POLITICAL LAW REVIEW

Based on the syllabus and lectures of Atty. Bong Lopez (Compiled by RYAN JAMES S. EDQUILAG)
The digested cases will serve as guide for the topics. Reading the full text of the cases is encouragingly advised.

POLITICAL LAW REVIEW

Atty. Reynaldo “Bong” G. Lopez

I. BASIC PRINCIPLES Law on Public Officers– that branch of

political law which deals with public
A. Definitions, concepts, distinctions officers, their qualifications, functions,
duties and liabilities under the law.
Politics – the activities, actions, and
policies that are used to gain and hold Election Laws–refers to laws which covers
power in a government or to influence a elections and other modes of voting by the
government. people in participation of public affairs.

Government – the governing body of a Local Government – also known as the

nation, state, or community. Also known law on public corporations or municipal
as the agency of the State. corporations, it refers to a political sub-
division of a nation or state which is
Administration – the process or activity of constituted by law and has substantial
running a business, organization, etc. control of local affairs. (Rodriguez, The
Local Government Code of 1991
Power – the ability to do something or act Annotated, 5th edition, p. 4)
in a particular way, especially as a faculty
or quality.It is the capacity or ability to Public International Law – that branch of
direct or influence the behavior of others law which is a body of rules and principles
or the course of events. of action which are binding upon civilized
states in their relations to one another
Authority – the power or right to give (Bernas, Introduction to Public
orders, make decisions, and enforce International Law, 2009 edition, p.1)
obedience.
II. THE STATE
B. Scope of Political Law Review
A. Concept and Definition
Constitutional Law – the study of the
maintenance of the proper balance A state is a group or groups of people,
between authority as represented by the permanently occupying a definite
three inherent powers of the State and territory, independent of foreign rule, and
liberty as guaranteed by the Bill of Rights having an organized government.
(Cruz, Constitutional Law, 1993 edition,
p. 1) A state is a community of persons, more
or less numerous, permanently occupying
Administrative Law – that branch of a definite territory, independent of
public law which fixes the organization of external control and possessing an
government, determines the competence organized government to which the great
of the administrative authorities who body of inhabitants render habitual
execute the law, and indicates to the obedience.
individual remedies for the violation of his
rights. 1. Distinguished from nation

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POLITICAL LAW REVIEW
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A nation is a group of people united by The supporters of this theory asserted

different bonds; i.e., common racial origin, that the state originated from the natural
common culture-art, language, religion or instinctive tendencies of men to live in
and common traditions and customs. organized society. Perhaps it is in this
(Zulueta, Foundations and Dynamics of premise that Aristotle said, “Men is by
Political Science, 2003 edition, p. 37) nature a political animal.” (Homo
politicus) The proponents believed that
State Nation the political institutions are the result of
A legal or political A racial or ethnical the instinct of men to bind themselves as
concept concept social beings which are inherent to men.
May be made up of May or may not (Zulueta, p. 28)
one or more nations constitute a state
d. Patriarchal or Matriarchal Theory
2. Origins; Theories
This view regards the expansion of the
a. Divine Theory first family to grow by virtue of inter-
marriages of the children. By natural
It postulates that the state is of divine stages, the family developed into a clan,
origin and God vested political power in the clan into a tribe, and tribe into a
certain persons or group of persons. The nation. The father (or mother) in the
rulers asserted that their power to govern family was recognized as the chief or ruler
was derived, not from the people, but lent and he (or she) governed this institution.
from God, and therefore, they could (Zulueta, p. 29)
govern absolutely and without any
accountability to anybody except to God. e. Force Theory
(Zulueta, p. 25)
This theory asserts that the state is
b. Contract Theory looked upon as a result of man’s inherent
desire for self-protection. It can be
This theory assumed that there was a gleaned from historical accounts that the
time when men lived in a “state of nature” state had come to exist through sheer
without any political organization force: a man dominating a tribe through
whatsoever, and the only laws governing brute force and strength; a tribe
their actions were those dictated by the conquering other tribes to form kingdoms;
instinct of reason. The theory regards the destroying other kingdoms completely
institution of political authority as the transforms itself into an empire; and
result of a contract or covenant among the kingdoms and empires clash against each
members of society. The assumption was other for supremacy. (Zulueta, p. 30)
that men who were living in a “state of
nature” entered into an agreement to f. Historical or Evolutionary Theory
form a civil society and organize
themselves into a people. With this body This theory purports to explain that the
politic, a ruling authority, the government state is an outcome of a gradual process or
was set up by virtue of political compact. evolutionary growth and development
(Zulueta, p. 27) that has been a part in the whole history
of mankind. (Zulueta, p. 30)
c. Natural or Instinctive Theory
B. Territory

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POLITICAL LAW REVIEW
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1. Definition meridian of longitude east of Greenwich,

thence along the parallel and forty-five
A territory is an administrative division, minutes north latitude to its intersection
usually an area that is under the with the meridian of longitude one
jurisdiction of a state. hundred and nineteen degrees and thirty-
five minutes east of Greenwich to the
2. Components parallel of latitude seven degrees and
forty minutes north to its intersection
This constitutes all the land and water with the one hundred and sixteenth
within its external boundaries, the sea, degree meridian of longitude east of
within a three-mile limit of its shores, the Greenwich, and thence along the one
bays and estuaries and islets bordering its hundred and eighteenth degree meridian
coast. (Zulueta, p. 23) of longitude east of Greenwich to the point
of beginning.
3. The Philippine Archipelago
The United States will pay to Spain the
Article I sum of twenty million dollars, within
NATIONAL TERRITORY three months after the exchange of the
ratifications of the present treaty.
The national territory comprises the
Philippine archipelago, with all the b. US-Spain Treaty, 7 November 1900
islands and waters embraced therein, and
all other territories over which the Spain relinquishes to the United States
Philippines has sovereignty or all title and claim of title, which she may
jurisdiction, consisting of its terrestrial, have had at the time of the conclusion of
fluvial and aerial domains, including its the Treaty of Peace of Paris, to any and
territorial sea, the seabed, the subsoil, the all islands belonging to the Philippine
insular shelves, and other submarine Archipelago, lying outside the lines
areas. The waters around, between, and described in Article III of that Treaty and
connecting the islands of the archipelago, particularly to the islands of Cagayan,
regardless of their breadth and Sulu and Sibutu and their dependencies,
dimensions, form part of the internal and agrees that all such islands shall be
waters of the Philippines. comprehended in the cession of the
Archipelago as fully as if they had been
a. Article III, Treaty of Paris, 10 December expressly included within those lines.
1898
The United States, in consideration of this
Spain cedes to the United States the relinquishment, will pay to Spain the sum
archipelago known as the Philippines of one hundred thousand dollars
Islands, and comprehending the islands ($100,000) within six months after the
lying within the following line: exchange of the ratifications of the
present treaty.
A line running from west to east along or
near the twentieth parallel of north The present treaty shall be ratified by the
latitude, and through the middle of the President of the United States, by and
navigable channel of Bacchi, from the one with the advice and consent of the Senate
hundred and eighteenth to the one thereof, and by Her Majesty the Queen
hundred and eighteenth to the one Regent of Spain, after approval by the
hundred and twenty-seventh degree Cortes of the Kingdom, and the ratifica-

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tions shall be exchanged at Washington the Philippines by historic right or legal

as soon as possible. title, including the territorial sea, the air
space, the subsoil, the sea-bed, the insular
c. US-Great Britain Treaty, 2 January shelves, and the other submarine areas
1930 over which the Philippines has sove-
reignty or jurisdiction. The waters
This treaty redefined the territorial around, between, and connecting the
boundaries between the Philippines and islands of the archipelago, irrespective of
its neighboring states which were their breadth and dimensions, form part
previously under the control of Great of the internal waters of the Philippines.
Britain. The adjustment of territorial
borders include Turtle and Mangsee f. Republic Act No. 3046, 17 June 1961
Islands.
This statute defines the territorial
d. 1935 Constitution baselines of the Philippines.

Article I.—THE NATIONAL TERRITORY g. Republic Act No. 5446, 8 September

1968
Section 1. The Philippines comprises all
the territory ceded to the United States by This statute amended RA 3046 with the
the treaty of Paris concluded between the addition of the claim of Sabah under the
United States and Spain on the tenth day territorial jurisdiction of the Philippines.
of December, eighteen hundred and
ninety-eight, the limits of which are set h. Presidential Decree No. 1596, 11 June
forth in Article III of said treaty, together 1978
with all the islands embraced in the
treaty concluded at Washington, between This law incorporated the portion of
the United States and Spain on the Spratly Islands into a municipality named
seventh day of November, nineteen Kalayaan under the province of Palawan.
hundred, and in the treaty concluded
between the United States and Great i. Presidential Decree No. 1599
Britain on the second day of January,
nineteen hundred and thirty, and all Section 1. There is hereby established a
territory over which the present zone to be known as the exclusive
Government of the Philippine Islands economic zone of the Philippines. The
exercises jurisdiction. exclusive economic zone shall extend to
a distance of two hundred nautical
- This provision includes the islands of miles beyond and from the baselines
Batanes. from which the territorial sea is
measured: Provided, That, where the
e. 1973 Constitution outer limits of the zone as thus
determined overlap the exclusive
Article I economic zone of an adjacent or
THE NATIONAL TERRITORY neighboring state, the common
boundaries shall be determined by
Section 1. The national territory com- agreement with the state concerned or in
prises the Philippine archipelago, with all accordance with pertinent generally
the islands and waters embraced therein,
and all the other territories belonging to

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POLITICAL LAW REVIEW
Based on the syllabus and lectures of Atty. Bong Lopez (Compiled by RYAN JAMES S. EDQUILAG)
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recognized principles of international law otherwise known as the Local

on delimitation. Government Code of 1991, as amended.

j. United Nations Convention on the Law Section 4. This Act, together with the
of the Seas (UNCLOS) I, II and III geographic coordinates and the chart and
maps indicating the aforesaid baselines,
In UNCLOS I, it codified the sovereign shall be deposited and registered with the
right of States over the territorial seas of Secretary General of the United Nations.
archipelagic and coastal states.
Province of North Cotabato v.
In UNCLOS II, this convention sought to Government of the Republic of the
determine the breadth of territorial seas Philippines Peace Panel on Ancestral
which went undetermined in UNCLOS I, Domain (GRP)
G. R. No. 183591, 14 October 2008
but no new agreements were made.
568 SCRA 402
In UNCLOS III, it prescribes the water- Facts:
land ratio, length and contour of baselines The Government of the Republic of the
of archipelagic states and sets the Philippines Peace Panel on Ancestral Domain
deadline for the filing of application for (GRP) is scheduled to sign the memorandum
the extended continental shelf. of agreement on the ancestral domain (MOA-
AD) with the Moro Islamic Liberation Front
k. Republic Act No. 9522 (demarcation of (MILF) in lieu of the continuing negotiations
maritime zone and continental shelf under between them with respect to the previous
hostilities throughout recent history.
UNCLOS III)
However, the signing was postponed due to
the filing of petitions questioning the
Section 2. The baseline in the following constitutionality of the MOA-AD. The
areas over which the Philippines likewise Province of North Cotabato and other
exercises sovereignty and juris- petitioners contended that a copy of the MOA-
diction shall be determined as AD must be disclosed and copies of the same
"Regime of Islands" under the Republic must be furnished to them, invoking the right
of the Philippines consistent with Article to information on matters of public concern.
121 of the United Nations Convention on Subsequent petitions were filed, seeking the
the Law of the Sea (UNCLOS): exclusion of several cities from the
Bangsamoro Juridical Entity and declaring
the MOA-AD null and void. Some other
a) The Kalayaan Island Group as petitions questioned the constitutionality of
constituted under Presidential Decree No. the said agreement and seeking the exclusion
1596; and of the local government units where they
represent or are affiliated with.
b) Bajo de Masinloc, also known as
Scarborough Shoal. Issue:
Whether or not the provisions under the
Section 3. This Act affirms that the MOA-AD, having an associated state, is in
Republic of the Philippines has dominion, accordance with the Constitution.
sovereignty and jurisdiction over all
Held:
portions of the national territory as No.
defined in the Constitution and by No province, city, or municipality, not even
provisions of applicable laws including, the ARMM, is recognized under our laws as
without limitation, Republic Act No. 7160, having an “associative” relationship with the
national government. Indeed, the concept

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POLITICAL LAW REVIEW
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implies powers that go beyond anything ever of the baselines to maritime passage by all
granted by the Constitution to any local or vessels and aircrafts, undermining Philippine
regional government. It also implies the sovereignty and national security,
recognition of the associated entity as a state. contravening the country’s nuclear-free policy,
The Constitution, however, does not and damaging marine resources, in violation
contemplate any state in this jurisdiction of relevant constitutional provisions. In
other than the Philippine State, much less addition, they contend that RA 9522’s
does it provide for a transitory status that treatment of the KIG as “regime of islands”
aims to prepare any part of Philippine not only results in the loss of a large maritime
territory for independence. area but also prejudices the livelihood of
subsistence fishermen.
Even the mere concept animating many of the
MOA-AD’s provisions, therefore, already Issue:
requires for its validity the amendment of Whether or not Republic Act No. 9522 is
constitutional provisions, specifically the unconstitutional.
following provisions of Article X:
Held:
“SECTION 1. The territorial and political No.
subdivisions of the Republic of the Philippines UNCLOS III has nothing to do with the
are the provinces, cities, municipalities, and acquisition (or loss) of territory. It is a
barangays. There shall be autonomous regions multilateral treaty regulating, among others,
in Muslim Mindanao and the Cordilleras as sea-use rights over maritime zones (i.e., the
hereinafter provided. territorial waters [12 nautical miles from the
baselines], contiguous zone [24 nautical miles
SECTION 15. There shall be created from the baselines], exclusive economic zone
autonomous regions in Muslim Mindanao and [200 nautical miles from the baselines]), and
in the Cordilleras consisting of provinces, continental shelves that UNCLOS III
cities, municipalities, and geographical areas delimits. UNCLOS III was the culmination of
sharing common and distinctive historical and decades-long negotiations among United
cultural heritage, economic and social Nations members to codifynorms regulating
structures, and other relevant characteristics the conduct of States in the world’s oceans and
within the framework of this Constitution and submarine areas, recognizing coastal and
the national sovereignty as well as territorial archipelagic States’ graduated authority over
integrity of the Republic of the Philippines. a limited span of waters and submarine lands
along their coasts.
Magallona v. Ermita
G. R. No. 187167, 16 August 2011 On the other hand, baselines laws such as RA
655 SCRA 476 9522 are enacted by UNCLOS III States
parties to mark-out specific basepoints along
Facts: their coasts from which baselines are drawn,
Prof. Merlin Magallona and other petitioners either straight or contoured, to serve as
filed their petition questioned the geographic startingpoints to measure the
constitutionality of Republic Act No. 9522, breadth of the maritime zones and continental
which adjusted the country’s archipelagic shelf. Article 48 of UNCLOS III on
baselines and classifying the baseline regime archipelagic States like ours could not be any
of nearby territories, on two principal clearer:
grounds, namely: (1) RA 9522 reduces
Philippine maritime territory, and logically, “Article 48. Measurement of the breadth of the
the reach of the Philippine state’s sovereign territorial sea, the contiguous zone, the
power, in violation of Article 1 of the 1987 exclusive economic zone and the continental
Constitution, embodying the terms of the shelf.—The breadth of the territorial sea, the
Treaty of Paris and ancillary treaties, and (2) contiguous zone, the exclusive economic zone
RA 9522 opens the country’s waters landward and the continental shelf shall be measured

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from archipelagic baselines drawn in It refers simply to the inhabitants of the

accordance with article 47.” (Emphasis state. While there is no legal requirement
supplied) as to their number, it is generally agreed
that they must be numerous enough to be
Thus, baselines laws are nothing but statutory
self-sufficing and to defend themselves
mechanisms for UNCLOS III States parties to
delimit with precision the extent of their
and small enough to be easily
maritime zones and continental shelves. In administered and sustained. (Cruz,
turn, this gives notice to the rest of the Philippine Political Law, 2014 edition, pp.
international community of the scope of the 21-22)
maritime space and submarine areas within
which States parties exercise treaty-based a. As inhabitants (Article III, Sections 1
rights, namely, the exercise of sovereignty &2)
over territorial waters (Article 2), the
jurisdiction to enforce customs, fiscal, Section 1. No person shall be deprived of
immigration, and sanitation laws in the
life, liberty, or property without due
contiguous zone (Article 33), and the right to
exploit the living and non-living resources in
process of law, nor shall any person be
the exclusive economic zone (Article 56) and denied the equal protection of the laws.
continental shelf (Article 77).
Section 2. The right of the people to be
Even under petitioners’ theory that the secure in their persons, houses, papers,
Philippine territory embraces the islands and and effects against unreasonable searches
all the waters within the rectangular area and seizures of whatever nature and for
delimited in the Treaty of Paris, the baselines any purpose shall be inviolable, and no
of the Philippines would still have to be drawn search warrant or warrant of arrest shall
in accordance with RA 9522 because this is
issue except upon probable cause to be
the only way to draw the baselines in
conformity with UNCLOS III. The baselines
determined personally by the judge after
cannot be drawn from the boundaries or other examination under oath or affirmation of
portions of the rectangular area delineated in the complainant and the witnesses he
the Treaty of Paris, but from the “outermost may produce, and particularly describing
islands and drying reefs of the archipelago.” the place to be searched and the persons
or things to be seized.
UNCLOS III and its ancillary baselines laws
play no role in the acquisition, enlargement (Article II, Sections 15 & 16)
or, as petitioners claim, diminution of
territory. Under traditional international law
Section 15. The State shall protect and
typology, States acquire (or conversely, lose)
territory through occupation, accretion, promote the right to health of the people
cession and prescription, not by executing and instill health consciousness among
multilateral treaties on the regulations of sea- them.
use rights or enacting statutes to comply with
the treaty’s terms to delimit maritime zones Section 16. The State shall protect and
and continental shelves. Territorial claims to advance the right of the people to a
land features are outside UNCLOS III, and balanced and healthful ecology in accord
are instead governed by the rules on general with the rhythm and harmony of nature.
international law.
b. As electors (Article VII, Section 4)
C. People
Section 4. The President and the Vice-
1. Definition President shall be elected by direct vote of

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the people for a term of six years which development, shall be afforded the
shall begin at noon on the thirtieth day of citizen, subject to such limitations as
June next following the day of the election may be provided by law.
and shall end at noon of the same date,
six years thereafter. The President shall D. Government
not be eligible for any re-election. No
person who has succeeded as President 1. Definition
and has served as such for more than four
years shall be qualified for election to the - Section 2(1) of the Introductory
same office at any time. Provisions of Executive Order No. 292,
series of 1987, otherwise known as the
xxx Administrative Code of the Philippines,
defines the Government of the Republic of
(Article XVI, Section 2) the Philippines.

Section 2. The Congress may, by law, Section 2. General Terms Defined. -

adopt a new name for the country, a Unless the specific words of the text, or
national anthem, or a national seal, which the context as a whole, or a particular
shall all be truly reflective and symbolic of statute, shall require a different meaning:
the ideals, history, and traditions of the
people. Such law shall take effect only (1) Government of the Republic of the
upon its ratification by the people in a Philippines refers to the corporate
national referendum. governmental entity through which the
functions of government are exercised
c. As citizens (Article II, Sections 1 & 4) throughout the Philippines, including,
save as the contrary appears from the
Section 1. The Philippines is a democratic context, the various arms through which
and republican State. Sovereignty resides political authority is made effective in the
in the people and all government Philippines, whether pertaining to the
authority emanates from them. autonomous regions, the provincial, city,
municipal or barangay subdivisions or
Section 4. The prime duty of the other forms of local government.
Government is to serve and protect the
people. The Government may call upon 2. Constituent vs. Ministrant functions
the people to defend the State and, in the
fulfillment thereof, all citizens may be a. Constituent function
required, under conditions provided by
law, to render personal, military or civil It constitutes the very bonds of society
service. and is therefore compulsory. Among the
constituent functions are the following:
(Article III, Section 7)
(1) The keeping of order and providing the
Section 7. The right of the people to protection of persons and property from
information on matters of public concern violence and robbery;
shall be recognized. Access to official
records, and to documents and papers (2) The fixing of the legal relations
pertaining to official acts, transactions, or between husband and wife and between
decisions, as well as to government parents and children;
research data used as basis for policy

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(3) The regulation of the holding, Facts:

transmission and interchange of property, The Philippine legislature passed Act No.
and the determination of its liabilities for 2109, empowering the Treasurer of the
debt or for crime; Philippine Islands to sue Monte de Piedad to
recover the sum of money allotted to the heirs
of the victims of the earthquake of 1863,
(4) The determination of contractual whose name appeared in the old official
rights between individuals; gazette (Gazeta de Manila) last published in
1870. The fund was given by the Spanish
(5) The definition and punishment of Government to Monte de Piedad but the latter
crimes; did not give to the prospective beneficiaries.
The trial court ruled in favor of the
(6) The administration of justice in civil Government, ordering Monte de Piedad to
cases; return the $80,000 to the Spanish
Government who gave to the former as relief
funds for the earthquake and its victims.
(7) The administration of political duties,
Monte de Piedad questioned the
privileges and relations of citizens; and constitutionality of the said law passed by the
legislature.
(8) The dealings of the state with foreign
powers; the preservation of the state from Issue:
external danger or encroachment and the Whether or not the relief funds given by the
advancement of its international previous sovereign (Spanish) can be returned
interests. (Cruz, Philippine Political Law, despite the change of sovereign rule.
2014 edition, p. 34)
Held:
Yes.
b. Ministrant function
The funds collected as a result of the national
subscription opened in Spain by royal order of
It refers to that undertaken to advance the Spanish Government and which were
the general interests of society, such a remitted to the Philippine Government to be
public works, public charity, and distributed among the earthquake sufferers
regulation of trade and industry. (Cruz, by the Central Relief Board constituted, under
Philippine Political Law, 2014 edition, p. article 1 of the law of June 20, 1849, and
34) article 2 of the instructions of April 27, 1875, a
special charity of a temporary nature as
3. Parens Patriae distinguished from a permanent public
charitable institution. As the Spanish
Government initiated the creation of the fund
It is a Latin phrase, which means, father and as the donors turned their contributions
of the country. This doctrine has been over to that Government, it became the duty
defined as the inherent power and of the latter, under article 7 of the
authority of the state to provide instructions, to exercise supervision and
protection to the persons and property the control over the monies thus collected to the
persons who are those that lack the legal end that the will of the donors should be
capacity to act on his own behalf like the carried out. The relief board had no power
child or the insane persons. whatever to dispose of the funds confided to
its charge for other purposes than to
Government of the Philippine Islands v. distribute them among the sufferers, because
Monte de Piedad paragraph 3 of article 11 of the instructions
G. R. No. 9959, 13 December 1916 conferred the power upon the secretary of the
35 Phil. 728 interior of Spain, and no other, to dispose of
the surplus funds, should there be any, by

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assigning them to some other charitable $80,000 were not included therein, it is said
purpose or institution. The secretary could not that the right to recover this amount did not,
dispose ofany of the funds in this manner so therefore, pass to the present sovereign. This,
long as they were necessary for the specific in our opinion, does not follow as a necessary
purpose for which they were contributed. The consequence, as the right to recover does not
secretary had the power, under the law above rest upon the proposition that the $80,000
mentioned to appoint and totally or partially must be "other immovable property"
change the personnel of the relief board and to mentioned in article 8 of the treaty, but upon
authorize the board to defend the rights of the contractual obligations incurred before the
charity in the courts. The authority of the Philippine Islands were ceded to the United
board consisted only in carrying out the will of States. We will now inquire what effect this
the donors as directed by the Government cession had upon the law of June 20, 1849, the
whose duty it was to watch over the acts of the royal decree of April 27, 1875, and the
board and to see that the funds were applied instructions promulgated on the latter date.
to the purposes for which they were In Vilas vs. Manila (220 U. S., 345), the court
contributed. The secretary of the interior, as said:
the representative of His Majesty's
Government, exercised these powers and "That there is a total abrogation of the former
duties through the Governor-General of the political relations of the inhabitants of the
Philippine Islands. The Governments of Spain ceded region is obvious. That all laws
and of the Philippine Islands in complying theretofore in force which are in conflict with
with their duties conferred upon them by law, the political character, constitution, or
acted in their governmental capacities in institutions of the substituted sovereign, lose
attempting to carry out the intention of the their force, is also plain. (Alvarez y Sanchez
contributors. It will thus be seen that those vs. United States, 216 U. S., 167.) But it is
governments were something more, as we equally settled in the same public law that
have said, than mere trustees of the fund. that great body of municipal law which
regulates private and domestic rights
It is further contended that the obligation on continues in force until abrogated or changed
the part of the Monte de Piedad to return the by the new ruler."
$80,000 to the Government, even considering
it a loan, was wiped out on the change of If the above-mentioned legal provisions are in
sovereignty, or in other words, the present conflict with the political character,
Philippine Government cannot maintain this constitution or institutions of the new
action for that reason. This contention, if true, sovereign, they became inoperative or lost
"must result from settled principles of rigid their force upon the cession of the Philippine
law," as it cannot rest upon any title to the Islands to the United States, but if they are
fund in the Monte de Piedad acquired prior to among "that great body of municipal law
such change. While the obligation to return which regulates private and domestic rights,"
the $80,000 to the Spanish Government was they continued in force and are still in force
still pending, war between the United States unless they have been repealed by the present
and Spain ensued. Under the Treaty of Paris Government. That they fall within the latter
of December 10, 1898, the Archipelago, known class is clear from their very nature and
as the Philippine Islands, was ceded to the character. They are laws which are not
United States, the latter agreeing to pay political in any sense of the word. They
Spain the sum of $20,000,000. Under the first conferred upon the Spanish Government the
paragraph of the eighth article, Spain right and duty to supervise, regulate, and to
relinquished to the United States "all some extent control charities and charitable
buildings, wharves, barracks, forts, institutions.
structures, public highways, and other
immovable property which, in conformity with The present sovereign, in exempting
law, belonged to the public domain, and as "provident institutions, savings banks, etc.,"
such belonged to the crown of Spain." As the all of which are in the nature of charitable

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institutions, from taxation, placed such into the exercise thereof. (Cruz, Philippine
institutions, in so far as the investment in Political Law, 2014 edition, p. 40)
securities are concerned, under the general
supervision of the Insular Treasurer a. Criteria for legitimacy
(paragraph 4 of section 111 of Act No. 1189;
see also Act No. 701).
(1) It is established according to the basic
Furthermore, upon the cession of the law of the land
Philippine Islands the prerogatives of the
crown of Spain devolved upon the United (2) It has the general support of the
States. In Magill vs. Brown (16 Fed. Cas., people.
408), quoted with approval in Mormon Church
vs. United States (136 U. S., 1, 57), the court (3) It is entitled to recognition and
said: rightful supremacy. (Zulueta, p. 41)
"The Revolution devolved on the State all the
5. De facto government, kinds and
transcendent power of Parliament, and the
prerogative of the crown, and gave their Acts
characteristics
the same force and effect."
A de facto government is a government of
Chancelor Kent says: fact, that is, it actually exercises power or
control but without legal title.(Cruz,
"In this country, the legislature or government Philippine Political Law, 2014 edition, p.
of the State, as parens patriæ, has the right to 40)
enforce all charities of a public nature, by
virtue of its general superintending authority a. Kinds
over the public interests, where no other
person is entrusted with it." (4 Kent Com.,
508, note.) The Supreme Court of the United
(1) The government that gets possession
States in Mormon Church vs. United States, and control of, or usurps, by force or by
supra, after approving also the last the voice of the majority, the rightful legal
quotations, said: government and maintains itself against
the will of the latter.
"This prerogative of parens patriæ is inherent
in the supreme power of every State, whether (2) That established as an independent
that power is lodged in a royal person or in the government by the inhabitants of a
legislature, and has no affinity to those country who rise in insurrection against
arbitrary powers which are sometimes exerted
the parent state.
by irresponsible monarchs to the great
detriment of the people and the destruction of
their liberties. On the contrary, it is a most (3) That which is established and
beneficient function, and often necessary to be maintained by military forces who invade
exercised in the interest of humanity, and for and occupy a territory of the enemy in the
the prevention of injury to those who cannot course of war, and which is denominated
protect themselves." as a government of paramount force.
(Cruz, Philippine Political Law, 2014
4. De Jure government, Criteria for edition, p. 40, cited in Co Kim Chan v.
legitimacy Valdez Tan Keh, 75 Phil. 113)

A de jure government has rightful title b. Characteristics

but no power or control, either because
this has been withdrawn from it or (1) Its existence is maintained by active
because it has not yet actually entered military power within the territories, and

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against the rightful authority of an

established and lawful government. A form of government in which the
supreme power is vested in the people and
(2) During its existence, it must exercised directly by them or by their
necessarily be obeyed in civil matters by elected delegates or representatives under
private citizens who, by acts of obedience a free electoral system. (Zulueta, p. 57)
rendered in submission to such force, do
not become responsible, as wrongdoers, - Direct democracy
for those acts, though not warranted by
the laws of the rightful government. It is one in which the will of the state is
(Cruz, Philippine Political Law, 2014 formulated or expressed directly and
edition, p. 41, cited in Co Kim Chan v. immediately through the people in a mass
Valdez Tan Keh, 75 Phil. 113) meeting or a primary assembly rather
than through the medium of delegates or
6. Classifications, Forms of governments representatives chose to act for them.
(Zulueta, p. 58)
a. based on number of rulers
ii. Indirect or representative democracy
i. Monarchy
It is one in which the will of the state is
A form of government in which power is formulated and expressed through the
vested in the hands of a single person agency of a relatively small and select
without regard to the source of his body of persons chosen by the people to
election or the nature or duration of his act as their representatives. (Zulueta, p.
tenure.(Zulueta, p. 56) 58)

- Absolute monarchy b. based on accountability to the people

The monarch rules by divine right, in i. Civil government

which he exercises absolute
powers.(Zulueta, p. 56) The affairs of the state are administered
and directed by the citizens or their
- Constitutional monarchy representatives. (Zulueta, p. 65)

The monarch rules in accordance with the ii. Constitutional government

Constitution.(Zulueta, p. 56)
It is one in which the powers of those who
ii. Aristocracy rule are clearly defined and limited in
their exercise by a constitution in order to
A form of government in which a few protect individual rights and shield them
persons – the aristocrats holding against the assumption of arbitrary
exceptional rank and privileges, especially powers. (Zulueta, pp. 65-66)
the hereditary nobility, exercise the power
of the state. It is in this context that it iii. Totalitarian government
means the government by an elite of the
society that has high social status, wealth, It is one in which there is total control of
and political power. (Zulueta, p. 57) all phases of the people’s lives. While the
people seemingly enjoy certain civil rights
iii. Democracy

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extended to them as a promise, actually, This is a form of government in which the

the people have no rights. (Zulueta, p. 66) state confers upon the legislature the
power to terminate the tenure of office of
iv. Authoritarian government the true or real executive. (Zulueta, p. 64)

It is a kind of government which is less e. based on divisions of the State

harsh in governing the people compared
to a totalitarian government. (Zulueta, p. i. Unitary government
67)
This is a form of government in which the
c. based on the economic system control of national government and local
affairs is exercised by the central or
i. Capitalist economy national government. (Zulueta, p. 63)

A market to market type of economy. The ii. Federal government

trade policy here is with least
intervention from the government. This is a form of government in which the
powers of the government are divided
ii. Command economy between two sets of organs, one for the
national affairs, and the other, for local
This type of economy has its market run affairs, with each organ being supreme
with government intervention. within its own political sphere. (Zulueta,
p. 64)
iii. Mixed economy
E. Sovereignty
This type of economy is the mixture of
both capitalist and command economies. 1. Definition

iv. Socialist government It is the supreme and uncontrollable

power inherent in a State by which that
It is different from the communist State is governed.
government which is totalitarian in
nature and ideological dictatorship in 2. Dual Aspect, Kinds and Characteristics
form. It is basically a democracy; only, it
has certain features and influences of a a. Dual Aspect
welfare state. (Zulueta, p. 67)
- Internal sovereignty
d. based on legislative-executive relations
It refers to the power of the State to
i. Presidential government control its domestic affairs

This is a form of government in which the - External sovereignty

state makes the executive branch
constitutionally independent of the Also known as independence, it is the
legislature. (Zulueta, p. 64) power of the State to direct its relations
with other States.
ii. Parliamentary government
b. Kinds

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As they regulate the relations between

- Legal sovereignty the ruler and the ruled, these laws fall to
the ground ipso facto unless they are
It is the authority which has the power to retained or re-enacted by positive act of
issue final commands. the new sovereign. Non-political laws, by
contrast, continue in operation, for the
- Political sovereignty reason that they regulate private
relations only, unless they are changed by
It is the power behind the legal sovereign, the new sovereign or are contrary to its
or the sum of the influences that operate institutions. (Cruz, Philippine Political
upon it. Law, 2014 edition, pp.45-46)

c. Characteristics 5. Effects of military occupation

(1) Permanent There being no change of sovereignty, the

political laws of the territory occupied by
(2) Exclusive belligerent occupants are merely
suspended, subject to revival under the
(3) Comprehensive jus postliminium upon the end of the
occupation. The non-political laws are
(4) Absolute deemed continued unless changed by the
belligerent occupant since they are
(5) Indivisible intended to govern the relations of
individuals as among themselves and are
(6) Inalienable not generally affected by changes in
regimes or rulers.(Cruz, Philippine
(7) Imprescriptible Political Law, 2014 edition, pp.43-44)

3. Dominium & Imperium 6. Territorial, personal and extra-

territorial jurisdiction
a. Dominium
a. Territorial jurisdiction
This kind of act is an independent
propriety right for possession, use, It refers to the geographical area within
exploration, disposition, sale and control which its powers can be exercised.
of the State over lands. These acts
constitute a proprietary act. b. Personal jurisdiction

b. Imperium It refers to the power or authority to

exercise such to persons who are citizens
This kind of act is the right of the State to or subjects of a State.
implement its own laws to secure
obedience, maintain peace and order, etc. c. Extraterritorial jurisdiction
These acts constitute a governmental act.
It refers to the authority of the State to
4. Effects of Change in Sovereignty exercise its powers outside its territory.

The political laws of the former sovereign 7. Acts of State

are not merely suspended but abrogated.

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They are acts done by the State, through “struck off” at a “not inaugurated at
its political departments of the definite time and any specific time
government and not subject to judicial place following a but changing by
review. (Cruz, Philippine Political Law, conscious or deli- accretion rather
2014 edition, p. 47) berate effort taken than by any sys-
by a constituent tematic method.”
III. THE PHILIPPINE body or ruler.
CONSTITUTION Rigid Flexible
One that can be One that can be
A. Constitution: definition, nature and amended only by a changed by ordi-
concepts formal and usually nary legislation.
difficult process.
1. Definition
b. Essential Qualities of a Written
A constitution is that body of rules and Constitution
maxims in accordance with which the
powers of sovereignty are habitually (1) Broad
exercised. (Cooley, Constitutional
Limitations, p. 4, as cited in Cruz, It is such not only because it provides for
Constitutional Law, 2015 edition, p. 3) the organization of the entire government
and covers all persons and things within
2. Nature the territory of the State but more so
because it is supposed to embody the past,
The purpose of the Constitution is to to reflect the present and to anticipate the
prescribe the permanent framework of a future.
system of government, to assign to the
several departments their respective (2) Brief
powers and duties, and to establish
certain first fixed principles on which It must confine itself to basic principles to
government is founded. (11 Am. Jur. 606, be implemented with legislative details
as cited in Cruz, Constitutional Law, 2015 more adjustable to change and easier to
edition, p. 3) amend.

3. Concepts (3) Definite

a. Classification It must be clear or definite lest ambiguity

in its provisions result in confusion and
Written Unwritten divisiveness among the people, and
One whose precepts Consists of rules perhaps even physical conflict. The
are embodied in one which have not exception is found only in those cases
document or set of been integrated where the rules are deliberately worded in
documents into a single, a vague manner, like the due process
concrete form but clause to make them more malleable to
are scattered in judicial interpretation in the light of new
various sources. conditions and circumstances.
Conventional Cumulative
An enacted consti- The result of B. Parts
tution, formally political evolution,

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1. Constitution of liberty Interior Secretary was questioned by

Daniel Tirona, making the start of the
It consists of a series of prescriptions conflict between Bonifacio and Aguinaldo.
setting forth the fundamental civil and
political rights of the citizens and May 10, 1897 – Andres Bonifacio and his
imposing limitations on the powers of brother Procopio were executed in
government as a means of securing the Maragondon, Cavite, which was believed
enjoyment of those rights. to be the act of Aguinaldo.

Found in Articles II, III, IV, V, and XII of November 1, 1897 – The Republic of Biak
the Constitution. na Bato was established in San Miguel,
Bulacan.
2. Constitution of government
December 14, 1897 – The Pact of Biak na
It consists of a series of provisions Bato was signed between Spain and the
outlining the organization of the Aguinaldo administration.
government, enumerating its powers,
laying down certain rules relative to its January 21, 1899 – The First Philippine
administration, and defining the Republic was founded following the
electorate. promulgation of its Constitution, the first
in Asia.
Found in Articles VI to XI of the
Constitution. February 4, 1899 – The Philippine-
American war started when American
3. Constitution of sovereignty troops shot Filipino soldiers in Santa
Mesa, Manila.
It consists of the provisions pointing out
the mode or procedure in accordance with March 23, 1901 – President Emilio
which formal changes in the fundamental Aguinaldo was captured by the Americans
law may be brought about. under the command of Col. Frederick
Funston at Palanan, Isabela, signifying
Found in Article XVII of the Constitution. the end of the First Philippine Republic.

C. History and Background 2. Organic Laws under the American

Period
1. The Philippine Revolution and the
Malolos Constitution a. McKinley’s Instructions (7 April 1900)

August 26, 1896 – Andres Bonifacio and US President William McKinley

his fellow members of the Katipunan appointed officials to the Philippines as
revolted against Spanish rule commissioners for the purpose of
organizing a civil government, replacing
December 30, 1896 – Dr. Jose Rizal was the military government previously
executed by the Spaniards after being established after the capture of Manila by
found guilty of rebellion and heresy. the American forces from the Spanish.

March 22, 1897 – The Tejeros Convention b. Spooner Amendment

was conducted, electing Emilio Aguinaldo
as its President. Bonifacio’s election as

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“All military, civil, and judicial powers and Filipino forces fell under the
necessary to govern the Philippine Islands Japanese.
acquired from Spain by the treaties
concluded at Paris on December 10, 1898 October 14, 1943 – The Second Philippine
and at the Washington on November 7, Republic was established. Jose P. Laurel
1900 shall, unless otherwise provided by served as its President.
Congress, be vested in such manner as
the President of the United States direct, October 20, 1944 – American and
for the establishment of civil government, Philippine Commonwealth forces set sail
and for maintaining and protecting the at Palo, Leyte, marking their return to
inhabitants of the said islands in free liberate the Philippines from Japan.
enjoyment of their liberty, property, and
religion.” August 15, 1945 – Japan surrendered to
the Allied forces.
This amendment formally establishes the
American civil government with William August 17, 1945 – The Second Philippine
Howard Taft as its first civil governor. Republic comes to an end.

c. Philippine Bill of 1902 September 2, 1945 – Japan signed an

agreement of their surrender.
This law organizes the American
government in the Philippines, which e. 1935 Constitution
serves as the organic law of the
Philippines (then called Philippine This Constitution created the Common-
Islands) as a colony of the United States. wealth Government headed by Manuel
Luis Quezon as its first President.
d. Philippine Autonomy Act (Jones Law)
November 15, 1935 – the establishment of
This law gave the opportunity for the the Philippine Commonwealth and the
Filipinos to serve the government under inauguration of Manuel Luis Quezon as
the American regime. It also gave way for its President and Sergio Osmeña as its
the establishment of several government Vice President.
agencies and institutions to include
Filipinos occupying such offices. July 4, 1946 – the Philippines was
granted independence from the United
3. Japanese Occupation States. The Third Philippine Republic was
established, with Manuel Roxas as its
December 8, 1941 – The Imperial first President and Elpidio Quirino as its
Japanese Army invaded the Philippines. first Vice President.

January 2, 1942 – Manila was conquered September 21, 1972 – President

by the Japanese after being declared an Ferdinand Marcos declared martial law
“open city” by the Americans. pursuant to Presidential Proclamation
No. 1081. He announced it on national
April 9, 1942 – Bataan fell into Japanese television on September 23, 1972.
hands.
f. 1973 Constitution
May 6, 1942 – Corregidor Island, the last
island being defended by joint American

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January 17, 1973 – The 1973 Constitution Section 1. Any amendment to, or
took effect after the ratification of the revision of, this Constitution may be
same by way of a plebiscite. proposed by:

1978 – Interim Batasang Pambansa was (1) The Congress, upon a vote of three-
established. fourths of all its Members; or

January 17, 1981 – Presidential (2) A constitutional convention.

Proclamation No. was signed, ending
martial law. Section 2. Amendments to this
Constitution may likewise be directly
June 30, 1981 – Ferdinand Marcos took proposed by the people through
his third term as President right after the initiative upon a petition of at least
lifting of martial law. twelve per centum of the total
number of registered voters, of which
August 21, 1983 – Former Senator every legislative district must be
Benigno Aquino Jr. was assassinated at represented by at least three per
the tarmac of the Manila International centum of the registered voters
Airport, later named after him. therein. No amendment under this
section shall be authorized within five
February 7, 1986 – Snap elections were years following the ratification of this
held, declaring Marcos as the winner Constitution nor oftener than once every
according to the Commission on Elections five years thereafter.
(Comelec), despite the National Move-
ment for Free Elections (Namfrel) The Congress shall provide for the
declaring his opponent Corazon Aquino as implementation of the exercise of this
the winning candidate. right.

February 22-25, 1986 – EDSA People Section 3. The Congress may, by a vote
Power Revolution. of two-thirds of all its Members, call a
constitutional convention, or by a
g. 1986 (EDSA) Revolution and the majority vote of all its Members,
Freedom Constitution submit to the electorate the question
of calling such a convention.
March 25, 1986 – Freedom Constitution
was drafted in transition of the upcoming Santiago v. Commission on Elections
Constitution. This move repealed the G. R. No. 127325, 19 March 1997
1973 Constitution. 270 SCRA 106

Facts:
h. 1987 Constitution
A certain Atty. Jesus Delfin filed a petition to
amend the 1987 Constitution by way of
February 2, 1987 – The 1987 Constitution people’s initiative with the Commission on
took effect. Elections (Comelec) to lift term limits of
elective officials, seeking to amend Article VI,
D. Amendments and Revisions (Article Sections 4 and 7; Article VII, Section 4; and
XVII, Sections 1, 2 & 3) Article X, Section 8 of the Constitution.
Senator Miriam Defensor-Santiago and other
petitioners questioned the move on the
initiative, contending that there was no law

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passed by Congress providing for the

procedure on the people’s initiative to amend This system of initiative was originally
the Constitution. They added that Republic included in Section 1 of the draft Article on
Act No. 6735 is not clear on the initiative for Amendment or Revision proposed by the
the amendment of the Constitution and the Committee on Amendments and Transitory
same is limited to amendments to the Provisions of the 1986 Constitutional
Constitution and not to revisions thereof. Commission in its Committee Report No. 7
(Proposed Resolution No. 332).
Issue:
Whether or not the proposed change in the In any event, as envisioned, no amendment
Constitution constitutes an amendment. through the power of initiative can be called
until after five years from the date of the
Held: ratification of this Constitution. Therefore, the
No. first amendment that could be proposed
Section 2 of Article XVII of the Constitution through the exercise of this initiative power
provides: would be after five years. It is reasonably
expected that within that five-year period, the
SEC. 2. Amendments to this Constitution may National Assembly can come up with the
likewise be directly proposed by the people appropriate rules governing the exercise of
through initiative upon a petition of at least this power.
twelve per centum of the total number of
registered voters, of which every legislative The entire proposed Article on Amendments
district must be represented by at least three or Revisions was approved on second reading
per centum of the registered voters therein. on 9 July 1986. Thereafter, upon his motion
No amendment under this section shall be for reconsideration, Commissioner Gascon was
authorized within five years following the allowed to introduce an amendment to Section
ratification of this Constitution nor oftener 2 which, nevertheless, was withdrawn. In
than once every five years thereafter. view thereof, the Article was again approved
on Second and Third Readings on 1 August
The Congress shall provide for the 1986.
implementation of the exercise of this right.
However, the Committee on Style
This provision is not self-executory. In his recommended that the approved Section 2 be
book, Joaquin Bernas, a member of the 1986 amended by changing “percent” to “per
Constitutional Commission, stated: centum” and “thereof” to “therein” and
deleting the phrase “by law” in the second
Without implementing legislation Section 2 paragraph so that said paragraph reads: The
cannot operate. Thus, although this mode of Congress shall provide for the implementation
amending the Constitution is a mode of of the exercise of this right. This amendment
amendment which bypasses congressional was approved and is the text of the present
action, in the last analysis it still is dependent second paragraph of Section 2.
on congressional action.
The conclusion then is inevitable that, indeed,
Bluntly stated, the right of the people to the system of initiative on the Constitution
directly propose amendments to the under Section 2 of Article XVII of the
Constitution through the system of initiative Constitution is not self-executory.
would remain entombed in the cold niche of
the Constitution until Congress provides for Has Congress “provided” for the
its implementation. Stated otherwise, while implementation of the exercise of this right?
the Constitution has recognized or granted Those who answer the question in the
that right, the people cannot exercise it if affirmative, like the private respondents and
Congress, for whatever reason, does not intervenor Senator Roco, point to us R.A. No.
provide for its implementation. 6735.

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There is, of course, no other better way for Issue:

Congress to implement the exercise of the Whether or not the proposal to change the
right than through the passage of a statute or Constitution constitutes an amendment.
legislative act. This is the essence or rationale
of the last minute amendment by the Held:
Constitutional Commission to substitute the No.
last paragraph of Section 2 of Article XVII Section 2, Article XVII of the Constitution is
then reading: the governing constitutional provision that
allows a people’s initiative to propose
The Congress shall by law provide for the amendments to the Constitution. This section
implementation of the exercise of this right. states:

with “Sec. 2. Amendments to this Constitution may

likewise be directly proposed by the
The Congress shall provide for the people through initiative upon apetition
implementation of the exercise of this right. of at least twelve per centum of the total
number of registered voters of which every
This substitute amendment was an legislative district must be represented by at
investiture on Congress of a power to provide least three per centum of the registered voters
for the rules implementing the exercise of the therein. x x x x” (Emphasis supplied)
right. The “rules” means “the details on how
[the right] is to be carried out.” Clearly, the framers of the Constitution
intended that the “draft of the proposed
Lambino v. Commission on Elections constitutional amendment” should be
G. R. No. 174153, 25 October 2006 “ready and shown” to the people “before”
505 SCRA 160 they sign such proposal. The framers plainly
stated that “before they sign there is
Facts: already a draft shown to them.” The
Raul Lambino and Erico Aumentado, along framers also “envisioned” that the people
with other groups and individuals, should sign on the proposal itself because
commenced gathering signatures for an the proponents must “prepare that proposal
initiative petition to change the 1987 and pass it around for signature.”
Constitution, and they sought to have a
plebiscite to ratify their petition under Section The essence of amendments “directly
5(b) and (c) and Section 7 of Republic Act No. proposed by the people through
6735, or the Initiative and Referendum Act. initiative upon a petition” is that the
They garnered the support of 6,327,952 entire proposal on its face is a petition by
individuals constituting at least 12% of all the the people. This means two essential
registered voters, with each legislative district elements must be present. First, the people
represented by at least 3% of its registered must author and thus sign the entire
voters, which their signatures were verified by proposal. No agent or representative can sign
the Comelec. They sought to amend Article VI, on their behalf. Second, as an initiative upon a
Sections 1 to 7; Article VII, Sections 1 to 4; petition, the proposal must be embodied in a
and by adding Article XVIII entitled petition.
Transitory Provisions, for the purpose of
shifting the present Bicameral-Presidential These essential elements are present only if
system to a Unicameral-Parliamentary form the full text of the proposed amendments is
of government. The Comelec ruled, invoking first shown to the people who express their
the case of Santiago v. Commission on assent by signing such complete proposal in a
Elections, declaring RA 6735 inadequate to petition. Thus, an amendment is “directly
implement the initiative clause to amend the proposed by the people through
Constitution. initiative upon a petition” only if the

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people sign on a petition that contains be allowed to sap its strength nor greed
the full text of the proposed for power debase its rectitude. Right or
amendments. wrong, the Constitution must be upheld
as long as it has not been changed by the
The full text of the proposed amendments may
sovereign people lest its disregard result
be either written on the face of the petition, or
attached to it. If so attached, the petition must
in the usurpation of the majesty of law by
state the fact of such attachment. This is an the pretenders to illegitimate power.
assurance that every one of the several (Cruz, Constitutional Law, 2015 edition,
millions of signatories to the petition had seen p. 4)
the full text of the proposed amendments
before signing. Otherwise, it is physically Manila Prince Hotel v. Government
impossible, given the time constraint, to prove Service Insurance System
that every one of the millions of signatories G. R. No. 122156, 3 February 1997
had seen the full text of the proposed 267 SCRA 408
amendments before signing. The framers of
the Constitution directly borrowed the concept Facts:
of people’s initiative from the United States A bidding for the purchase of Manila Hotel
where various State constitutions incorporate commenced. The leading bidders are Manila
an initiative clause. In almost all States which Prince Hotel and a Malaysian firm Renong
allow initiative petitions, the unbending Berhad, in which the latter being the highest
requirement is that the people must first bidder. Manila Prince Hotel questioned the
see the full text of the proposed constitutionality of the bid of Renong Berhad,
amendments before they sign to signify invoking Article XII, Section 10 of the 1987
their assent, and that the people must Constitution, adding that Manila Hotel has
sign on an initiative petition that been identified with the Filipino nation and
contains the full text of the proposed has practically become a historical monument
amendments. which reflects the vibrancy of Philippine
heritage and culture. It is a proud legacy of an
E. Self-executing and non-executing earlier generation of Filipinos who believed in
provisions the nobility and sacredness of independence
and its power and capacity to release the full
potential of the Filipino people. To all intents
Self-executing Non self-executing
and purposes, it has become a part of the
provisions provisions national patrimony.
Those which can be Those which
implemented require certain Issue:
without need of a legislations from Whether or not the bid is constitutional.
legislation from Congress.
Congress Held:
No.
F. Supremacy of the Constitution A constitution is a system of fundamental
laws for the governance and administration of
a nation. It is supreme, imperious, absolute
The Constitution is the basic and and unalterable except by the authority from
paramount law to which all other laws which it emanates. It has been defined as the
must conform and to which all persons, fundamental and paramount law of the
including the highest officials of the land, nation.It prescribes the permanent framework
must defer. No act shall be valid, however of a system of government, assigns to the
noble its intentions, if it conflicts with the different departments their respective powers
Constitution. The Constitution must ever and duties, and establishes certain fixed
remain supreme. All must bow to the principles on which government is founded.
mandate of this law. Expediency must not The fundamental conception in other words is

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that it is a supreme law to which all otherlaws Adhering to the doctrine of constitutional
must conform and in accordance with which supremacy, the subject constitutional
all private rights must be determined and all provision is, as it should be, impliedly written
public authority administered. Under the in the bidding rules issued by respondent
doctrine of constitutional supremacy, if a law GSIS, lest the bidding rules be nullified for
or contract violates any norm of the being violative of the Constitution. It is a basic
constitution that law or contract whether principle in constitutional law that all laws
promulgated by the legislative or by the and contracts must conform with the
executive branch or entered into by private fundamental law of the land. Those which
persons for private purposes is null and void violate the Constitution lose their reason for
and without any force and effect. Thus, since being.
the Constitution is the fundamental,
paramountand supreme law of the nation, it is In the instant case, where a foreign firm
deemed written in everystatute and contract. submits the highest bid in a public bidding
concerning the grant of rights, privileges and
When the Constitution addresses the State it concessions covering the national economy
refers not only to the people but also to the and patrimony, thereby exceeding the bid of a
government as elements of the State. After all, Filipino, there is no question that the Filipino
government is composed of three (3) divisions will have to be allowed to match the bid of the
of power—legislative, executive and judicial. foreign entity. And if the Filipino matches the
Accordingly, a constitutional mandate bid of a foreign firm the award should go to
directed to the State is correspondingly the Filipino. lt must be so if we are to give life
directed to the three (3) branches of and meaning to the Filipino First Policy
government. It is undeniable that in this case provision of the 1987 Constitution. For, while
the subject constitutional injunction is this may neither be expressly stated nor
addressed among others to the Executive contemplated in the bidding rules, the
Department and respondent GSIS, a constitutional fiat is omnipresent to be simply
government instrumentality deriving its disregarded. To ignore it would be to sanction
authority from the State. a perilous skirting of the basic law.

It should be stressed that while the Malaysian G. Rules on interpretation of the

firm offered the higher bid it is not yet the Constitution
winning bidder. The bidding rules expressly
provide that the highest bidder shall only be
Verba legis The words used in the
declared the winning bidder after it has
negotiated and executed the necessary Constitution must be given
contracts, and secured the requisite approvals. their ordinary meaning
Since the Filipino First Policy provision of the except when technical
Constitution bestows preference on qualified terms are used
Filipinos the mere tending of the highest bid Ratio legis The words of the
is not an assurance that the highest bidder est anima Constitution should be
will be declared the winning bidder. interpreted in accordance
with the intent of its
Resultantly, respondents are not bound to
framers.
make the award yet, nor are they under
obligation to enter into one with the highest Ut magis The Constitution is to be
bidder. For in choosing the awardee valeat interpreted as a whole.
respondents are mandated to abide by the quam
dictates of the 1987 Constitution the pereat
provisions of which are presumed to be known
to all the bidders and other interested parties. (Agpalo, Statutory Construction, 2009
edition, pp. 624-625)

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IV. GENERAL CONSIDERATIONS account or claim involved in the case

needs reference to other persons or
A. State Immunity offices, or to a party interested, the
period shall be counted from the time
1. Basis: Article XVI, Section 3 of the the last comment necessary to a
Constitution proper decision is received by it.

Section 3. The State may not be sued Section 50. Appeal from decisions of the
without its consent. Commission. The party aggrieved by
any decision, order or ruling of the
2. When is a suit against the State? Commission may within thirty days from
his receipt of a copy thereof appeal on
Indiscriminate suits against the State will certiorari to the Supreme Court in the
result in the impairment of its dignity, manner provided by law and the Rules of
besides being a challenge to its supposed Court. When the decision, order, or ruling
infallibility. To Justice Holmes, however, adversely affects the interest of any
the doctrine of non-suability is based not government agency, the appeal may be
on “any formal conception or obsolete taken by the proper head of that
theory but on the logical and practical agency.
ground that there can be no legal right
against the authority which makes the University of the Philippines v. Dizon
law on which the right depends. (Cruz, G. R. No. 171182, 23 August 2012
Philippine Political Law, 2014 edition, p. 679 SCRA 54
48)
Facts:
The University of the Philippines (UP)
3. Express consent entered into a general construction agreement
with Stern Builders Corporation for the
a. Money claims arising from contract construction of the extension building and the
renovation of the College of Arts and Sciences
- Act 3083 Building in UP Los Baños. During the
implement-tation of the agreement, Stern
Section 1. Subject to the provisions of this Builders submitted 3 billings, in which UP
Act, the Government of the Philippine only submitted 2 of them. Stern Builders
Islands(now Republic of the Philippines) demanded UP to pay the third billing but the
latter failed to do so. Stern Builders filed an
hereby consents and submits to be
action against UP, in which the trial court
sued upon any moneyed claim ruled in favor of the former, ordering the
involving liability arising from garnishment of public funds belonging to UP
contract, express or implied, which could as payment to Stern Builders, which was
serve as a basis of civil action between affirmed by the CA.
private parties.
Issue:
- CA 327, as amended by PD 1445 Whether or not the funds belonging to UP can
be garnished.
Section 49. Period for rendering decisions
Held:
of the Commission. The Commission shall
No.
decide any case brought before it Irrefragably, the UP is a government
within sixty days from the date of its instrumentality, performing the State’s
submission for resolution. If the constitutional mandate of promoting quality

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and accessible education. As a government “there (were) already an appropriations (sic)

instrumentality, the UP administers special earmarked for the said project.” The CA and
funds sourced from the fees and income the RTC thereby unjustifiably ignored the
enumerated under Act No. 1870 and Section 1 legal restriction imposed on the trust funds of
of Executive Order No. 714, and from the the Government and its agencies and
yearly appropriations, to achieve the purposes instrumentalities to be used exclusively to
laid down by Section 2 of Act 1870, as fulfill the purposes for which the trusts were
expanded in Republic Act No. 9500. All the created or for which the funds were received
funds going into the possession of the UP, except upon express authori-zation by
including any interest accruing from the Congress or by the head of a government
deposit of such funds in any banking agency in control of the funds, and subject to
institution, constitute a “special trust fund,” pertinent budgetary laws, rules and
the disbursement of which should always be regulations.
aligned with the UP’s mission and purpose,
and should always be subject to auditing by Indeed, an appropriation by Congress was
the COA. required before the judgment that rendered
the UP liable for moral and actual damages
Presidential Decree No. 1445 defines a “trust (including attorney’s fees) would be satisfied
fund” as a fund that officially comes in the considering that such monetary liabilities
possession of an agency of the government or were not covered by the “appropriations
of a public officer as trustee, agent or earmarked for the said project.” The
administrator, or that is received for the Constitution strictly mandated that “(n)o
fulfillment of some obligation. A trust fund money shall be paid out of the Treasury except
may be utilized only for the “specific purpose in pursuance of an appropriation made by
for which the trust was created or the funds law.”
received.”
b. Torts committed by special agents
The funds of the UP are government funds
that are public in character. They include the - NCC, Article 2180
income accruing from the use of real property
ceded to the UP that may be spent only for the
attainment of its institutional objectives.
Article 2180. The obligation imposed by
Hence, the funds subject of this action could Article 2176 is demandable not only for
not be validly made the subject of the RTC’s one's own acts or omissions, but also for
writ of execution or garnishment. The adverse those of persons for whom one is
judgment rendered against the UP in a suit to responsible.
which it had impliedly consented was not
immediately enforceable by execution against The father and, in case of his death or
the UP, because suability of the State did not incapacity, the mother, are responsible for
necessarily mean its liability. the damages caused by the minor children
who live in their company.
The UP correctly submits here that the
garnishment of its funds to satisfy the
judgment awards of actual and moral Guardians are liable for damages caused
damages (including attorney’s fees) was not by the minors or incapacitated persons
validly made if there was no special who are under their authority and live in
appropriation by Congress to cover the their company.
liability. It was, therefore, legally
unwarranted for the CA to agree with the The owners and managers of an
RTC’s holding in the order issued on April 1, establishment or enterprise are likewise
2003 that no appropriation by Congress to responsible for damages caused by their
allocate and set aside the payment of the
employees in the service of the branches
judgment awards was necessary because

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24
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in which the latter are employed or on the simple rule is that it is suable if its
occasion of their functions. charter says so, and this is true regardless
of the functions it is performing. (Cruz,
Employers shall be liable for the damages Philippine Political Law, 2014 edition, pp.
caused by their employees and household 70-71)
helpers acting within the scope of their
assigned tasks, even though the former 4. Implied Consent
are not engaged in any business or
industry. a. Government submits itself to court’s
jurisdiction
The State is responsible in like manner
when it acts through a special agent; The State itself files a complaint.
but not when the damage has been
caused by the official to whom the Republic v. Sandiganbayan
task done properly pertains, in which G. R. No. 85284, 28 February 1990
case what is provided in Article 2176 shall 182 SCRA 911
be applicable.
Facts:
During the pendency of the case filed by the
Lastly, teachers or heads of establish- Republic of the Philippines through the
ments of arts and trades shall be liable for Presidential Commission on Good Governance
damages caused by their pupils and (PCGG) against former President Ferdinand
students or apprentices, so long as they Marcos for reconveyance, reversion,
remain in their custody. accounting, restitution and damages,
Simplicio Palanca, one of the stockholders of
The responsibility treated of in this article Bacolod Real Estate Development Corporation
shall cease when the persons herein (BREDCO), moved to intervene with the
mentioned prove that they observed all proceedings because they have interest in the
lots owned by BREDCO and the shares of
the diligence of a good father of a family
stocks owned by BREDCO. Sandiganbayan
to prevent damage. (1903a) granted the intervention.

c. Incorporated Government Agencies Issue:

(Note: Unincorporated government Whether or not the intervention is a suit
agencies exercising proprietary functions against the Republic.
may be sued)
Held:
An incorporated agency has a charter of No.
its own that invests it with a separate The petitioner’s contention that the State
cannot be sued without its consent and that
juridical personality, like the Social
private respondents’ action for intervention is,
Security System, the University of the in legal effect, a suit or counter suit against
Philippines, and the City of Manila. By the sovereign is also untenable.
contrast, the unincorporated agency is so
called because it has no separate juridical The Rules of Court provide that the
personality but is merged in the general intervention shall be made by complaint filed
machinery of the government, like the and served in regular form, and may be
Department of Justice, the Bureau of answered as if it where an original complaint;
Mines and the National Printing Office. but where the intervenor unites with the
defendant in resisting the claims of the
plaintiff, the intervention may be made in the
If the agency is incorporated, the test of
form of an answer to the complaint. In order
its suability is found in its charter. The

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words, a third person who makes himself a limitations provided in this Code and
party to an existing litigation, may either join other laws.
the plaintiff in claiming what is sought in the
complaint, by filing a complaint in (b) Local government units may continue
intervention, or by uniting with the defendant
using, modify, or change their existing
in resisting the claims of the plaintiff, by filing
an answer in intervention.
corporate seals: Provided, That newly
established local government units or
In the present case, the private respondents those without corporate seals may create
intervened in Civil Case No. 0025 merely to their own corporate seals which shall be
unite with the defendants therein in resisting registered with the Department of the
the claims of petitioner, as plaintiff, and for Interior and Local Government: Provided,
that reason asked for no affirmative relief further, That any change of corporate seal
against any party in their answer in shall also be registered as provided
intervention. In other words, this is not a case hereon.
where the private respondents take the
initiative in an action against petitioner by
filing a complaint in intervention or a
(c) Unless otherwise provided in this
complaint. Code, no contract may be entered into by
the local chief executive in behalf of the
b. Government entering into business local government unit without prior
contracts authorization by the sanggunian
concerned. A legible copy of such contract
c. When inequitable for government to shall be posted at a conspicuous place in
claim immunity the provincial capitol or the city,
municipal or barangay hall.
5. Suits against municipal corporations
(d) Local government units shall enjoy full
- RA 7160, Sections 22 & 24 autonomy in the exercise of their
proprietary functions and in the
Section 22. Corporate Powers. - limitations provided in this Code and
other applicable laws,
(a) Every local government unit, as a
corporation, shall have the following Section 24. Liability for Damages. - Local
powers: government units and their officials
are not exempt from liability for death
(1) To have continuous succession in its or injury to persons or damage to
corporate name; property.

(2) To sue and be sued; 6. Suits against foreign states

(3) To have and use a corporate seal; Vienna Convention on Diplomatic

Relations
(4) To acquire and convey real or personal
property; Article 31

(5) To enter into contracts; and 1. A diplomatic agent shall enjoy

immunity from the criminal
(6) To exercise such other powers as are jurisdiction of the receiving State. He
granted to corporations, subject to the shall also enjoy immunity from its

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civil and administrative jurisdiction, 37 shall preclude him from invoking

except in the case of: immunity from jurisdiction in respect of
any counterclaim directly connected with
(a) A real action relating to private the principal claim.
immovable property situated in the
territory of the receiving State, unless he 4. Waiver of immunity from jurisdiction in
holds it on behalf of the sending State for respect of civil or administrative
the purposes of the mission; proceedings shall not be held to imply
waiver of immunity in respect of the
(b) An action relating to succession in execution of the judgement, for which a
which the diplomatic agent is involved as separate waiver shall be necessary.
executor, administrator, heir or legatee as
a private person and not on behalf of the Arigo v. Swift
sending State; G. R. No. 206510, 16 September 2014
735 SCRA 102
(c) An action relating to any professional
Facts:
or commercial activity exercised by the
In 2013, the USS Guardian of the US Navy
diplomatic agent in the receiving State ran aground on an area near the Tubbataha
outside his official functions. Reefs, a marine habitat of which entry and
certain human activities are prevented and
2. A diplomatic agent is not obliged to give afforded protection by a Philippine law. This
evidence as a witness. incident led to the filing of a petition for
issuance of Writ of Kalikasan with temporary
3. No measures of execution may be taken protection order from the Supreme Court,
in respect of a diplomatic agent except in impleading the commanding officers of the US
the cases coming under subparagraphs Navy, because there was a waiver of
immunity from suit between US and the
(a), (b) and (c) of paragraph 1 of this
Philippines pursuant to the Visiting Forces
article, and provided that the measures Agreement (VFA) terms, claiming that the
concerned can be taken without infringing grounding, salvaging and post-salvaging
the inviolability of his person or of his operations of the USS Guardian violated their
residence. constitutional rights to a balanced and
healthful ecology since these events caused
4. The immunity of a diplomatic agent and continue to cause environmental damage
from the jurisdiction of the receiving State of such magnitude as to affect other provinces
does not exempt him from the jurisdiction surrounding the Tubbataha Reefs.
of the sending State.
Issue:
Whether or not the US Navy officials can be
Article 32 sued.

1. The immunity from jurisdiction of Held:

diplomatic agents and of persons enjoying No.
immunity under article 37 may be The immunity of the State from suit, known
waived by the sending State. also as the doctrine of sovereign immunity or
non-suability of the State, is expressly
2. Waiver must always be express. provided in Article XVI of the 1987
Constitution which states:
3. The initiation of proceedings by a
Section 3. The State may not be sued without
diplomatic agent or by a person enjoying its consent.
immunity from jurisdiction under article

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the same, such as the appropriation of the

In United States of America v. Judge Guinto, amount needed to pay the damages awarded
we discussed the principle of state immunity against them, the suit must be regarded as
from suit, as follows: against the state itself although it has not
been formally impleaded. [Garcia v. Chief of
The rule that a state may not be sued without Staff, 16 SCRA 120.] In such a situation, the
its consent, now expressed in Article XVI, state may move to dismiss the complaint on
Section 3, of the 1987 Constitution, is one of the ground that it has been filed without its
the generally accepted principles of consent. (Emphasis supplied)
international law that we have adopted as
part of the law of our land under Article II, The implication, in broad terms, is that if the
Section 2. x x x. judgment against an official would require the
state itself to perform an affirmative act to
Even without such affirmation, we would still satisfy the award, such as the appropriation of
be bound by the generally accepted principles the amount needed to pay the damages
of international law under the doctrine of decreed against him, the suit must be
incorporation. Under this doctrine, as regarded as being against the state itself,
accepted by the majority of states, such although it has not been formally impleaded.
principles are deemed incorporated in the law (Emphasis supplied)
of every civilized state as a condition and
consequence of its membership in the society In the same case we also mentioned that in
of nations. Upon its admission to such society, the case of diplomatic immunity, the privilege
the state is automatically obligated to comply is not an immunity from the observance of the
with these principles in its relations with law of the territorial sovereign or from
other states. ensuing legal liability; it is, rather, an
immunity from the exercise of territorial
As applied to the local state, the doctrine of jurisdiction.
state immunity is based on the justification
given by Justice Holmes that “there can be no In this case, the US respondents were sued in
legal right against the authority which makes their official capacity as commanding officers
the law on which the right depends.” of the US Navy who had control and
[Kawanakoa v. Polybank, 205 U.S. 349] There supervision over the USS Guardian and its
are other practical reasons for the crew. The alleged act or omission resulting in
enforcement of the doctrine. In the case of the unfortunate grounding of the USS
the foreign state sought to be impleaded Guardian on the TRNP was committed while
in the local jurisdiction, the added inhi- they were performing official military duties.
bition isexpressed in the maxim par in Considering that the satisfaction of a
parem, non habet imperium. All states judgment against said officials will require
are sovereign equals and cannot assert remedial actions and appropriation of funds
jurisdiction over one another. A contrary by the US government, the suit is deemed to
disposition would, in the language of a be one against the US itself. The principle of
celebrated case, “unduly vex the peace of State immunity therefore bars the exercise of
nations.” [De Haber v. Queen of Portugal, 17 jurisdiction by this Court over the persons of
Q. B. 171] respondents Swift, Rice and Robling.

While the doctrine appears to prohibit only Minucher v. Court of Appeals

suits against the state without its consent, it G. R. No. 142396, 11 February 2003
is also applicable to complaints filed against 397 SCRA 244
officials of the state for acts allegedly
performed by them in the discharge of their Facts:
duties. The rule is that if the judgment Khosrow Minucher, an Iranian national and
against such officials will require the state his companion were arrested by the
itself to perform an affirmative act to satisfy authorities at the house of the former after a

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buy-bust operation were conducted by the said Diplomatic missions are requested to provide
authorities, coming from the police narcotic the most accurate and descriptive job title to
agents. Minucher also filed a case against that which currently applies to the duties
Arthur Scalzo, an American citizen working performed. The Office of the Protocol would
for the government of the United States, for then assign each individual to the appropriate
damages. Scalzo objected to the filing, being functional category.
not a resident of the Philippines and the being
in personam, it was beyond the processes of But while the diplomatic immunity of Scalzo
the court. The trial court ruled in favor of might thus remain contentious, it was
Minucher, but later reversed by the CA, ruling sufficiently established that, indeed, he
that Scalzo has a diplomatic immunity. worked for the United States Drug
Enforcement Agency and was tasked to
Issue: conduct surveillance of suspected drug
Whether or not Scalzo is diplomatically activities within the country on the dates
immune, thus cannot be sued. pertinent to this case. If it should be
ascertained that Arthur Scalzo was acting
Held: well within his assigned functions when he
Yes. committed the acts alleged in the complaint,
Concededly, vesting a person with diplomatic the present controversy could then be resolved
immunity is a prerogative of the executive under the related doctrine of State Immunity
branch of the government. In World Health from Suit.
Organization vs. Aquino the Court has
recognized that, in such matters, the hands of The precept that a State cannot be sued in the
the courts are virtually tied. Amidst courts of a foreign state is a long-standing rule
apprehensions of indiscriminate and of customaryinternational law then closely
incautious grant of immunity, designed to identified with the personalimmunity of a
gain exemption from the jurisdiction of courts, foreign sovereignfrom suit and, with the
it should behoove the Philippine government, emergence of democratic states,made to attach
specifically its Department of Foreign Affairs, not just to the person of the head of state, or
to be most circumspect, that should his representative, but also distinctly to the
particularly be no less than compelling, in its state itself in its sovereign capacity. If the acts
post litem motam issuances. It might be giving rise to a suit are those of a foreign
recalled that the privilege is not an immunity government done by its foreign agent,
from the observance of the law of the although not necessarily a diplomatic
territorial sovereign or from ensuing legal personage, but acting in his official capacity,
liability; it is, rather, an immunity from the the complaint could be barred by the
exercise of territorial jurisdiction. The immunity of the foreign sovereign from suit
government of the United States itself, which without its consent. Suing a representative of
Scalzo claims to be acting for, has formulated a state is believed to be, in effect, suing the
its standards for recognition of a diplomatic state itself. The proscription is not accorded
agent. The State Department policy is to only for the benefit of an individual but for the
concede diplomatic status to a person who State, in whose service he is, under the
possesses an acknowledged diplomatic title maxim—par in parem, non habet imperium—
and “performs duties of diplomatic nature.” that all states are sovereign equals and cannot
Supplementary criteria for accreditation are assert jurisdiction over one another. The
the possession of a valid diplomatic passport implication, in broad terms, is that if the
or, from States which do not issue such judgment against an official would require the
passports, a diplomatic note formally state itself to perform an affirmative act to
representing the intention to assign the satisfy the award, such as the appropriation of
person to diplomatic duties, the holding of a the amount needed to pay the damages
non-immigrant visa, being over twenty-one decreed against him, the suit must be
years of age, and performing diplomatic regarded as being against the state itself,
functions on an essentially full-time basis. although it has not been formally impleaded.

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All told, this Court is constrained to rule that

A foreign agent, operating within a territory, respondent Arthur Scalzo, an agent of the
can be cloaked with immunity from suit but United States Drug Enforcement Agency
only as long as it can be established that he is allowed by the Philippine government to
acting within the directives of the sending conduct activities in the country to help
state. The consent of the host state is an contain the problem on the drug traffic, is
indispensable requirement of basic courtesy entitled to the defense of state immunity from
between the two sovereigns. Guinto and Shauf suit.
both involve officers and personnel of the
United States, stationed within Philippine Republic of Indonesia v. Vinzon
territory, under the RP-US Military Bases G. R. No. 154705, 26 June 2003
Agreement. 405 SCRA 126

While evidence is wanting to show any similar Facts:

agreement between the governments of the Republic of Indonesia, represented by its
Philippines and of the United States (for the counsellor, entered into a maintenance
latter to send its agents and to conduct agreement with James Vinzon of Vinzon
surveillance and related activities of suspected Trade and Services for maintenance of air
drug dealers in the Philippines), the consent conditioning units and other utilities and
or imprimatur of the Philippine government to equipment at the Indonesian Embassy, which
the activities of the United States Drug will be done in 4 years unless cancelled during
Enforcement Agency, however, can be gleaned the said period. When the new chief
from the facts heretofore elsewhere administrator assumed office, he was
mentioned. The official exchanges of unsatisfied with the work done by Vinzon, in
communication between agencies of the which the agreement was terminated. Vinzon
government of the two countries, certifications felt that the termination was arbitrary and
from officials of both the Philippine unlawful, in which he filed an action against
Department of Foreign Affairs and the United Indonesia in the RTC. The said court ruled in
States Embassy, as well as the participation of favor of Vinzon, in which the CA affirmed the
members of the Philippine Narcotics prior ruling, that Indonesia waived its
Command in the “buy-bust operation” immunity under one provision of the
conducted at the residence of Minucher at the agreement that any legal action arising from
behest of Scalzo, may be inadequate to the same shall be settled under Philippine
support the “diplomatic status” of the latter laws and by the proper court of Makati City.
but they give enough indication that the
Philippine government has given its Issue:
imprimatur, if not consent, to the activities Whether or not Indonesia is immune from
within Philippine territory of agent Scalzo of suit.
the United States Drug Enforcement Agency.
The job description of Scalzo has tasked him Held:
to conduct surveillance on suspected drug Yes.
suppliers and, after having ascertained the International law is founded largely upon the
target, to inform local law enforcers who principles of reciprocity, comity,
would then be expected to make the arrest. In independence, and equality of States which
conducting surveillance activities on were adopted as part of the law of our land
Minucher, later acting as the poseur-buyer under Article II, Section 2 of the 1987
during the buy-bust operation, and then Constitution. The rule that a State may not be
becoming a principal witness in the criminal sued without its consent is a necessary
case against Minucher, Scalzo hardly can be consequence of the principles of independence
said to have acted beyond the scope of his and equality of States. As enunciated in
official function or duties. Sanders v. Veridiano II, the practical
justification for the doctrine of sovereign
immunity is that there can be no legal right

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30
POLITICAL LAW REVIEW
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against the authority that makes the law on to the laws of the Philippines and by a
which the right depends. In the case of foreign specified court of the Philippines is not
States, the rule is derived from the principle necessarily a waiver of sovereign immunity
of the sovereign equality of States, as from suit. The aforesaid provision contains
expressed in the maxim par in parem non language not necessarily inconsistent with
habet imperium. All states are sovereign sovereign immunity. On the other hand, such
equals and cannot assert jurisdiction over one provision may also be meant to apply where
another. A contrary attitude would “unduly the sovereign party elects to sue in the local
vex the peace of nations.” courts, or otherwise waives its immunity by
any subsequent act. The applicability of
The rules of International Law, however, are Philippine laws must be deemed to include
neither unyielding nor impervious to change. Philippine laws in its totality, including the
The increasing need of sovereign States to principle recognizing sovereign immunity.
enter into purely commercial activities Hence, the proper court may have no proper
remotely connected with the discharge of their action, by way of settling the case, except to
governmental functions brought about a new dismiss it.
concept of sovereign immunity. This concept,
the restrictive theory, holds that the Submission by a foreign state to local
immunity of the sovereign is recognized only jurisdiction must be clear and unequivocal. It
with regard to public acts or acts jure imperii, must be given explicitly or by necessary
but not with regard to private acts or acts jure implication. We find no such waiver in this
gestionis. case.

In United States v. Ruiz, for instance, we held Respondent concedes that the establishment
that the conduct of public bidding for the of a diplomatic mission is a sovereign function.
repair of a wharf at a United States Naval On the other hand, he argues that the actual
Station is an act jure imperii. On the other physical maintenance of the premises of the
hand, we considered as an act jure gestionis diplomatic mission, such as the upkeep of its
the hiring of a cook in the recreation center furnishings and equipment, is no longer a
catering to American servicemen and the sovereign function of the State.
general public at the John Hay Air Station in
Baguio City, as well as the bidding for the We disagree. There is no dispute that the
operation of barber shops in Clark Air Base in establishment of a diplomatic mission is an
Angeles City. act jure imperii. A sovereign State does not
merely establish a diplomatic mission and
Apropos the present case, the mere entering leave it at that; the establishment of a
into a contract by a foreign State with a diplomatic mission encompasses its
private party cannot be construed as the maintenance and upkeep. Hence, the State
ultimate test of whether or not it is an act jure may enter into contracts with private entities
imperii or jure gestionis. Such act is only the to maintain the premises, furnishings and
start of the inquiry. Is the foreign State equipment of the embassy and the living
engaged in the regular conduct of a business? quarters of its agents and officials. It is
If the foreign State is not engaged regularly in therefore clear that petitioner Republic of
a business or commercial activity, and in this Indonesia was acting in pursuit of a sovereign
case it has not been shown to be so engaged, activity when it entered into a contract with
the particular act or transaction must then be respondent for the upkeep or maintenance of
tested by its nature. If the act is in pursuit of the air conditioning units, generator sets,
a sovereign activity, or an incident thereof, electrical facilities, water heaters, and water
then it is an act jure imperii. motor pumps of the Indonesian Embassy and
the official residence of the Indonesian
Hence, the existence alone of a paragraph in a ambassador.
contract stating that any legal action arising
out of the agreement shall be settled according 7. Suits Against International Agencies

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it does, the suit is one against the State

Convention on the Privileges and and its inclusion as party defendant is
Immunities of Specialized Agencies of the necessary. If, on the other hand, the
United Nations officer impleaded may by himself alone
comply with the decision of the court
Section 18. Officials of the United Nations without the necessity of involving the
shall: State, then, the suit can prosper against
him and will not be considered a claim
(a) Be immune from legal process in against the State.
respect of words spoken or written and all
acts performed by them in their official It is understood, of course, that where a
capacity; public officer acts without or in excess of
jurisdiction, any injury caused by him is
(b) Be exempt from taxation on the his own personal liability and cannot be
salaries and emoluments paid to them by imputed to the State. (Cruz, Philippine
the United Nations; Political Law, 2014 edition, pp. 56-57)

(c) Be immune from national service B. Delegation of powers

obligations;
1. Rule, Maxim
(d) Be immune, together with their
spouses and relatives dependent on them, The rule is potestas delegate non delegari
from immigration restrictions and alien potest – what has been delegated cannot
registration; be delegated.

(e) Be accorded the same privileges in It is based upon the ethical principle that
respect of exchange facilities as are such delegated power constitutes not only
accorded to the officials of comparable a right but a duty to be performed by the
ranks forming part of diplomatic missions delegate through the instrumentality of
to the Government concerned; his own judgment and not through the
intervening mind of another. (Cruz,
(f) Be given, together with their spouses Philippine Political Law, 2014 edition, p.
and relatives dependent on them, the, 160, citing various Supreme Court
same repatriation facilities in time of decisions)
international crisis as diplomatic envoys;
2. Exceptions
(g) Have the right to import free of duty
their furniture and effects at the time of a. By direct constitutional grant
first taking up their post in the' country in
question. - Tariff powers to the President (Article
VI, Section 28 [2])
8. Suits against public officers; exceptions
Section 28. (1) xxx
The test is whether, assuming the
decision is rendered against the public (2) The Congress may, by law,
officer impleaded, enforcement thereof authorize the President to fix within
will require an affirmative act from the specified limits, and subject to such
State, such as the appropriation of the limitations and restrictions as it may
needed amount to satisfy the judgment. If

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32
POLITICAL LAW REVIEW
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impose, tariff rates, import and export privileged. Such rules shall provide a
quotas, tonnage and wharfage dues, simplified and inexpensive procedure for
and other duties or imposts within the the speedy disposition of cases, shall be
framework of the national development uniform for all courts of the same grade,
program of the Government. and shall not diminish, increase, or
modify substantive rights. Rules of
- Emergency powers to the President procedure of special courts and quasi-
(Article VI, Section 23 [2]) judicial bodies shall remain effective
unless disapproved by the Supreme
Section 23. (1) xxx Court.

(2) In times of war or other national - Delegation to local government units

emergency, the Congress may, by law, (Article X, Section 5)
authorize the President, for a limited
period and subject to such restrictions as Section 5. Each local government unit
it may prescribe, to exercise powers shall have the power to create its own
necessary and proper to carry out a sources of revenues and to levy taxes,
declared national policy. Unless sooner fees and charges subject to such
withdrawn by resolution of the Congress, guidelines and limitations as the
such powers shall cease upon the next Congress may provide, consistent with
adjournment thereof. the basic policy of local autonomy. Such
taxes, fees, and charges shall accrue
(Article XII, Section 17) exclusively to the local governments.

Section 17. In times of national - Rule making powers of the

emergency, when the public interest Constitutional Commissions (Article IX-A,
so requires, the State may, during the Section 6)
emergency and under reasonable terms
prescribed by it, temporarily take over Section 6. Each Commission en banc
or direct the operation of any may promulgate its own rules
privately-owned public utility or concerning pleadings and practice before
business affected with public it or before any of its offices. Such rules,
interest. however, shall not diminish, increase, or
modify substantive rights.
- Rule making power to the Supreme
Court(Article VIII, Section 5 [5]) (Article IX-C, Section 3)

Section 5. The Supreme Court shall have Section 3. The Commission on Elections
the following powers: may sit en banc or in two divisions, and
shall promulgate its rules of
(1) xxx procedure in order to expedite
disposition of election cases, including
(5) Promulgate rules concerning the pre- proclamation controversies. All such
protection and enforcement of election cases shall be heard and decided
constitutional rights, pleading, practice, in division, provided that motions for
and procedure in all courts, the admission reconsideration of decisions shall be
to the practice of law, the integrated bar, decided by the Commission en banc.
and legal assistance to the under-

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POLITICAL LAW REVIEW
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(Article IX-D, Section 2 [2]) Napocor were dismissed from their

employment and entitled to separation
Section 2. (1) xxx benefits. The law questioned for violating the
principle of delegation of powers due to the
issuance of resolutions being illegal. Napocor
(2) The Commission shall have exclusive
upheld the validity of the resolutions.
authority, subject to the limitations in
this Article, to define the scope of its audit Issue:
and examination, establish the techniques Whether or not the issuance of resolutions of
and methods required therefor, and Napocor to restructure its office constitutes
promulgate accounting and auditing undue delegation of powers.
rules and regulations, including those
for the prevention and disallowance of Held:
irregular, unnecessary, excessive, Yes.
extravagant, or unconscionable expen- In enumerating under Section 48 those who
shall compose the National Power Board of
ditures or uses of government funds and
Directors, the legislature has vested upon
properties. these persons the power to exercise their
judgment and discretion in running the affairs
- Delegation to Commission on Human of the NPC. Discretion may be defined as “the
Rights (Article XIII, Section 18) act or the liberty to decide according to the
principles of justice and one’s ideas of what is
Section 18. The Commission on Human right and proper under the circumstances,
Rights shall have the following powers without willfulness or favor. Discretion, when
and functions: applied to public functionaries, means a power
or right conferred upon them by law of acting
officially in certain circumstances, according
(1) xxx
to the dictates of their own judgment and
conscience, uncontrolled by the judgment or
(2) Adopt its operational guidelines conscience of others. It is to be presumed that
and rules of procedure, and cite for in naming the respective department heads as
contempt for violations thereof in members of the board of directors, the
accordance with the Rules of Court; legislature chose these secretaries of the
various executive departments on the basis of
b. By legislative grant their personal qualifications and acumen
which made them eligible to occupy their
- Delegation to administrative bodies present positions as department heads. Thus,
the department secretaries cannot delegate
(rule-making power)
their duties as members of the NPB, much
less their power to vote and approve board
NPC Drivers and Mechanics Association resolutions, because it is their personal
(NPC-DAMA) v. National Power judgment that must be exercised in the
Corporation fulfillment of such responsibility.
G. R. No. 156208, 26 September 2006
503 SCRA 138 There is no question that the enactment of the
assailed Resolutions involves the exercise of
Facts: discretion and not merely a ministerial act
Republic Act No. 9136, otherwise known as that could be validly performed by a delegate,
the Electric Power Industry Reform Act of thus, the rule enunciated in the case of
2001 (EPIRA Law), restructuring the electric Binamira v. Garrucho is relevant in the
power industry and privatizing the assets and present controversy, to wit:
liabilities of the National Power Corporation
(Napocor). Due to the restructuring program
under the EPIRA Law, several employees of

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34
POLITICAL LAW REVIEW
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The digested cases will serve as guide for the topics. Reading the full text of the cases is encouragingly advised.

“An officer to whom a discretion is entrusted province, based on the decision of the
cannot delegate it to another, the presumption Commission on Elections (Comelec). Comelec
being that he was chosen because he was later on declared a status quo on the newly
deemed fit and competent to exercise that formed province as part of the province of
judgment and discretion, and unless the Maguindanao’s first legislative district. Bai
power to substitute another in his place has Sandra Sema, who ran as representative of
been given to him, he cannot delegate his Shariff Kabunsuan in the 2007 elections
duties to another. In those cases in which the questioned the ruling of Comelec, excluding
proper execution of the office requires, on the the votes canvassed from Cotabato City,
part of the officer, the exercise of judgment or contending that Shariff Kabunsuan is entitled
discretion, the presumption is that he was to one representative in Congress and the
chosen because he was deemed fit and Comelec usurped the power of Congress to
competent to exercise that judgment and create or reapportion legislative districts.
discretion, and, unless power to substitute Representative Didagen Dilangalen contended
another in his place has been given to him, he that the resolution of Comelec is
cannot delegate his duties to another.” constitutional because there was no
reapportionment of a legislative district but
Respondents’ assertion to the contrary is not only renaming the same.
tenable. The ruling in the case cited by
respondents to support their contention is not Issue:
applicable in the case at bar. While it is true Whether or not there is undue delegation of
that the Court has determined in the case of power in the case of creating a province from
American Tobacco Company v. Director of the regional assembly of ARMM.
Patents that a delegate may exercise his
authority through persons he appoints Held:
toassist him in his functions, it must be Yes.
stressed that the Court explicitly stated in the There is no provision in the Constitution that
same case that said practice is permissible conflicts with the delegation to regional
only when the judgment and discretion finally legislative bodies of the power to create
exercised are those of the officer authorized by municipalities and barangays, provided
law. According to the Court, the rule that Section 10, Article X of the Constitution is
requires an administrative officer to exercise followed. However, the creation of provinces
his own judgment and discretion does not and cities is another matter. Section 5 (3),
preclude him from utilizing, as a matter of Article VI of the Constitution provides, “Each
practical administrative procedure, the aid of city with a population of at least two hundred
subordinates, so long as it is the legally fifty thousand, or each province, shall have at
authorized official who makes the final least one representative” in the House of
decision through the use of his own personal Representatives. Similarly, Section 3 of the
judgment. Ordinance appended to the Constitution
provides, “Any province that may hereafter be
- Delegation to local government units created, or any city whose population may
(ordinances as subordinate legislation) hereafter increase to more than two hundred
fifty thousand shall be entitled in the
Sema v. Commission on Elections immediately following election to at least one
G. R. No. 177597, 16 July 2008 Member x x x.”
558 SCRA 700
Clearly, a province cannot be created without
Facts: a legislative district because it will violate
The Province of Shariff Kabunsuan was Section 5 (3), Article VI of the Constitution as
formed from the province of Maguindanao well as Section 3 of the Ordinance appended
through law, ratified by a plebiscite of the to the Constitution. For the same reason, a
voters of Maguindanao, which included city with a population of 250,000 or more
Cotabato City as part of the newly formed cannot also be created without a legislative

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POLITICAL LAW REVIEW
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district. Thus, the power to create a province, national law. Only Congress can enact such a
or a city with a population of 250,000 or more, law. It would be anomalous for regional or
requires also the power to create a legislative local legislative bodies to create or reapportion
district. Even the creation of a city with a legislative districts for a national legislature
population of less than 250,000 involves the like Congress. An inferior legislative body,
power to create a legislative district because created by a superior legislative body, cannot
once the city’s population reaches 250,000, the change the membership of the superior
city automatically becomes entitled to one legislative body.
representative under Section 5 (3), Article VI
of the Constitution and Section 3 of the The creation of the ARMM, and the grant of
Ordinance appended to the Constitution. legislative powers to its Regional Assembly
Thus, the power to create a province or city under its organic act, did not divest Congress
inherently involves the power to create a of its exclusive authority to create legislative
legislative district. districts. This is clear from the Constitution
and the ARMM Organic Act, as amended.
For Congress to delegate validly the power to Thus, Section 20, Article X of the Constitution
create a province or city, it must also validly provides:
delegate at the same time the power to create
a legislative district. The threshold issue then “SECTION 20. Within its territorial
is, can Congress validly delegate to the ARMM jurisdiction and subject to the provisions of
Regional Assembly the power to create this Constitution and national laws, the
legislative districts for the House of organic act of autonomous regions shall
Representatives? The answer is in the provide for legislative powers over:
negative.
(1) Administrative organization;
Section 5 (1), Article VI of the Constitution
vests in Congress the power to increase, (2) Creation of sources of revenues;
through a law, the allowable membership in
the House of Representatives. Section 5 (4) (3) Ancestral domain and natural resources;
empowers Congress to reapportion legislative
districts. The power to reapportion legislative (4) Personal, family, and property relations;
districts necessarily includes the power to
create legislative districts out of existing ones. (5) Regional urban and rural planning
Congress exercises these powers through a development;
law that Congress itself enacts, and not
through a law that regional or local legislative (6) Economic, social, and tourism
bodies enact. The allowable membership of the development;
House of Representatives can be increased,
and new legislative districts of Congress can (7) Educational policies;
be created, only through a national law passed
by Congress. In Montejo v. COMELEC, we (8) Preservation and development of the
held that the “power of redistricting x x x is cultural heritage; and
traditionally regarded as part of the power (of
Congress) to make laws,” and thus is vested (9) Such other matters as may be authorized
exclusively in Congress. by law for the promotion of the general
welfare of the people of the region.
This textual commitment to Congress of the
exclusive power to create or reapportion Nothing in Section 20, Article X of the
legislative districts is logical. Congress is a Constitution authorizes autonomous regions,
national legislature and any increase in its expressly or impliedly, to create or
allowable membership or in its incumbent reapportion legislative districts for Congress.
membership through the creation of
legislative districts must be embodied in a

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On the other hand, Section 3, Article IV of RA

9054 amending the ARMM Organic Act, SEC. 2. The Commission on Elections shall
provides, “The Regional Assembly may exercise the following powers and functions:
exercise legislative power x x x except on the
following matters: x x x (k) National elections. xxxx
x x x.” Since the ARMM Regional Assembly
has no legislative power to enact laws relating (2) Exercise exclusive original jurisdiction
to national elections, it cannot create a over all contests relating to the elections,
legislative district whose representative is returns, and qualifications of all elective
elected in national elections. Whenever regional, provincial, and city officials, and
Congress enacts a law creating a legislative appellate jurisdictionover all contests
district, the first representative is always involving elective municipal officials decided
elected in the “next national elections” from by trial courts of general jurisdiction, or
the effectivity of the law. involving elective barangay officials decided
by trial courts of limited jurisdiction.
Indeed, the office of a legislative district (Emphasis supplied)
representative to Congress is a national office,
and its occupant, a Member of the House of However, a province cannot legally be created
Representatives, is a national official. It would without a legislative district because the
be incongruous for a regional legislative body Constitution mandates that “each province
like the ARMM Regional Assembly to create a shall have at least one representative.” Thus,
national office when its legislative powers the creation of the Province of Shariff
extend only to its regional territory. The office Kabunsuan without a legislative district is
of a district representative is maintained by unconstitutional.
national funds and the salary of its occupant
is paid out of national funds. It is a self- - Police Power: Two Branches: Police
evident inherent limitation on the legislative Power Proper & General Welfare Clause
powers of every local or regional legislative
body that it can only create local or regional United States v. Salaveria
offices, respectively, and it can never create a G. R. No. 13678, 12 November 1918
national office. 39 Phil. 102
To allow the ARMM Regional Assembly to Facts:
create a national office is to allow its The municipal council of Orion, Bataan,
legislative powers to operate outside the enacted an ordinance prohibiting the game of
ARMM’s territorial jurisdiction. This violates panguingue on days not Sundays or legal
Section 20, Article X of the Constitution which holidays. Judge Prudencio Salaveria, the
expressly limits the coverage of the Regional justice of the peace of orion at the time of the
ssembly’s legislative powers “[w]ithin its enactment of the act, were caught by the
territorial jurisdiction x x x.” police, alongside his wife, playing panguingue
in his house. He was convicted by the justice
The ARMM Regional Assembly itself, in of the peace and affirmed by the Court of First
creating Shariff Kabunsuan, recognized the Instance.
exclusive nature of Congress’ power to create
or reapportion legislative districts by Issue:
abstaining from creating a legislative district Whether or not the ordinance is valid.
for Shariff Kabunsuan. Section 5 of MMA Act
201 provides that: Held:
Yes.
“Except as may be provided by national law, The Philippine Legislature has granted, to
the existing legislative district, which includes municipalities legislative powers of a dual
Cotabato City as a part thereof, shall remain.” character, one class mandatory and the other
(Emphasis supplied) discretionary. Of the first class is the

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provision of the Administrative Code which October 10, 1905; and September 7, 1911; also
makes it the duty of the municipal council, Berriz, Diccionario de la Administración, p.
conformably with law, "to prohibit and 35.)
penalize * * * gambling." (Sec. 2188 [j], Adm.
Code of 1916; sec. 2242 [?], Adm. Code of If, therefore, we were to restrict our
1917.) This is a more restricted power than investigation to those portions of the
that found in the original Municipal Code Administrative Code which authorize a
which authorized a municipal council to municipal council to prohibit and penalize
"provide against the evils of gambling, gambling, there would exist grave doubt, to
gambling houses, and disorderly houses of say the least, of the validity of ordinance No. 3
whatsoever sort." (Act No. 82, sec.v39 [u].) The of the municipality of Orion, Bataan. There
present municipal law, since making use of remains for consideration a different approach
the word "gambling," must be construed with to the question. While Philippine law gives to
reference to the Insular Law, Act No. 1757, gambling a restricted meaning, it is to be
relating to the same subject. Act No. 1757 in noted that, in its broader signification,
section 1 defines "gambling" as "the playing of gambling relates to play by certain rules at
any game for money or any representative of cards, dice, or other contrivance, so that one
value or valuable consideration or thing, the shall be the loser and the other the winner.
result of which game depends wholly or chiefly (20 Cyc., 878; Bouvier's Law Dictionary;
upon chance or hazard, or the useof any People vs. Todd [1889], 51 Hun [N. Y.], 446,
mechanical inventions or contrivance to 451; 4 N. Y. Supp., 25.) As one example, the
determine by chance the loser or winner of Charter of the town of Ruston, State of
money or of any representative of value or of Louisiana, authorized it "to restrain, prohibit,
any valuable consideration or thing." In the and suppress * * * games and gambling
United States vs. Hilario ([1913], 24 Phil., houses and rooms * * *, and to provide for the
392), the Supreme Court went into the subject punishment of the persons engaged in the
of the meaning of "gambling" in this same." Under this power the town passed an
jurisdiction, and found that it includes those ordinance prohibiting "all games of chance,
games the result of which depend wholly or lottery, banking games, raffling, and all other
chiefly upon chance or hazard, and excludes species of gambling," indicating that there
those games the result of which depend wholly were other species of gambling in addition to
or chiefly upon skill, with the result that games of chance. (See Town ofRuston vs.
sections 621 to 625 of the Revised Ordinances Perkins [1905], 114 La., 851.) The common
of the city of Manila (734-738 of the Revised law notion for gambling. which only made it
Ordinances of 1917) were found to prohibit an indictable offense when the play was
only games of chance or hazard. attended by such circumstances as would in
themselves amount to a riot or a nuisance or
The ordinance of Orion, Bataan, merely to an actual breach of the peace, has given
prohibits the playing of panguingue on certain way to statutes and ordinances designed to
days, without describing it. Further, although restrain, suppress, or control gambling.
this court has considered the method by which
many other games are played, it has never as Authority for the State or a municipality to
yet authoritatively decided whether take action to control gambling in this larger
panguingue was a game of skill or hazard. Nor sense can be found in an analysis of what is
was any evidence on this point introduced in called the police power. Any attempt to define
the present case. However, a reading of the the police power with circumstantial precision
decision of the trial court and of official would savor of pedantry. The United States
opinions of two Attorneys-General, of which Supreme Court tritely describes it as "the
we can take judicial cognizance, warrants the most essential of all powers, at times the most
deduction that panguingue is not a game of insistent, and always one of least limitable of
chance or hazard and is not prohibited by Act the powers of government." (District of
No. 1757. (See Opinions of the Attorney- Columbia vs. Brooks [1909], 214 U. S., 138.)
General of July 11, 1904; July 25, 1904; The police power is based on the maxim "salus

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populi est suprema lex"—the welfare of the preamble of the ordinance of Orion assigns as
people is the first law. The United States authority for its enactment. Said section 2184
Supreme Court has said that it extends "to the of the Administrative Code of 1916 (sec. 2238,
protection of the lives, health and property of Adm, Code of 1917) reads:
the citizens, and to the preservation of good
order and the public morals." (Beer Co. vs. "The municipal council shall enact such
Massachusetts [1878], 97 U. S., 25; Barbier vs. ordinances and make such regulations, not
Connolly [1885], 113 U. S., 27.) The Supreme repugnant to law, as may be necessary to
Court of these Islands has said that "the police carry into effect and discharge the powers and
power of the state includes not only the public duties conferred upon it by law and such as
health and safety, but also the public welfare, shall seem necessary and proper to provide for
protection against impositions, and generally the health and safety, promote the prosperity,
the public's best interest." (U. S. vs. Pompeya improve the morals, peace, good order,
[1915], 31 Phil., 245.) Recent judicial decisions comfort, and convenience of themunicipality
incline to give a more extensive scope to the and the inhabitants thereof, and for the
police power than the older cases. The public protection of property therein."
welfare is rightfully made the basis of
construction. This section, known as the general welfare
clause, delegates in statutory form the police
Not only does the State effectuate its purposes power to a municipality. As above stated, this
through the exercise of the police power but clause has been given wide application by
the municipality does also. Like the State, the municipal authorities and has in its relation
police power of a municipal corporation to the particular circumstances of the case
extends to all matters affecting the peace, been liberally construed by the courts. Such, it
order, health, morals, convenience, comfort, is well to recall, is the progressive view of
and safety of its citizens—the security of Philippine jurisprudence.
social order—the best and highest interests of
the municipality. (Case vs. Board of Health of The general welfare clause has two branches.
Manila and Heiser [1913], 24 Phil., 250.) The One branch attaches itself to the main trunk
best considered decisions have tended to of municipal authority, and relates to such
broaden the scope of action of the municipality ordinances and regulations as may be
in dealing with police offenses. Within the necessary to carry into effect and discharge
general police powers of a municipal the powers and duties conferred upon the
corporation is the suppression of gambling. municipal council by law. With this class we
Ordinances aimed in a reasonable way at the are not here directly concerned. The second
accomplishment of this purpose are branch of the clause is much more
undoubtedly valid. (See U. S. vs. Pacis [1915], independent of the specific functions of the
31 Phil., 524; 39 L. R. A., 523, Note; Cooley's council which are enumerated by law. It
Constitutional Limitations, 6th edition, pp. authorizes such ordinances "as shall seem
138, 226, 742; Greenville vs. Kemmis [1900], necessary and proper to provide for the health
58 S. C., 427 [holding that under the general and safety, promote the prosperity, improve
welfare clause a city may pass an ordinance the morals, peace, good order, comfort, and
prohibiting gambling in any private house].) convenience of the municipality and the
inhabitants thereof, and for the protection of
The Philippine Legislature, as before property therein."
intimated, delegated to municipalities certain
legislative powers of a discretionary nature. It is a general rule that ordinances passed by
Many of these powers are named specifically. virtue of the implied power found in the
But in addition, and preceding both the general welfare clause must be reasonable,
specific powers of a mandatory and consonant with the general powers and
discretionary character, is the general power purposes of the corporation, and not
of a municipal council to enact ordinances and inconsistent with the laws or policy of the
make regulations. It is this grant that the State. The ordinance of the municipality of

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POLITICAL LAW REVIEW
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Orion does not seem in itself to be pernicious, Phil., 1.) President McKinley's Instructions to
or unreasonable or discriminatory. Its the Commission still remain undisturbed by
purposes evidently are to improve the morals subsequent Acts of Congress dealing with
and stimulate the industry of the people. A Philippine affairs and yet constitute a portion
person is to be compelled to refrain from of our constitutional law, as to the inviolable
private acts injurious both to himself and his rule that "municipal governments * * * shall
neighbors. These objects, to be attained by be afforded the opportunity to manage their
limiting the pastime to definite days, do not own affairs to the fullest extent of which they
infringe any law of the general government. are capable." Again the same organic law
says, "In the distribution of powers among the
The constitutional provision that no person governments organized by the Commission,
shall be deprived of liberty without due the presumption is always to be in favor of the
process of law is not violated by this smaller subdivision, so that all the powers
ordinance. Liberty of action by the individual which can properly be exercised by the
is not unduly circumscribed; that is, it is not municipal government shall be vested in that
unduly circumscribed if we have in mind the government * * * ." Let us never forget these
correct notion of this "the greatest of all principles so highly protective of local self-
rights." That gravest of sociological government.The judiciary can very well take
questions—How far, consistently with notice of the fact that municipalities are
freedom, may the liberties of the individual accustomed to enacting ordinances aimed at
member of society be subordinated to the will the regulation of gambling. The executive
of the Government?—has been debated for authorities and the Attorney-General have
centuries, in vain, if we can not now discount usually upheld the validityof such ordinances,
the time worn objection to any and all especially those intended to restrict the
interference with private rights in order to playing of panguingue. (Opinions of the
effectuate the public purpose. (See United Attorney- General, supra; Opinion of the
States vs. Salaveria. Jacobson vs. Executive Secretary, July 6, 1909;
Massachusetts [1905], 197 U. S., 11; State vs. Indorsement of the Governor-General, July
Kreutzberg [1902], 58 L. R. A., 748.) Almost 21, 1904.)
countless are the governmental restrictions on
the citizen. The presumption is all in favor of This general municipal practice, indicative of
validity. The inhabitants of a municipality are a social cancer to be eradicated, should not be
in themselves miniature states. The action of discouraged by strict judicial construction.
the elected representatives of the people More important still, the courts cannot but
cannot be lightly set aside. The councilors realize that gambling, in its larger sense as
must, in the very nature of things, be familiar well as in its restricted sense, is an act beyond
with the necessities of their particular the pale of good morals, which, for the welfare
municipality and with all the facts and of the Filipino people, should be exterminated.
circumstances which surround the subject,
and necessitate action. The local legislative The suppression of the evil does not interfere
body, by enacting the ordinance, has in effect with any of the inherent rights of citizenship.
given notice that the regulations are essential The pernicious practice is rightfully regarded
to the well being of the people. Who is in as the offspring of idleness and the prolific
abetter position to say whether the playing of parent of vice and immorality, demoralizing in
panguingue is deleterious to social order and its association and tendencies, detrimental to
the public interest in a certain municipality— the best interests of society, and encouraging
the municipal council, or the courts? wastefulness, thriftlessness, and a belief that
a livelihood may be earned by other means
The answer is self-evident. The Judiciary than honest industry. To be condemned in
should not lightly set aside legislative action itself, it has the further effect of causing
when there is not a clear invasion of personal poverty, dishonesty, fraud, and deceit. Many a
or property rights under the guise of police man has neglected his business and
regulation. (See U. S. vs. Joson [1913], 26 mortgaged his integrity to follow the fickle

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40
POLITICAL LAW REVIEW
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Goddess of the cards. Many a woman has Bayani Fernando insisted on the enforcement
wasted her hours and squandered her of the order. St. Scholastica questioned the
substance at the gambling board while home validity and constitutionality of the order of
and children were forgotten. It is highly demolition and replacement of fences,
proper that this pastime should be subject to contending thatwould be tantamount to an
the control of restraints imposed by the appropriation of property without due process
ordinances of local governments peculiarly of law; and that the petitioners could only
afflicted by the evil. (See In re Voss [1903], 11 appropriate a portion of their property
N. D., 540; Ex parte Tuttle [1891], 91 Cal., through eminent domain. They also pointed
589; Greenwood vs. State [1873], 6 Baxt., 567; out that the goal of the provisions to deter
32 Am. Rep., 539; 12 R. C. L., 709-715.) lawless elements and criminality did not exist
as the solid concrete walls of the school had
For the suppression of such an evil, coordinate served as sufficient protection for many
and harmonious action must concur between years.. The City Government of Marikina
the three departments of Government. A law countered that the ordinance was a valid
or ordinance enacted by the legislative body exercise of police power, by virtue of which,
must exist. Such an ordinance is before us. they could restrain property rights for the
Vigorous executive enforcement must take protection of public safety, health, morals, or
place to make the law or ordinance a reality. the promotion of public convenience and
Such activity by the police has brought this general prosperity. The RTC ruled in favor of
case to the courts. And finally the Judiciary, St. Scholastica, which was affirmed by the CA.
having full respect for the legislative action of
the municipal council and for the prosecution Issue:
by the executive officials, must, by judicial Whether or not the ordinance regulating the
construction, equally as progressive and construction of fences and walls is a valid
constructive, give effect to the action of the exercise of police power.
other two powers. Wherefore, although
panguingue is not named in the general law Held:
on gambling, and although not entirely a No.
game of chance, since it is a proper subject for “Police power is the plenary power vested in
regulation by municipal authorities acting the legislature to make statutes and
under their delegated police power, whose ordinances to promote the health, morals,
laudable intention is to improve the public peace, education, good order or safety and
morals and promote the prosperity of their general welfare of the people.” The State,
people, their action should be upheld by the through the legislature, has delegated the
courts. Ordinance No. 3 of Orion, Bataan, is exercise of police power to local government
found to be valid. units, as agencies of the State. This delegation
of police power is embodied in Section 16 of
Fernando v. St. Scholastica’s College the Local Government Code of 1991 (R.A. No.
G. R. No. 161107, 12 March 2013 7160), known as the General Welfare Clause,
693 SCRA 141 which has two branches. “The first, known as
the general legislative power, authorizes the
Facts: municipal council to enact ordinances and
The Sangguniang Panglungsod of Marikina make regulations not repugnant to law, as
City enacted an ordinance regulating the may be necessary to carry into effect and
construction of fence and walls. Later, the discharge the powers and duties conferred
City Government ordered the demolition and upon the municipal council by law. The
replacement of the fences of the property second, known as the police power proper,
owned by St. Scholastica’s College to make it authorizes the municipality to enact
80% see-thru, and, at the same time, to move ordinances as may be necessary and proper for
it back about 6 meters to provide parking the health and safety, prosperity, morals,
space for vehicles to park. St. Scholastica peace, good order, comfort, and convenience of
requested for extension but then Mayor

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41
POLITICAL LAW REVIEW
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the municipality and its inhabitants, and for Lacking a concurrence of these two requisites,
the protection of their property.” the police power measure shall be struck down
as an arbitrary intrusion into private rights
Ordinance No. 192 was passed by the City and a violation of the due process clause.
Council of Marikina in the apparent exercise
of its police power. To successfully invoke the - Eminent Domain: Genuine Necessity of
exercise of police power as the rationale for Taking
the enactment of an ordinance and to free it
from the imputation of constitutional
- Taxation: Expressly granted by law
infirmity, two tests have been used by the
Court―the rational relationship test and the
strict scrutiny test: 3. Tests for due delegation of power

We ourselves have often applied the rational Pelaez v. Auditor General

basis test mainly in analysis of equal G. R. No. L-23825, 24 December 1965
protection challenges. Using the rational basis 15 SCRA 569
examination, laws or ordinances are upheld if
they rationally further a legitimate Facts:
governmental interest. Under Emmanuel Pelaez, the then Vice President of
intermediatereview, governmental interest is the Philippines, questioned the validity of
extensively examined and the availability of Section 68 of the Revised Administrative Code
less restrictive measures is considered. which provides that the President has the
Applying strict scrutiny, the focus is on the power to create, divide, or define the
presence of compelling, rather than boundaries of provinces, cities or
substantial, governmental interest and on the municipalities through executive orders
absence of less restrictive means for achieving issued by then President Diosdado Macapagal
that interest. creating 33 municipalities under several
provinces in Visayas and Mindanao. Pelaez
Even without going to a discussion of the argued that the said issuances constitute an
strict scrutiny test, Ordinance No. 192, series undue delegation of legislative power, which
of 1994 must be struck down for not being in fact said legal provision was impliedly
reasonably necessary to accomplish the City’s repealed by Republic Act No. 2370. The
purpose. More importantly, it is oppressive of Auditor General invoked the case of
private rights. Municipality of Cardona v. Municipality of
Binangonan, which settled the border between
Under the rational relationship test, an said municipalities, in which said case ruled
ordinance must pass the following requisites that such claim is untenable, for it involves
as discussed in Social Justice Society (SJS) v. not the creation of a new municipality, but a
Atienza, Jr.: mere transfer of territory from an already
existingmunicipality to another municipality,
As with the State, local governments may be likewise, existing at the time of and prior to
considered as having properly exercised their said transfer in consequence of the fixing and
police power only if the following requisites definition of the common boundaries of two
are met: (1) the interests of the public municipalities.
generally, as distinguished from those of a
particular class, require its exercise and (2) Issue:
the means employed are reasonably necessary Whether or not the issuance of the executive
for the accomplishment of the purpose and not orders creating municipalities constitutes
unduly oppressive upon individuals. In short, valid delegation of power.
there must be a concurrence of a lawful
subject and lawful method. Held:
Yes.
It may not be amiss to note that the executive
orders in question were issued after the

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42
POLITICAL LAW REVIEW
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legislative bills for the creation of the in which the official concerned resides, for his
municipalities involved in this case had failed officewould thereby become vacant. Thus, by
to pass Congress. A better proof of the fact merely brandishing the power to create a new
that the issuance of said executive orders municipality (if he had it), without actually
entails the exercise of purely legislative creating it, he could compel local officials to
functions can hardly be given. submit to his dictation, thereby, in effect,
exercising over them the power of control
Again, Section 10(1) of Article VII of our denied to him by the Constitution.
fundamental law ordains:
Then, also, the power of control of the
"The President shall have control of all the President over executive departments,
executive departments, bureaus, or offices, bureaus or offices implies no more than the
exercise general supervision over all local authority to assume directly the functions
governments as may be provided by law, and thereof or to interfere in the exercise of
take care that the laws be faithfully executed." discretion by its officials. Manifestly, such
control does not include the authority either to
The power of control under this provision abolish an executive department or bureau, or
implies the right of the President to interfere to create a new one. As a consequence, the
in the exercise of such discretion as may be alleged power of the President to create
vested by law in the officers of the executive municipal corporations would necessarily
departments, bureaus, or offices of the connote the exercise by him of an authority
national government, as well as to act in lieu even greater than that of control which he has
of such officers. This power is, denied by the over the executive departments, bureaus or
Constitution to the Executive, insofar as local offices. In other words, Section 68 of the
governments are concerned. With respect Revised Administrative Code does not merely
tothe latter, the fundamental law permits him fail to comply with the constitutional mandate
to wield no more authority than that of above quoted. Instead of giving the President
checking whether said local governments or less power over local governments than that
the officers thereof perform their duties as vested in him over the executive departments,
provided by statutory enactments. Hence, the bureaus or offices, it reverses the process and
President cannot interfere with local does the exact opposite, by conferring upon
governments, so long as the same or its him more power over municipal corporations
officers act within the scope of their authority. than that which he has over said executive
He may not enact an ordinance which the departments, bureaus or offices.
municipal council has failed or refused to
pass, even if it had thereby violated a duty In short, even if it did entail an undue
imposed thereto by law, although he may see delegation of legislative powers, as it certainly
to it that the corresponding provincial officials does, said Section 68, as part of the Revised
take appropriate disciplinary action therefor. Administrative Code, approved on March 10,
1917, must be deemed repealed by the
Neither may he vote, set aside or annul an subsequent adoption of the Constitution, in
ordinance passed by said council within the 1935, which is utterly incompatible and
scope of its jurisdiction, no matter how inconsistent with said statutory enactment.
patently unwise it may be. He may not even
suspend an elective official of a regular a. Completeness Test
municipality or take any disciplinary action
against him, except on appeal from a decision Ideally, the law must be complete in all
of the corresponding provincial board.
its essential terms and conditions when it
Upon the other hand, if the President could leaves the legislature so that there will be
create a municipality, he could, in effect, nothing left for the delegate to do when it
remove any of its officials, by creating a new reaches him except enforce it. A law is
municipality and including therein the barrio complete when it sets forth therein the

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POLITICAL LAW REVIEW
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policy to be executed, carried out or department is allowed to resist

implemented by the delegate. (Cruz, encroachments upon its prerogatives or to
Philippine Political Law, 2014 edition, p. rectify mistakes or excesses committed by
176) the other departments. (Cruz, Philippine
Political Law, 2014 edition, p. 133)
b. Sufficient Standard Test
Belgica v. Ochoa, Jr.
A sufficient standard is intended to map G. R. No. 208566, 19 November 2013
out the boundaries of the delegate’s 710 SCRA 1
authority by defining the legislative policy
Facts:
and indicating the circumstances under
Greco Belgica and other petitioners
which it is to be pursued and effected. The questioned the constitutionality of the Priority
purpose of the sufficient standard is to Development Assistance Fund (PDAF) for it
prevent a total transference of legislative violates the separation of powers, non-
power from the lawmaking body to the delegation of legislative powers, checks and
delegate “who is not allowed to step into balances, accountability, political dynasties,
the shoes of the legislature and exercise a and local autonomy and the Presidential Pork
power essentially legislative.” (Cruz, Barrel for violating the non-delegation of
Philippine Political Law, 2014 edition, p. legislative power.
178)
Issue:
1. Whether or not the PDAF and the violates
C. Separation of powers / Checks and the following:
Balance
a. Separation of powers.
1. Separation of powers
b. Non-delegability of powers.
The principle of separation of powers
ordains that each of the three branches of c. Checks and balances.
government has exclusive cognizance of
and is supreme in matters falling within 2. Whether or not the Presidential pork barrel
violates the following:
its own constitutionality allocated sphere.
a. Appropriation provided under the
To achieve these purposes, the legislature Constitution.
is generally limited to the enactment of
laws and may not enforced or apply them; b. Non-delegability of powers.
the executive to the enforcement of laws
and may not enact or apply them; and the Held:
judiciary to the application of laws and 1.a. Yes.
may not enact or enforce them. (Cruz, The principle of separation of powers refers to
Philippine Political Law, 2014 edition, p. the constitutional demarcation of the three
fundamental powers of government. In the
133, citing various Supreme Court
celebrated words of Justice Laurel in Angara
decisions) v. Electoral Commission, it means that the
“Constitution has blocked out with deft
2. Checks and Balances strokes and in bold lines, allotment of power
to the executive, the legislative and the
It is a system of scrutiny among the three judicial departments of the government.” To
branches of government which makes the the legislative branch of government, through
doctrine of separation of powers especially Congress, belongs the power to make laws; to
workable. It is by means of which one the executive branch of government, through

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POLITICAL LAW REVIEW
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the President, belongs the power to enforce Under the 2013 PDAF Article, the statutory
laws; and to the judicial branch of authority of legislators to identify projects
government, through the Court, belongs the post-GAA may be construed from the import
power to interpret laws. Because the three of Special Provisions 1 to 3 as well as the
great powers have been, by constitutional second paragraph of Special Provision 4. To
design, ordained in this respect, “[e]ach elucidate, Special Provision 1 embodies the
department of the government has exclusive program menu feature which, as evinced from
cognizance of matters within its jurisdiction, past PDAF Articles, allows individual
and is supreme within its own sphere.” Thus, legislators to identify PDAF projects for as
“the legislature has no authority to execute or long as theidentified project falls under a
construe the law, the executive has no general program listed in the said menu.
authority to make or construe the law, and the Relatedly, Special Provision 2 provides that
judiciary has no power to make or execute the the implementing agencies shall, within 90
law.” The principle of separation of powers days from the GAA is passed, submit to
and its concepts of autonomy and Congress a more detailed priority list,
independence stem from the notion that the standard or design prepared and submitted by
powers of government must be divided to implementing agencies from which the
avoid concentration of these powers in any one legislator may make his choice.
branch; the division, it is hoped, would avoid
any single branch from lording its power over The same provision further authorizes
the other branches or the citizenry. To achieve legislators to identify PDAF projects outside
this purpose, the divided power must be his district for as long as the representative of
wielded by co-equal branches of government the district concerned concurs in writing.
that are equally capable of independent action Meanwhile, Special Provision 3 clarifies that
in exercising their respective mandates. Lack PDAF projects refer to “projects to be
of independence would result in the inability identified by legislators” and thereunder
of one branch of government to check the provides the allocation limit for the total
arbitrary or self interest assertions of another amount of projects identified by each
or others. legislator. Finally, paragraph 2 of Special
Provision 4 requires that any modification and
Broadly speaking, there is a violation of the revision of the project identification “shall be
separation of powers principle when one submitted to the House Committee on
branch of government unduly encroaches on Appropriations and the Senate Committee on
the domain of another. US Supreme Court Finance for favorable endorsement to the
decisions instruct that the principle of DBM or the implementing agency, as the case
separation of powers may be violated in two may be.” From the foregoing special
(2) ways: firstly, “[o]ne branch may interfere provisions, it cannot be seriously doubted that
impermissibly with the other’s performance of legislators have been accorded post-enactment
its constitutionally assigned function”; and authority to identify PDAF projects.
“[a]lter natively, the doctrine may be violated
when one branch assumes a function that Aside from the area of project identification,
more properly is entrusted to another.” In legislators have also been accorded post-
other words, there is a violation of the enactment authority in the areas of fund
principle when there is impermissible (a) release and realignment. Under the 2013
interference with and/or (b) assumption of PDAF Article, the statutory authority of
another department’s functions. legislators to participate in the area of fund
release through congressional committees is
At its core, legislators — may it be through contained in Special Provision5 which
project lists, prior consultations or program explicitly states that “[a]ll request for release
menus — have been consistently accorded of funds shall be supported by the documents
post-enactment authority to identify the prescribed under Special Provision No. 1 and
projects they desire to be funded through favorably endorsed by House Committee on
various Congressional Pork Barrel allocations. Appropriations and the Senate Committee on

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45
POLITICAL LAW REVIEW
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Finance, as the case may be”; while their merely recommendatory and, as such,
statutory authority to participate in the area respondents’ reliance on the same falters
of fund realignment is contained in: first, altogether.
paragraph 2, Special Provision 4189 which
explicitly states, among others, that “[a]ny b. Yes.
realignment [of funds] shall be submitted to As an adjunct to the separation of powers
the House Committee on Appropriations and principle, legislative power shall be
the Senate Committee on Finance for exclusively exercised by the body to which the
favorable endorsement to the DBM or the Constitution has conferred the same. In
implementing agency, as the case may be”; particular, Section 1, Article VI of the 1987
and, second, paragraph 1, also of Special Constitution states that such power shall be
Provision 4 which authorizes the “Secretaries vested in the Congress of the Philippines
of Agriculture, Education, Energy, Interior which shall consist of a Senate and a House of
and Local Government, Labor and Representatives, except to the extent reserved
Employment, Public Works and Highways, to the people by the provision on initiative and
Social Welfare and Development and Trade referendum. Based on this provision, it is
and Industry x x x to approve realignment clear that only Congress, acting as a
from one project/scope to another within the bicameral body, and the people, through the
allotment received from this Fund, subject to process of initiative and referendum, may
[among others] (iii) the request is with the constitutionally wield legislative power and no
concurrence of the legislator concerned.” other. This premise embodies the principle of
non-delegability of legislative power, and the
Clearly, these post-enactment measures which only recognized exceptions thereto would be:
govern the areas of project identification, fund (a) delegated legislative power to local
release and fund realignment are not related governments which, by immemorial practice,
to functions of congressional oversight and, are allowed to legislate on purely local
hence, allow legislators to intervene and/or matters; and (b) constitutionally-grafted
assume duties that properly belong to the exceptions such as the authority of the
sphere of budget execution. Indeed, by virtue President to, by law, exercise powers
of the foregoing, legislators have been, in one necessary and proper to carry out a declared
form or another, authorized to participate in national policy in times of war or other
— as Guingona, Jr. puts it — “the various national emergency, or fix within specified
operational aspects of budgeting,” including limits, and subject to such limitations and
“the evaluation of work and financial plans for restrictions as Congress may impose, tariff
individual activities” and the “regulation and rates, import and export quotas, tonnage and
release of funds” in violation of the separation wharfage dues, and other duties or imposts
of powers principle. The fundamental rule, as within the framework of the national develop-
categorically articulated in Abakada, cannot ment program of the Government.
be overstated — from the moment the law
becomes effective, any provision of law that Notably, the principle of non-delegability
empowers Congress or any of its members to should not be confused as a restriction to
play any role in the implementation or delegate rule-making authority to
enforcement of the law violates the principle implementing agencies for the limited purpose
of separation of powers and is thus of either filling up the details of the law for its
unconstitutional. That the said authority is enforcement (supplementary rule-making)
treated as merely recommendatory in nature or ascertaining facts to bring the law into
does not alter its unconstitutional tenor since actual operation (contingent rulemaking).
the prohibition, to repeat, covers any role in
the implementation or enforcement of the law. In the cases at bar, the Court observes that
Towards this end, the Court must therefore the 2013 PDAF Article, insofar as it confers
abandon its ruling in Philconsa which post-enactment identification authority to
sanctioned the conduct of legislator individual legislators, violates the principle of
identification on the guise that the same is non-delegability since said legislators are

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effectively allowed to individually exercise the The presentment of appropriation, revenue or

power of appropriation, which — as settled in tariff bills to the President, wherein he may
Philconsa — is lodged in Congress. That the exercise his power of item-veto, forms part of
power to appropriate must be exercised only the “single, finely wrought
through legislation is clear from Section 29(1), andexhaustively considered, procedures”
Article VI of the 1987 Constitution which for law-passage as specified under the
states that: “No money shall be paid out of the Constitution. As stated in Abakada, the final
Treasury except in pursuance of an step in the law-making process is the
appropriation made by law.” To understand “submission [of the bill] to the President for
what constitutes an act of appropriation, the approval. Once approved, it takes effect as law
Court, in Bengzon v. Secretary of Justice and after the required publication.”
Insular Auditor (Bengzon), held that the
power of appropriation involves (a) the setting For the President to exercise his item-
apart by law of a certain sum from the public veto power, it necessarily follows that
revenue for (b) a specified purpose. there exists a proper “item” which may
Essentially, under the 2013 PDAF Article, be the object of the veto. An item,as
individual legislators are given a personal defined in the field of appropriations, pertains
lump-sum fund from which they are able to to “theparticulars, the details, the distinct and
dictate (a) how much from such fund would go severable parts ofthe appropriation or of the
to (b) a specific project or beneficiary that they bill.”
themselves also determine. As these two (2)
acts comprise the exercise of the power of Under the 2013 PDAF Article, the amount of
appropriation as described in Bengzon, and P24.79 Billion only appears as a collective
given that the 2013 PDAF Article authorizes allocation limit since the said amount would
individual legislators to perform the same, be further divided among individual
undoubtedly, said legislators have been legislators who would then receive personal
conferred the power to legislate which the lump-sum allocations and could, after the
Constitution does not, however, allow. Thus, GAA is passed, effectively appropriate PDAF
keeping with the principle of non-delegability funds based on their own discretion. As these
of legislative power, the Court hereby declares intermediate appropriations are made by
the 2013 PDAF Article, as well as all other legislators only after the GAA is passed and
forms of Congressional Pork Barrel which hence, outside of the law, it necessarily means
contain the similar legislative identification that the actual items of PDAF appropriation
feature as herein discussed, as would not have been written into the General
unconstitutional. Appropriations Bill and thus effectuated
without veto consideration. This kind of
c. Yes. lump-sum/post-enactmentlegislative
The fact that the three great powers of identification budgetingsystem fosters the
government are intended to be kept separate creation of a “budget within a budget”which
and distinct does not mean that they are subverts the prescribed procedure of
absolutely unrestrained and independent of presentment and consequently impairs the
each other. The Constitution has also provided President’s power of item veto. As petitioners
for an elaborate system of checks and balances aptly point out, the above-described system
to secure coordination in the workings of the forces the President to decide between (a)
various departments of the government. A accepting the entire P24.79 Billion PDAF
prime example of a constitutional check and allocation without knowing the specific
balance would be the President’s power to projects of the legislators, which may or may
veto an itemwritten into an not be consistent with his national agenda and
appropriation, revenue or tariff bill (b) rejecting the whole PDAF to the detriment
submitted to him by Congress for approval of all other legislatorswith legitimate
through a process known as “bill projects.Moreover, even without its post-
presentment.” enactment legislative identification feature,
the 2013 PDAF Article would remain

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47
POLITICAL LAW REVIEW
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constitutionally flawed since it would then the Constitution “does not provide or prescribe
operate as a prohibited form of lump-sum any particular form of words or religious
appropriation as above-characterized. In recitals in which an authorization or
particular, the lump-sum amount of P24.79 appropriation by Congress shall be made,
Billion would be treated as a mere funding except that it be “made by law,’” an
source allotted for multiple purposes of appropriation law may — according to
spending, i.e., scholarships, medical missions, Philconsa — be “detailed and as broad as
assistance to indigents, preservation of Congress wants it to be” for as long as the
historical materials, construction of roads, intent to appropriate may be gleaned from the
flood control, etc. This setup connotes that the same.
appropriation law leaves the actual amounts
and purposes of the appropriation for further Thus, based on the foregoing, the Court
determination and, therefore, does not readily cannot sustain the argument that the
indicate a discernible item which may be appropriation must be the “primary and
subject to the President’s power of item veto. specific” purpose of the law in order for a valid
appropriation law to exist. To reiterate, if a
In fact, on the accountability side, the same legal provision designates a determinate or
lump-sumbudgeting scheme has, as the CoA determinable amount of money and allocates
Chairperson relays, “limit[ed] state auditors the same for a particular public purpose, then
from obtaining relevant data and information the legislative intent to appropriate becomes
that would aid in more stringently auditing apparent and, hence, already sufficient to
the utilization of said Funds.” Accordingly, she satisfy the requirement of an “appropriation
recommends the adoption of a “line by line made by law” under contemplation of the
budget or amount per proposed program, Constitution.
activity or project, and per implementing
agency.” Analyzing the legal text vis-à-vis the above-
mentioned principles, it may then be
Hence, in view of the reasons above-stated, concluded that (a) Section 8 of PD 910, which
the Court finds the 2013 PDAF Article, as well creates a Special Fund comprised of “all fees,
as all Congressional Pork Barrel Laws of revenues, and receipts of the [Energy
similar operation, to be unconstitutional. That Development] Board from any and all sources”
such budgeting system provides for a greater (a determinableamount) “to be used to
degree of flexibility to account for future finance energy resource development and
contingencies cannot be an excuse to defeat exploitation programs and projects of the
what the Constitution requires. Clearly, the government and for such other purposes as
first and essential truth of the matter is that may be hereafter directed by the President” (a
unconstitutional means do not justify even specified publicpurpose), and (b) Section
commendable ends. 12 of PD 1869, as amended by PD 1993, which
similarly sets aside, “[a]fter deducting five
2. a. Yes. (5%) percent as Franchise Tax, the Fifty (50%)
“An appropriation made by law” under the percent share of the Government in the
contemplation of Section 29(1), Article VI of aggregate gross earnings of [PAGCOR], or
the 1987 Constitution exists when a provision 60%[,] if the aggregate gross earnings be less
of law (a) sets apart adeterminate or than P150,000,000.00” (also adeterminable
determinableamount of money and (b) amount) “to finance the priority infra-
allocates the same for a particular public structure development projects and x x x the
purpose. These two minimum designations of restoration of damaged or destroyed facilities
amount and purpose stem from the very due to calamities, as may be directed and
definition of the word “appropriation,” which authorized by the Office of the President of
means “to allot, assign, set apart or apply to a the Philippines” (also a specifiedpublic
particular use or purpose,” and hence, if purpose), are legal appropriations under
written into the law, demonstrate that the Section 29(1), Article VI of the 1987
legislative intent toappropriate exists. As Constitution.

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prevent the delegation from running riot. To

In this relation, it is apropos to note that the be sufficient, the standard must specify the
2013 PDAF Article cannot be properly deemed limits of the delegate’s authority, announce
as a legal appropriation under the said the legislative policy, and identify the
constitutional provision precisely because, as conditions under which it is to be
earlier stated, it contains post-enactment implemented.
measures which effectively create a system of
intermediate appropriations. These In view of the foregoing, the Court agrees with
intermediate appropriations are the actual petitioners that the phrase “and for such other
appropriations meant for enforcement and purposes as may be hereafter directed by the
since they are made by individual legislators President” under Section8 of PD 910
after the GAA is passed, they occur outside constitutes an undue delegation of legislative
the law. As such, the Court observes that the power insofar as it does not lay down a
real appropriation made under the 2013 sufficient standard to adequately determine
PDAF Article is not the P24.79 Billion the limits of the President’s authority with
allocated for the entire PDAF, but rather the respect to the purpose for which the
post-enactment determinations made by the Malampaya Funds may be used. As it reads,
individual legislators which are, to repeat, the saidphrase gives the President wide
occurrences outside of the law. Irrefragably, latitude to use theMalampaya Funds for
the 2013 PDAF Article does not constitute an any other purpose he maydirect and, in
“appropriation made by law” since it, in its effect, allows him to
truest sense, only authorizes individual unilaterallyappropriate public funds
legislators to appropriatein violation of the beyond thepurview of thelaw. That the
non-delegability principle as afore-discussed. subject phrase may be confined only to
“energy resource development and
b. No. exploitation programs and projects of the
While the designation of a determinate or government” under the principle of ejusdem
determinableamount for a particular public generis, meaning that the general word or
purpose is sufficient for alegal appropriation phrase is to be construed to include — or be
to exist, the appropriation law must contain restricted to — things akin to, resembling, or
adequate legislative guidelines if the same of the same kind or class as those specifically
law delegates rule-making authority to the mentioned, is belied by three (3) reasons:
Executiveeither for the purpose of (a) filling first, the phrase “energy resource
up the details of the law for its enforcement, development and exploitation programs and
known as supplementary rulemaking, or (b) projects of the government” states a singular
ascertaining facts to bring the law into and general class and hence, cannot be
actual operation, referred to as contingent treated as a statutory reference of specific
rule-making. things from which the general phrase “for
such other purposes” may be limited; second,
There are two (2) fundamental tests to ensure the said phrase also exhausts the class it
that the legislative guidelines for delegated represents, namely energy development
rule-making are indeed adequate. The first programs of the government; and, third, the
test is called the “completeness test.” Executive department has, in fact, used the
Malampaya Funds for non-energy related
Case law states that a law is complete when it purposes under the subject phrase, thereby
sets forth therein the policy to be executed, contradicting respondents’ own position that it
carried out, or implemented by the delegate. is limited only to “energy resource
On the other hand, the second test is called development and exploitation programs and
the “sufficient standard test.” projects of the government.” Thus, while
Jurisprudence holds that a law lays down a Section 8 of PD 910 may have passed the
sufficient standard when it provides adequate completeness test since the policy of energy
guidelines or limitations in the law to map out development is clearly deducible from its text,
the boundaries of the delegate’s authority and the phrase “and for such other purposes as

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POLITICAL LAW REVIEW
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may be hereafter directed by the President” of facility. This may be deduced from its
under the same provision of law should lexicographic definition as follows: “[t]he
nonetheless be stricken down as underlying framework of a system, [especially]
unconstitutional as it lies independently public services and facilities (such as
unfettered by any sufficient standard of the highways, schools, bridges, sewers, and water-
delegating law. This notwithstanding, it must systems) needed to support commerce as well
be underscored that the rest of Section 8, as economic and residential development.” In
insofar as it allows for the use of the fine, the phrase “to finance the priority
Malampaya Funds “to finance energy resource infrastructure development projects” must be
development and exploitation programs and stricken down as unconstitutional since —
projects of the government,” remains legally similar to the above-assailed provision under
effective andsubsisting. Truth be told, the Section 8 of PD 910 — it lies independently
declared unconstitutionality of the unfettered by any sufficient standard of the
aforementioned phrase is but an assurance delegating law. As they are severable, all
that the Malampaya Funds would be used — other provisions of Section 12 of PD 1869, as
as it should be used — only in accordance with amended by PD 1993, remains legally
the avowed purpose and intention of PD 910. effective and subsisting.

As for the Presidential Social Fund, the Court Mendoza v. People

takes judicial notice of the fact that Section 12 G. R. No. 183891, 19 October 2011
of PD 1869 has already been amended by PD 659 SCRA 681
1993 which thus moots the parties’
submissions on the same. Nevertheless, since Facts:
the amendatory provision may be readily Romarico Mendoza was charged with violation
examined under the current parameters of of the SSS Law for failure to remit the SSS
discussion, the Court proceeds to resolve its contributions of his employees. He was
constitutionality. convicted by the trial court and affirmed by
the CA and the Supreme Court. Mendoza filed
Primarily, Section 12 of PD 1869, as amended a motion for reconsideration contending his
by PD 1993, indicates that the Presidential supposed inclusion within the coverage of RA
Social Fund may be used “to [first,] finance 9903 or the Social Security Condonation Law
the priority infrastructure development of 2009, whose passage he claims to be a
projects and [second,] to finance the supervening event in his case. He further
restoration of damaged or destroyed facilities invokes the equal protection clause in support
due to calamities, as may be directed and of his motion.
authorized by the Office of the President of
the Philippines.” The Court finds that while Issue:
the second indicated purpose adequately Whether or not the conviction of Mendoza is
curtails the authority of the President to affirmed.
spend the Presidential Social Fund only for
restoration purposes which arise from Held:
calamities, the first indicated purpose, Yes.
however, gives him carte blanche authority to Motion for reconsideration partially granted.
use the same fund for any infrastructure
project he may so determine as a “priority”. We realize that with the affirmation of the
petitioner’s conviction for violation of RA No.
Verily, the law does not supply a definition of 8282, he stands to suffer imprisonment for
“priority infrastructure development projects” four (4) years and two (2) months of prision
and hence, leaves the President without any correccional, as minimum, to twenty (20)
guideline to construe the same. To note, the years of reclusion temporal, as maximum,
delimitation of a project as one of notwithstanding the payment of his
“infrastructure” is too broad of a classification delinquent contribution.
since the said term could pertain to any kind

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50
POLITICAL LAW REVIEW
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Under Article 5 of the Revised Penal Code, the

courts are bound to apply the law as it is and Note: The preamble is not necessary to be
impose the proper penalty, no matter how required in a Constitution for it only
harsh it might be. The same provision, declares the purpose and the aims of the
however, gives the Court the discretion to
ones created and promulgated it, which is
recommend to the President actions it deems
appropriate but are beyond its power when it
the people.
considers the penalty imposed as excessive.
Although the petitioner was convicted under a B. Principles
special penal law, the Court is not precluded
from giving the Revised Penal Code 1. Democratic and Republican State
suppletory application in light of Article 10 of (Article II, Section 1)
the same Code and our ruling in People v.
Simon. Section 1. The Philippines is a
democratic and republican State.
V. STATE POLICIES AND Sovereignty resides in the people and all
PRINCIPLES government authority emanates from
them.
A. Preamble
a. Manifestations of Democracy and
1. Nature, purposes and aims Republicanism

We, the sovereign Filipino people, - Rule of the majority

imploring the aid of Almighty God, in - Rule of law
order to build a just and humane society, - Election through popular will
and establish a Government that shall - Existence of bill of rights
embody our ideals and aspirations,
promote the common good, conserve and 2. Adoption of International Law
develop our patrimony, and secure to
ourselves and our posterity, the blessings a. Renunciation of war
of independence and democracy under the
rule of law and a regime of truth, justice, Section 2. The Philippines renounces
freedom, love, equality, and peace, do war as an instrument of national
ordain and promulgate this Constitution. policy, adopts the generally accepted
principles of international law as part of
The Preamble is not considered a source the law of the land and adheres to the
of substantive right since its purpose is policy of peace, equality, justice, freedom,
only to introduce, i.e., “to walk before,” the cooperation, and amity with all nations.
Constitution. However, its function is not
merely rhetorical as, in the first place, the b. Incorporation clause
Preamble serves to indicate the authors of
the Constitution, to wit, “we, the Section 2. The Philippines renounces war
sovereign Filipino people.” In addition, it as an instrument of national policy,
also enumerates the primary aims and adopts the generally accepted
expresses the aspirations of the framers principles of international law as
in drafting the Constitution and is also part of the law of the land and adheres
useful as an aid in the construction and to the policy of peace, equality, justice,
interpretation of the text of the freedom, cooperation, and amity with all
Constitution. (Cruz, Philippine Political nations.
Law, 2014 edition, p. 84)

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importantly, treaties have the force and effect

Deutsche Bank AG Manila Branch vs. of law in this jurisdiction.
Commissioner of Internal Revenue
G. R. No. 188550, 28 August 2013 Tax treaties are entered into “to reconcile the
704 SCRA 216 national fiscal legislations of the contracting
parties and, in turn, help the taxpayer avoid
Facts: simultaneous taxations in two different
Deutsche Bank AG Manila withheld and jurisdictions.” CIR v. S.C. Johnson and Son,
remitted to the CIR P67,688,553.51 which Inc. further clarifies that “tax conventions are
represented the 15% branch profit remittance drafted with a view towards the elimination of
tax (BPRT) on its regular banking unit net international juridical double taxation, which
income remitted to Deutsche Bank Germany is defined as the imposition of comparable
for 2002 and prior taxable years. Believing taxes in two or more states on the same
that it made an overpayment of the BPRT, taxpayer in respect of the same subject matter
Deutsche Bank Manila filed with the BIR an and for identical periods. The apparent
administrative claim for refund or issuance of rationale for doing away with double taxation
its tax credit certificate in the total amount of is to encourage the free flow of goods and
P22,562,851.17. Then Deutsche Bank Manila services and the movement of capital,
requested from the International Tax Affairs technology and persons between countries,
Division a confirmation of its entitlement to conditions deemed vital in creating robust and
the preferential tax rate of 10% under the RP- dynamic economies. Foreign investments will
Germany Tax Treaty. When the BIR did not only thrive in a fairly predictable and
act on the said claim, Deutsche Bank filed a reasonable international investment climate
petition for review with the CTA. The CTA and the protection against double taxation is
Second Division ruled for the denial of the crucial in creating such a climate.” Simply
claim for refund or credit on the ground that put, tax treaties are entered into to minimize,
the application for a tax treaty relief was not if not eliminate the harshness of international
filed with ITAD prior to the payment by the juridical double taxation, which is why they
former of its BPRT and actual remittance of are also known as double tax treaty or double
its branch profits to DB Germany, or prior to tax agreements.
its availment of the preferential rate of ten
percent (10%) under the RP-Germany Tax “A state that has contracted valid
Treaty provision. The CTA en banc affirmed international obligations is bound to make in
the prior decision. its legislations those modifications that may
be necessary to ensure the fulfillment of the
Issue: obligations undertaken.” Thus, laws and
Whether or not DB Manila can avail of the issuances must ensure that the reliefs granted
preferential tax rate of 10% under the RP- under tax treaties are accorded to the parties
Germany Tax Treaty. entitled thereto. The BIR must not impose
additional requirements that would negate
Held: the availment of the reliefs provided for under
Yes. international agreements. More so, when the
Our Constitution provides for adherence to RP-Germany Tax Treaty does not provide for
the general principles of international law as any pre-requisite for the availment of the
part of the law of the land. The time-honored benefits under said agreement.
international principle of pacta sunt servanda
demands the performance in good faith of Likewise, it must be stressed that there is
treaty obligations on the part of the states nothing in RMO No. 1-2000 which would
that enter into the agreement. Every treaty in indicate a deprivation of entitlement to a tax
force is binding upon the parties, and treaty relief for failure to comply with the 15-
obligations under the treaty must be day period. We recognize the clear intention of
performed by them in good faith. More the BIR in implementing RMO No. 1-2000,
but the CTA’s outright denial of a tax treaty

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relief for failure to strictly comply with the

prescribed period is not in harmony with the Section 3. Civilian authority is, at all
objectives of the contracting state to ensure times, supreme over the military. The
that the benefits granted under tax treaties Armed Forces of the Philippines is
are enjoyed by duly entitled persons or
the protector of the people and the
corporations.
State. Its goal is to secure the sovereignty
Bearing in mind the rationale of tax treaties, of the State and the integrity of the
the period of application for the availment of national territory.
tax treaty relief as required by RMO No. 1-
2000 should not operate to divest entitlement a. Commander-in-Chief clause (Article
to the relief as it would constitute a violation VII, Section 18)
of the duty required by good faith in
complying with a tax treaty. The denial of the Section 18. The President shall be the
availment of tax relief for the failure of a Commander-in-Chief of all armed
taxpayer to apply within the prescribed period
forces of the Philippines and whenever
under the administrative issuance would
impair the value of the tax treaty. At most,
it becomes necessary, he may call out
the application for a tax treaty relief from the such armed forces to prevent or suppress
BIR should merely operate to confirm the lawless violence, invasion or rebellion. In
entitlement of the taxpayer to the relief. case of invasion or rebellion, when the
public safety requires it, he may, for a
The obligation to comply with a tax treaty period not exceeding sixty days, suspend
must take precedence over the objective of the privilege of the writ of habeas corpus
RMO No. 1-2000. Logically, non-compliance or place the Philippines or any part
with tax treaties has negative implications on thereof under martial law. x x x
international relations, and unduly
discourages foreign investors. While the
consequences sought to be prevented by RMO
b. AFP in active service (Article XVI,
No. 1-2000 involve an administrative Section 5[4])
procedure, these may be remedied through
other system management processes, e.g., the Section 5. (1) x x x
imposition of a fine or penalty. But we cannot
totally deprive those who are entitled to the (4) No member of the armed forces in the
benefit of a treaty for failure to strictly comply active service shall, at any time, be
with an administrative issuance requiring appointed or designated in any capacity to
prior application for tax treaty relief. a civilian position in the Government,
including government-owned or controlled
c. Adherence to peace, equality, justice, corporations or any of their subsidiaries.
freedom, cooperation, amity with nations
xxx
Section 2. The Philippines renounces war
as an instrument of national policy, c. Respect for people’s rights (Article XVI,
adopts the generally accepted principles of Section 5[2])
international law as part of the law of the
land and adheres to the policy of Section 5. (1) x x x
peace, equality, justice, freedom,
cooperation, and amity with all (2) The State shall strengthen the
nations. patriotic spirit and nationalist
consciousness of the military, and
3. Civilian supremacy; Role of the Military
(Article II, Section 3)

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respect for people's rights in the Section 2. The Commission on Elections

performance of their duty. shall exercise the following powers and
functions:
xxx
(1) x x x
4. Duty and Role of Government (Article
II, Sections 4 and 5) (5) Register, after sufficient publication,
political parties, organizations, or
Section 4. The prime duty of the coalitions which, in addition to other
Government is to serve and protect the requirements, must present their
people. The Government may call upon platform or program of government; and
the people to defend the State and, in the accredit citizens' arms of the Commission
fulfillment thereof, all citizens may be on Elections. Religious denominations
required, under conditions provided by and sects shall not be registered.
law, to render personal, military or civil Those which seek to achieve their goals
service. through violence or unlawful means, or
refuse to uphold and adhere to this
Section 5. The maintenance of peace Constitution, or which are supported by
and order, the protection of life, any foreign government shall likewise be
liberty, and property, and promotion refused registration.
of the general welfare are essential for
the enjoyment by all the people of the xxx
blessings of democracy.
c. No sectoral representative from religious
5. Separation of Church and State (Article sector (Article VI, Section 5[2])
II, Section 6)
Section 5. (1) x x x
Section 6. The separation of Church and
State shall be inviolable. (2) The party-list representatives shall
constitute twenty per centum of the total
a. Freedom of Religion (Article III, Section number of representatives including those
5) under the party list. For three consecutive
terms after the ratification of this
Section 5. No law shall be made Constitution, one-half of the seats
respecting an establishment of religion, or allocated to party-list representatives
prohibiting the free exercise thereof. The shall be filled, as provided by law, by
free exercise and enjoyment of selection or election from the labor,
religious profession and worship, peasant, urban poor, indigenous cultural
without discrimination or preference, communities, women, youth, and such
shall forever be allowed. No religious other sectors as may be provided by
test shall be required for the exercise of law, except the religious sector.
civil or political rights.
xxx
b. Political party ban on sects (Article IX-
C, Section 2[5]) d. Tax exemption of churches (Article VI,
Section 28[3])

Section 28. (1) x x x

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g. Filipino ownership for schools;

(3) Charitable institutions, churches exceptions (Article XIV, Section 4[2])
and personages or convents
appurtenant thereto, mosques, non- Section 4. (1) x x x
profit cemeteries, and all lands,
buildings, and improvements, actually, (2) Educational institutions, other
directly, and exclusively used for than those established by religious
religious, charitable, or educational groups and mission boards, shall be
purposes shall be exempt from owned solely by citizens of the
taxation. Philippines or corporations or
associations at least sixty per centum
xxx of the capital of which is owned by
such citizens. The Congress may,
e. Non appropriations for sects; however, require increased Filipino equity
exemptions (Article VI, Section 29[2]) participation in all educational
institutions.
Section 29. (1) x x x
xxx
(2) No public money or property shall
be appropriated, applied, paid, or C. Policies
employed, directly or indirectly, for the
use, benefit, or support of any sect, 1. Independent foreign policy and nuclear
church, denomination, sectarian free Philippines (Article II, Sections 7 and
institution, or system of religion, or 8)
of any priest, preacher, minister,
other religious teacher, or dignitary Section 7. The State shall pursue an
as such, except when such priest, independent foreign policy. In its
preacher, minister, or dignitary is relations with other states, the
assigned to the armed forces, or to any paramount consideration shall be national
penal institution, or government sovereignty, territorial integrity, national
orphanage or leprosarium. interest, and the right to self-
determination.
f. Optional religious instruction (Article
XIV, Section 3[3]) Section 8. The Philippines, consistent
with the national interest, adopts and
Section 3. (1) x x x pursues a policy of freedom from
nuclear weapons in its territory.
(3) At the option expressed in writing by
the parents or guardians, religion shall a. Foreign military bases (Article XVIII,
be allowed to be taught to their Sections 4 and 25)
children or wards in public elementary
and high schools within the regular class Section 4. All existing treaties or
hours by instructors designated or international agreements which have
approved by the religious authorities not been ratified shall not be renewed
of the religion to which the children or extendedwithout the concurrence
or wards belong, without additional cost of at least two-thirds of all the
to the Government. Members of the Senate.

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POLITICAL LAW REVIEW
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The digested cases will serve as guide for the topics. Reading the full text of the cases is encouragingly advised.

Section 25. After the expiration in 1991 inequalities, and remove cultural
of the Agreement between the inequities by equitably diffusing wealth
Republic of the Philippines and the and political power for the common good.
United States of America concerning
military bases, foreign military bases, To this end, the State shall regulate the
troops, or facilities shall not be allowed acquisition, ownership, use, and dispo-
in the Philippines except under a treaty sition of property and its increments.
duly concurred in by the Senate and,
when the Congress so requires, ratified by (Article XIII, Sections 17-19)
a majority of the votes cast by the people
in a national referendum held for that Section 17. (1) There is hereby created an
purpose, and recognized as a treaty by the independent office called the Commission
other contracting State. on Human Rights.

2. Just and dynamic social order (2) The Commission shall be composed of
a Chairman and four Members who must
a. Social justice (Article II, Section 10) be natural-born citizens of the Philippines
and a majority of whom shall be members
Section 10. The State shall promote of the Bar. The term of office and other
social justice in all phases of national qualifications and disabilities of the
development. Members of the Commission shall be
provided by law.
(Article XII, Section 1(2))
(3) Until this Commission is constituted,
Section 1. x x x the existing Presidential Committee on
Human Rights shall continue to exercise
The State shall promote its present functions and powers.
industrialization and full
employment based on sound (4) The approved annual appropriations of
agricultural development and the Commission shall be automatically
agrarian reform, through industries and regularly released.
that make full and efficient use of human
and natural resources, and which are Section 18. The Commission on Human
competitive in both domestic and foreign Rights shall have the following powers
markets. However, the State shall protect and functions:
Filipino enterprises against unfair foreign
competition and trade practices. (1) Investigate, on its own or on complaint
by any party, all forms of human rights
xxx violations involving civil and political
rights;
b. Respect for human dignity and human
rights (Article XIII, Section 1) (2) Adopt its operational guidelines and
rules of procedure, and cite for contempt
Section 1. The Congress shall give highest for violations thereof in accordance with
priority to the enactment of measures the Rules of Court;
that protect and enhance the right of
all the people to human dignity, (3) Provide appropriate legal measures for
reduce social, economic, and political the protection of human rights of all
persons within the Philippines, as well as

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56
POLITICAL LAW REVIEW
Based on the syllabus and lectures of Atty. Bong Lopez (Compiled by RYAN JAMES S. EDQUILAG)
The digested cases will serve as guide for the topics. Reading the full text of the cases is encouragingly advised.

Filipinos residing abroad, and provide for

preventive measures and legal aid Section 14. The State recognizes the role
services to the under-privileged whose of women in nation-building, and shall
human rights have been violated or need ensure the fundamental equality before
protection; the law of women and men.

(4) Exercise visitorial powers over jails, (Article XIII, Section 14)
prisons, or detention facilities;
Section 14. The State shall protect
(5) Establish a continuing program of working women by providing safe
research, education, and information to and healthful working conditions,
enhance respect for the primacy of human taking into account their maternal
rights; functions, and such facilities and
opportunities that will enhance their
(6) Recommend to Congress effective welfare and enable them to realize their
measures to promote human rights and to full potential in the service of the nation.
provide for compensation to victims of
violations of human rights, or their - RA 9262 – Anti Violence Against Women
families; and their Children (2004)

(7) Monitor the Philippine Government's Section 2. Declaration of Policy. - It is

compliance with international treaty hereby declared that the State values
obligations on human rights; the dignity of women and children
and guarantees full respect for
(8) Grant immunity from prosecution to human rights. The State also recognizes
any person whose testimony or whose the need to protect the family and its
possession of documents or other evidence members particularly women and
is necessary or convenient to determine children, from violence and threats to
the truth in any investigation conducted their personal safety and security.
by it or under its authority;
Towards this end, the State shall exert
(9) Request the assistance of any efforts to address violence committed
department, bureau, office, or agency in against women and children in
the performance of its functions; keeping with the fundamental freedoms
guaranteed under the Constitution and
(10) Appoint its officers and employees in the Provisions of the Universal
accordance with law; and Declaration of Human Rights, the
convention on the Elimination of all forms
(11) Perform such other duties and of discrimination Against Women,
functions as may be provided by law. Convention on the Rights of the Child and
other international human rights
Section 19. The Congress may provide for instruments of which the Philippines is a
other cases of violations of human rights party.
that should fall within the authority of
the Commission, taking into account its Garcia vs. Drilon
recommendations. G. R. No. 179267, 25 June 2013
699 SCRA 352
c. Role of women; Fundamental equality of
Facts:
women and men (Article II, Section 14)

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57
POLITICAL LAW REVIEW
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Rosalie Jaype-Garcia filed for herself and in that power. And VAW is a form of men’s
behalf of her minor children a petition for the expression of controlling women to retain
issuance of a temporary protection order power.
against her husband Jesus Garcia pursuant to
RA 9262 or the Violence Against Women and The United Nations, which has long
Children Act of 2002. She claimed to be a recognized VAW as a human rights issue,
victim of physical abuse; emotional, passed its Resolution 48/104 on the
psychological, and economic violence as a Declaration on Elimination of Violence
result of marital infidelity on the part of Against Women on December 20, 1993 stating
petitioner, with threats of deprivation of that “violence against women is a
custody of her children and of financial manifestation of historically unequal power
support. The RTC issued a TPO against Jesus relations between men and women, which
Garcia, ruling in favor of Jaype-Garcia. Later have led to domination over and
on, the children of Garcia were tried to get discrimination against women by men and to
kidnapped them but the kidnappers failed to the prevention of the full advancement of
do so, leading for the children to file another women, and that violence against women is
case this time pursuant to RA 7610 against one of the crucial social mechanisms by which
Garcia. The RTC issued another TPO women are forced into subordinate positions,
extending the duration of the said order. The compared with men.”
CA affirmed the decision of the trial court.
The Philippines has been in cadence with the
Issue: half — and full — steps of all these women’s
Whether or not RA 9262 gave inequality movements. No less than Section 14, Article II
between men and women, thus violating the of our 1987 Constitution mandates the State
equal protection clause. to recognize the role of women in nation
building and to ensure the fundamental
Held: equality before the law of women and men.
No. Our Senate has ratified the CEDAW as well
The unequal power relationship between as the Convention on the Rights of the Child
women and men; the fact that women are and its two protocols. To cap it all, Congress,
more likely than men to be victims of violence; on March 8, 2004, enacted Rep. Act No. 9262,
and the widespread gender bias and prejudice entitled “An Act Defining Violence Against
against women all make for real differences Women and Their Children, Providing for
justifying the classification under the law. As Protective Measures for Victims, Prescribing
Justice McIntyre succinctly states, “the Penalties therefor and for other Purposes.”
accommodation of differences ... is the essence (Excerpt from Chief Justice Puno’s remarks on
of true equality.” the launching of RA 9262)

According to the Philippine Commission on The enactment of R.A. 9262 aims to address
Women (the National Machinery for Gender the discrimination brought about by biases
Equality and Women’s Empowerment), and prejudices against women. As emphasized
violence against women (VAW) is deemed to by the CEDAW Committee on the Elimination
be closely linked with the unequal power of Discrimination against Women, addressing
relationship between women and men or correcting discrimination through specific
otherwise known as “gender-based violence”. measures focused on women does not
Societal norms and traditions dictate people to discriminate against men. Petitioner’s
think men are the leaders, pursuers, contention, therefore, that R.A. 9262 is
providers, and take on dominant roles in discriminatory and that it is an “anti-male,”
society while women are nurturers, men’s “husband-bashing,” and “hate-men” law
companions and supporters, and take on deserves scant consideration.
subordinate roles in society. This perception
leads to men gaining more power over women. As a State Party to the CEDAW, the
With power comes the need to control to retain Philippines bound itself to take all

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58
POLITICAL LAW REVIEW
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appropriate measures “to modify the social

and cultural patterns of conduct of men and Section 23. The State shall encourage
women, with a view to achieving the non-governmental, community-based,
elimination of prejudices and customary and or sectoral organizations that
all other practices which are based on the idea
promote the welfare of the nation.
of the inferiority or the superiority of either of
the sexes or on stereotyped roles for men and
women.” Justice Puno correctly pointed out (Article XIII, Sections 15-16)
that “(t)he paradigm shift changing the
character of domestic violence from a private Section 15. The State shall respect the
affair to a public offense will require the role of independent people's organizations
development of a distinct mindset on the part to enable the people to pursue and
of the police, the prosecution and the judges.” protect, within the democratic
framework, their legitimate and
d. Independent people’s organization collective interests and aspirations
(Article II, Section 23) through peaceful and lawful means.

Section 23. The State shall encourage People's organizations are bona fide
non-governmental, community-based, associations of citizens with demonstrated
or sectoral organizations that capacity to promote the public interest
promote the welfare of the nation. and with identifiable leadership,
membership, and structure.
(Article XIII, Sections 15-16)
Section 16. The right of the people and
Section 15. The State shall respect the their organizations to effective and
role of independent people's reasonable participation at all levels
organizations to enable the people to of social, political, and economic
pursue and protect, within the democratic decision-making shall not be abridged.
framework, their legitimate and collective The State shall, by law, facilitate the
interests and aspirations through establishment of adequate consultation
peaceful and lawful means. mechanisms.

People's organizations are bona fide (Article XIV, Sections 1-19)

associations of citizens with demonstrated
capacity to promote the public interest Article XIV
and with identifiable leadership, EDUCATION, SCIENCE AND
membership, and structure. TECHNOLOGY, ARTS, CULTURE AND
SPORTS
Section 16. The right of the people and
their organizations to effective and EDUCATION
reasonable participation at all levels
of social, political, and economic Section 1. The State shall protect and
decision-making shall not be abridged. promote the right of all citizens to quality
The State shall, by law, facilitate the education at all levels, and shall take
establishment of adequate consultation appropriate steps to make such education
mechanisms. accessible to all.

e. Priority of education, science, Section 2. The State shall:

technology, arts, culture, and sports
(Article II, Section 23)

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(1) Establish, maintain, and support a allowed to be taught to their children or

complete, adequate, and integrated wards in public elementary and high
system of education relevant to the needs schools within the regular class hours by
of the people and society; instructors designated or approved by the
religious authorities of the religion to
(2) Establish and maintain, a system of which the children or wards belong,
free public education in the elementary without additional cost to the
and high school levels. Without limiting Government.
the natural rights of parents to rear their
children, elementary education is Section 4. (1) The State recognizes the
compulsory for all children of school age; complementary roles of public and private
institutions in the educational system and
(3) Establish and maintain a system of shall exercise reasonable supervision and
scholarship grants, student loan regulation of all educational institutions.
programs, subsidies, and other incentives
which shall be available to deserving (2) Educational institutions, other than
students in both public and private those established by religious groups and
schools, especially to the under-privileged; mission boards, shall be owned solely by
citizens of the Philippines or corporations
(4) Encourage non-formal, informal, and or associations at least sixty per centum
indigenous learning systems, as well as of the capital of which is owned by such
self-learning, independent, and out-of- citizens. The Congress may, however,
school study programs particularly those require increased Filipino equity
that respond to community needs; and participation in all educational
institutions.
(5) Provide adult citizens, the disabled,
and out-of-school youth with training in The control and administration of
civics, vocational efficiency, and other educational institutions shall be vested in
skills. citizens of the Philippines.

Section 3. (1) All educational institutions No educational institution shall be

shall include the study of the Constitution established exclusively for aliens and no
as part of the curricula. group of aliens shall comprise more than
one-third of the enrollment in any school.
(2) They shall inculcate patriotism and The provisions of this subsection shall not
nationalism, foster love of humanity, apply to schools established for foreign
respect for human rights, appreciation of diplomatic personnel and their
the role of national heroes in the dependents and, unless otherwise
historical development of the country, provided by law, for other foreign
teach the rights and duties of citizenship, temporary residents.
strengthen ethical and spiritual values,
develop moral character and personal (3) All revenues and assets of non-stock,
discipline, encourage critical and creative non-profit educational institutions used
thinking, broaden scientific and actually, directly, and exclusively for
technological knowledge, and promote educational purposes shall be exempt
vocational efficiency. from taxes and duties. Upon the
dissolution or cessation of the corporate
(3) At the option expressed in writing by existence of such institutions, their assets
the parents or guardians, religion shall be

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POLITICAL LAW REVIEW
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shall be disposed of in the manner on the basis of existing Philippine and

provided by law. other languages.

Proprietary educational institutions, Subject to provisions of law and as the

including those cooperatively owned, may Congress may deem appropriate, the
likewise be entitled to such exemptions, Government shall take steps to initiate
subject to the limitations provided by law, and sustain the use of Filipino as a
including restrictions on dividends and medium of official communication and as
provisions for reinvestment. language of instruction in the educational
system.
(4) Subject to conditions prescribed by
law, all grants, endowments, donations, or Section 7. For purposes of communication
contributions used actually, directly, and and instruction, the official languages of
exclusively for educational purposes shall the Philippines are Filipino and, until
be exempt from tax. otherwise provided by law, English.

Section 5. (1) the State shall take into The regional languages are the auxiliary
account regional and sectoral needs and official languages in the regions and shall
conditions and shall encourage local serve as auxiliary media of instruction
planning in the development of therein.
educational policies and programs.
Spanish and Arabic shall be promoted on
(2) Academic freedom shall be enjoyed in a voluntary and optional basis.
all institutions of higher learning.
Section 8. This Constitution shall be
(3) Every citizen has a right to select a promulgated in Filipino and English and
profession or course of study, subject to shall be translated into major regional
fair, reasonable, and equitable admission languages, Arabic, and Spanish.
and academic requirements.
Section 9. The Congress shall establish a
(4) The State shall enhance the right of national language commission composed
teachers to professional advancement. of representatives of various regions and
Non-teaching academic and non-academic disciplines which shall undertake,
personnel shall enjoy the protection of the coordinate, and promote researches for
State. the development, propagation, and
preservation of Filipino and other
(5) The State shall assign the highest languages.
budgetary priority to education and
ensure that teaching will attract and SCIENCE AND TECHNOLOGY
retain its rightful share of the best
available talents through adequate Section 10. Science and technology are
remuneration and other means of job essential for national development and
satisfaction and fulfillment. progress. The State shall give priority to
research and development, invention,
LANGUAGE innovation, and their utilization; and to
science and technology education,
Section 6. The national language of the training, and services. It shall support
Philippines is Filipino. As it evolves, it indigenous, appropriate, and self-reliant
shall be further developed and enriched scientific and technological capabilities,

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POLITICAL LAW REVIEW
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and their application to the country's the protection of the State which may
productive systems and national life. regulate its disposition.

Section 11. The Congress may provide for Section 17. The State shall recognize,
incentives, including tax deductions, to respect, and protect the rights of
encourage private participation in indigenous cultural communities to
programs of basic and applied scientific preserve and develop their cultures,
research. Scholarships, grants-in-aid, or traditions, and institutions. It shall
other forms of incentives shall be provided consider these rights in the formulation of
to deserving science students, national plans and policies.
researchers, scientists, inventors,
technologists, and specially gifted citizens. Section 18. (1) The State shall ensure
equal access to cultural opportunities
Section 12. The State shall regulate the through the educational system, public or
transfer and promote the adaptation of private cultural entities, scholarships,
technology from all sources for the grants and other incentives, and
national benefit. It shall encourage the community cultural centers, and other
widest participation of private groups, public venues.
local governments, and community-based
organizations in the generation and (2) The State shall encourage and support
utilization of science and technology. researches and studies on the arts and
culture.
Section 13. The State shall protect and
secure the exclusive rights of scientists, SPORTS
inventors, artists, and other gifted
citizens to their intellectual property and Section 19. (1) The State shall promote
creations, particularly when beneficial to physical education and encourage sports
the people, for such period as may be programs, league competitions, and
provided by law. amateur sports, including training for
international competitions, to foster self-
ARTS AND CULTURE discipline, teamwork, and excellence for
the development of a healthy and alert
Section 14. The State shall foster the citizenry.
preservation, enrichment, and dynamic
evolution of a Filipino national culture (2) All educational institutions shall
based on the principle of unity in diversity undertake regular sports activities
in a climate of free artistic and throughout the country in cooperation
intellectual expression. with athletic clubs and other sectors.

Section 15. Arts and letters shall enjoy f.Urban land reform and housing (Article
the patronage of the State. The State XIII, Sections 9-10)
shall conserve, promote, and popularize
the nation's historical and cultural Section 9. The State shall, by law, and for
heritage and resources, as well as artistic the common good, undertake, in
creations. cooperation with the private sector, a
continuing program of urban land
Section 16. All the country's artistic and reform and housing which will make
historic wealth constitutes the cultural available at affordable cost, decent
treasure of the nation and shall be under housing and basic services to under-

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62
POLITICAL LAW REVIEW
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privileged and homeless citizens in urban

centers and resettlement areas. It shall (2) Optimization of the use and
also promote adequate employment productivity of land and urban resources;
opportunities to such citizens. In the
implementation of such program the State (3) Development of urban areas conducive
shall respect the rights of small property to commercial and industrial activities
owners. which can generate more economic
opportunities for the people;
Section 10. Urban or rural poor
dwellers shall not be evicted nor (4) Reduction in urban dysfunctions,
their dwelling demolished, except in particularly those that adversely affect
accordance with law and in a just and public health, safety and ecology; and
humane manner.
(5) Access to land and housing by the
No resettlement of urban or rural underprivileged and homeless citizens;
dwellers shall be undertaken without
adequate consultation with them and the (c) Adopt workable policies to regulate
communities where they are to be and direct urban growth and expansion
relocated. towards a dispersed urban net and more
balanced urban-rural interdependence;
- RA 7279 – Urban Development and
Housing Act (d) Provide for an equitable land tenure
system that shall guarantee security of
Section 2. Declaration of State Policy and tenure to Program beneficiaries but shall
Program Objectives. — It shall be the respect the rights of small property
policy of the State to undertake, in owners and ensure the payment of just
cooperation with the private sector, a compensation;
comprehensive and continuing
Urban Development and Housing (e) Encourage more effective people's
Program, hereinafter referred to as the participation in the urban development
Program, which shall: process; and

(a) Uplift the conditions of the (f) Improve the capability of local
underprivileged and homeless citizens in government units in undertaking urban
urban areas and in resettlement areas by development and housing programs and
making available to them decent housing projects.
at affordable cost, basic services, and
employment opportunities; g. Reform in agriculture and other natural
resources (Article II, Section 21)
(b) Provide for the rational use and
development of urban land in order to Section 21. The State shall promote
bring about the following: comprehensive rural development
and agrarian reform.
(1) Equitable utilization of residential
lands in urban and urbanizable areas (Article XIII, Sections 4-8)
with particular attention to the needs and
requirements of the underprivileged and Section 4. The State shall, by law,
homeless citizens and not merely on the undertake an agrarian reform
basis of market forces; program founded on the right of

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POLITICAL LAW REVIEW
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farmers and regular farmworkers Section 7. The State shall protect the
who are landless, to own directly or rights of subsistence fishermen,
collectively the lands they till or, in the especially of local communities, to the
case of other farmworkers, to receive a preferential use of the communal
just share of the fruits thereof. To this marine and fishing resources, both
end, the State shall encourage and inland and offshore. It shall provide
undertake the just distribution of all support to such fishermen through
agricultural lands, subject to such appropriate technology and research,
priorities and reasonable retention limits adequate financial, production, and
as the Congress may prescribe, taking marketing assistance, and other services.
into account ecological, developmental, or The State shall also protect, develop, and
equity considerations, and subject to the conserve such resources. The protection
payment of just compensation. In shall extend to offshore fishing grounds of
determining retention limits, the State subsistence fishermen against foreign
shall respect the right of small intrusion. Fishworkers shall receive a just
landowners. The State shall further share from their labor in the utilization of
provide incentives for voluntary land- marine and fishing resources.
sharing.
Section 8. The State shall provide
Section 5. The State shall recognize the incentives to landowners to invest the
right of farmers, farmworkers, and proceeds of the agrarian reform
landowners, as well as cooperatives, program to promote
and other independent farmers' industrialization, employment
organizations to participate in the creation, and privatization of public
planning, organization, and sector enterprises. Financial
management of the program, and shall instruments used as payment for their
provide support to agriculture through lands shall be honored as equity in
appropriate technology and research, and enterprises of their choice.
adequate financial, production,
marketing, and other support services. - PD 27 – Land Reform Act

Section 6. The State shall apply the PRESIDENTIAL DECREE NO. 27

principles of agrarian reform or
stewardship, whenever applicable in DECREEING THE EMANCIPATION OF
accordance with law, in the disposition or TENANTS FROM THE BONDAGE OF
utilization of other natural resources, THE SOIL, TRANSFERRING TO THEM
including lands of the public domain THE OWNERSHIP OF THE LAND
under lease or concession suitable to THEY TILL AND PROVIDING THE
agriculture, subject to prior rights, INSTRUMENTS AND MECHANISM
homestead rights of small settlers, and THEREFOR
the rights of indigenous communities to
their ancestral lands. In as much as the old concept of land
ownership by a few has spawned valid
The State may resettle landless farmers and legitimate grievances that gave rise
and farmworkers in its own agricultural to violent conflict and social tension,
estates which shall be distributed to them
in the manner provided by law. The redress of such legitimate grievances
being one of the fundamental objectives of
the New Society,

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Since Reformation must start with the In case of default, the amortization due
emancipation of the tiller of the soil from shall be paid by the farmers' cooperative
his bondage, in which the defaulting tenant-farmer is a
member, with the cooperative having a
NOW, THEREFORE, I, FERDINAND E. right of recourse against him;
MARCOS, President of the Philippines, by
virtue of the powers vested in me by the The government shall guaranty such
Constitution as Commander-in-Chief of amortizations with shares of stock in
all the Armed Forces of the Philippines, government-owned and government-
and pursuant to Proclamation No. 1081, controlled corporations;
dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, as No title to the land owned by the tenant-
amended do hereby decree and order the farmers under this Decree shall be
emancipation of all tenant farmers as of actually issued to a tenant-farmer unless
this day, October 21, 1972: and until the tenant-farmer has become a
full-fledged member of a duly recognized
This shall apply to tenant farmers of farmer's cooperative;
private agricultural lands primarily
devoted to rice and corn under a system of Title to land acquired pursuant to this
sharecrop or lease-tenancy, whether Decree or the Land Reform Program of
classified as landed estate or not; the Government shall not be transferable
except by hereditary succession or to the
The tenant farmer, whether in land Government in accordance with the
classified as landed estate or not, shall be provisions of this Decree, the Code of
deemed owner of a portion constituting a Agrarian Reforms and other existing laws
family-size farm of five (5) hectares if not and regulations;
irrigated and three (3) hectares if
irrigated; The Department of Agrarian Reform
through its Secretary is hereby
In all cases, the landowner may retain an empowered to promulgate rules and
area of not more than seven (7) hectares if regulations for the implementation of this
such landowner is cultivating such area or Decree.
will now cultivate it;
All laws, executive orders, decrees and
For the purpose of determining the cost of rules and regulations, or parts thereof,
the land to be transferred to the tenant- inconsistent with this Decree are hereby
farmer pursuant to this Decree, the value repealed and or modified accordingly.
of the land shall be equivalent to two and
one-half (2 1/2) times the average harvest Done in the City of Manila, this 21st day
of three normal crop years immediately of October, in the year of Our Lord,
preceding the promulgation of this nineteen hundred and seventy-two.
Decree;
- RA 6657 -Comprehensive and Agrarian
The total cost of the land, including Reform Law (1998)
interest at the rate of six (6) per centum
per annum, shall be paid by the tenant in Section 2. Declaration of Principles and
fifteen (15) years of fifteen (15) equal Policies. — It is the policy of the State to
annual amortizations; pursue a Comprehensive Agrarian Reform

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Program (CARP). The welfare of the production, marketing and other support
landless farmers and farmworkers will services.
receive the highest consideration to
promote social justice and to move the The State shall apply the principles of
nation toward sound rural development agrarian reform, or stewardship,
and industrialization, and the whenever applicable, in accordance with
establishment of owner cultivatorship of law, in the disposition or utilization of
economic-size farms as the basis of other natural resources, including lands
Philippine agriculture. of the public domain, under lease or
concession, suitable to agriculture, subject
To this end, a more equitable distribution to prior rights, homestead rights of small
and ownership of land, with due regard to settlers and the rights of indigenous
the rights of landowners to just communities to their ancestral lands.
compensation and to the ecological needs
of the nation, shall be undertaken to The State may resettle landless farmers
provide farmers and farmworkers with and farmworkers in its own agricultural
the opportunity to enhance their dignity estates, which shall be distributed to
and improve the quality of their lives them in the manner provided by law.
through greater productivity of
agricultural lands. By means of appropriate incentives, the
State shall encourage the formation and
The agrarian reform program is founded maintenance of economic-size family
on the right of farmers and regular farms to be constituted by individual
farmworkers, who are landless, to own beneficiaries and small landowners.
directly or collectively the lands they till
or, in the case of other farm workers, to The State shall protect the rights of
receive a just share of the fruits thereof. subsistence fishermen, especially of local
To this end, the State shall encourage and communities, to the preferential use of
undertake the just distribution of all communal marine and fishing resources,
agricultural lands, subject to the priorities both inland and offshore.t shall provide
and retention limits set forth in this Act, support to such fishermen through
having taken into account ecological, appropriate technology and research,
developmental, and equity considerations, adequate financial, production and
and subject to the payment of just marketing assistance and other services.
compensation. The State shall respect the The State shall also protect, develop and
right of small landowners, and shall conserve such resources. The protection
provide incentives for voluntary land- shall extend to offshore fishing grounds of
sharing. subsistence fishermen against foreign
intrusion. Fishworkers shall receive a just
The State shall recognize the right of share from their labor in the utilization of
farmers, farmworkers and landowners, as marine and fishing resources.
well as cooperatives and other
independent farmers' organizations, to The State shall be guided by the
participate in the planning, organization, principles that land has a social function
and management of the program, and and land ownership has a social
shall provide support to agriculture responsibility. Owners of agricultural
through appropriate technology and lands have the obligation to cultivate
research, and adequate financial directly or through labor administration

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the lands they own and thereby make the processes affecting their rights and
land productive. benefits as may be provided by law.

The State shall provide incentives to The State shall promote the principle
landowners to invest the proceeds of the of shared responsibility between
agrarian reform program to promote workers and employers and the
industrialization, employment and preferential use of voluntary modes
privatization of public sector enterprises. in settling disputes, including
Financial instruments used as payment conciliation, and shall enforce their
for lands shall contain features that shall mutual compliance therewith to foster
enhance negotiability and acceptability in industrial peace.
the marketplace.
The State shall regulate the relations
The State may lease undeveloped lands of between workers and employers,
the public domain to qualified entities for recognizing the right of labor to its just
the development of capital-intensive share in the fruits of production and the
farms, and traditional and pioneering right of enterprises to reasonable returns
crops especially those for exports subject to investments, and to expansion and
to the prior rights of the beneficiaries growth.
under this Act.
- PD 442 – Labor Code of the Philippines
h. Protection to labor (Article II, Section
18) Article 3. Declaration of basic policy. —
The State shall afford protection to
Section 18. The State affirms labor as a labor, promote full employment,
primary social economic force. It shall ensure equal work opportunities
protect the rights of workers and promote regardless of sex, race or creed and
their welfare. regulate the relations between
workers and employers. The State
(Article XIII, Section 3) shall assure the rights of workers to
self-organization, collective
Section 3. The State shall afford full bargaining, security of tenure, and
protection to labor, local and overseas, just and humane conditions of work.
organized and unorganized, and
promote full employment and i. Promotion of health and ecology (Article
equality of employment II, Sections 15 and 16)
opportunities for all.
Section 15. The State shall protect and
It shall guarantee the rights of all promote the right to health of the
workers to self-organization, people and instill health consciousness
collective bargaining and among them.
negotiations, and peaceful concerted
activities, including the right to Section 16. The State shall protect and
strike in accordance with law. They shall advance the right of the people to a
be entitled to security of tenure, balanced and healthful ecology in
humane conditions of work, and a accord with the rhythm and harmony of
living wage. They shall also participate nature.
in policy and decision-making

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(Article XIII, Section 11) attainment of an environmental quality that

is conducive to a life of dignity and well-
Section 11. The State shall adopt an being.” As its goal, it speaks of the
integrated and comprehensive “responsibilities of each generation as trustee
and guardian of the environment for
approach to health development
succeeding generations.” The latter statute, on
which shall endeavor to make essential the other hand, gave flesh to the said policy.
goods, health and other social services
available to all the people at affordable Thus, the right of the petitioners (and all
cost. There shall be priority for the needs those they represent) to a balanced and
of the under-privileged, sick, elderly, healthful ecology is as clear as the DENR’s
disabled, women, and children. The State duty—under its mandate and by virtue of its
shall endeavor to provide free medical powers and functions under E.O. No. 192 and
care to paupers. the Administrative Code of 1987—to protect
and advance the said right.
Oposa v. Factoran, Jr.
G. R. No. 101083, 30 July 1993 A denial or violation of that right by the other
224 SCRA 792 who has the correlative duty or obligation to
respect or protect the same gives rise to a
Facts: cause of action. Petitioners maintain that the
Petitioners, who were minors, being granting of the TLAs, which they claim was
represented by their parents and guardians, done with grave abuse of discretion, violated
who represent their generation as well as their right to a balanced and healthful
generation yet unborn, filed a petition to ecology; hence, the full protection thereof
enforce the protection of the environment due requires that no further TLAs should be
to the massive deforestation and abuse of renewed or granted.
natural resources resulting in natural
disasters. Then DENR Secretary Factoran - RA 7277 – Magna Carta for Disabled
contended that the petitioners have no cause Persons (amended as persons with
of action and the issue is a political question. disabilities by RA 9442)

Issue: Section 2.Declaration of Policy. —The

Whether or not the minors have legal grant of the rights and privileges for
standing on filing a petition involving the persons with disability shall be guided by
right to a healthful and balanced ecology.
the following principles:
Held:
Yes. (a) Persons with disability are part of
It may, however, be recalled that even before Philippine society, thus the State shall
the ratification of the 1987 Constitution, give full support to the improvement of
specific statutes already paid special attention the total well-being of persons with
to the “environmental right” of the present disability and their integration into the
and future generations. On 6 June 1977, P.D. mainstream of society. Toward this end,
No. 1151 (Philippine Environmental Policy) the State shall adopt policies ensuring the
and P.D. No. 1152 (Philippine Environment rehabilitation, self-development and self-
Code) were issued. The former “declared a
reliance of persons with disability. It shall
continuing policy of the State (a) to create,
develop, maintain and improve conditions develop their skills and potentials to
under which man and nature can thrive in enable them to compete favorably for
productive and enjoyable harmony with each available opportunities.
other, (b) to fulfill the social, economic and
other requirements of present and future (b) Persons with disability have the same
generations of Filipinos, and (c) to insure the rights as other people to take their proper

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place in society. They should be able to encourages private enterprise, and

live freely and as independently as provides incentives to needed
possible. This must be the concern of investments.
everyone — the family, community and all
government and nongovernment k. Role of the private sector (Article II,
organizations. Persons with disability's Section 20)
rights must never be perceived as welfare
services by the Government. Section 20. The State recognizes the
indispensable role of the private
(c) The rehabilitation of the persons with sector, encourages private enterprise,
disability shall be the concern of the and provides incentives to needed
Government in order to foster their investments.
capacity to attain a more meaningful,
productive and satisfying life. To reach l. Role of People’s Organizations (Article
out to a greater number of persons with II, Section 23)
disability, the rehabilitation services and
benefits shall be expanded beyond the Section 23. The State shall encourage
traditional urban-based centers to non-governmental, community-based,
community based programs, that will or sectoral organizations that promote
ensure full participation of different the welfare of the nation.
sectors as supported by national and local
government agencies. (Article XIII, Sections 15-16)

(d) The State also recognizes the role of Section 15. The State shall respect the
the private sector in promoting the role of independent people's
welfare of persons with disability and organizations to enable the people to
shall encourage partnership in programs pursue and protect, within the democratic
that address their needs and concerns. framework, their legitimate and collective
interests and aspirations through
(e) To facilitate integration of persons peaceful and lawful means.
with disability into the mainstream of
society, the State shall advocate for and People's organizations are bona fide
encourage respect for persons with associations of citizens with demonstrated
disability. The State shall exert all efforts capacity to promote the public interest
to remove all social, cultural, economic, and with identifiable leadership,
environmental and attitudinal barriers membership, and structure.
that are prejudicial to persons with
disability. Section 16. The right of the people and
their organizations to effective and
j. Self-reliant and independent economic reasonable participation at all levels
order (Article II, Sections 19-20) of social, political, and economic
decision-making shall not be abridged.
Section 19. The State shall develop a The State shall, by law, facilitate the
self-reliant and independent national establishment of adequate consultation
economy effectively controlled by mechanisms.
Filipinos.
3. The family and role of the youth(Article
Section 20. The State recognizes the II, Sections 12 and 13)
indispensable role of the private sector,

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special protection from all forms of

Section 12. The State recognizes the neglect, abuse, cruelty, exploitation and
sanctity of family life and shall other conditions prejudicial to their
protect and strengthen the family as development;
a basic autonomous social
institution. It shall equally protect the (3) The right of the family to a family
life of the mother and the life of the living wage and income; and
unborn from conception. The natural
and primary right and duty of (4) The right of families or family
parents in the rearing of the youth associations to participate in the planning
for civic efficiency and the and implementation of policies and
development of moral character shall programs that affect them.
receive the support of the Government.
Section 4. The family has the duty to care
Section 13. The State recognizes the vital for its elderly members but the State may
role of the youth in nation-building also do so through just programs of social
and shall promote and protect their security.
physical, moral, spiritual, intellectual,
and social well-being. It shall inculcate in a. Family as a basic autonomous social
the youth patriotism and nationalism, institution
and encourage their involvement in public
and civic affairs. - EO 209 – Family Code of the Philippines

(Article XV, Sections 1-4) WHEREAS, almost four decades have

passed since the adoption of the Civil
Article XV Code of the Philippines;
THE FAMILY
WHEREAS, experience under said Code
Section 1. The State recognizes the as well as pervasive changes and
Filipino family as the foundation of development have necessitated revision of
the nation. Accordingly, it shall its provisions on marriage and family
strengthen its solidarity and actively relations to bring them closer to Filipino
promote its total development. customs, values and ideals and reflect
contemporary trends and conditions;
Section 2. Marriage, as an inviolable
social institution, is the foundation of WHEREAS, there is need to implement
the family and shall be protected by policies embodied in the new Constitution
the State. that strengthen marriage and the family
as basic social institutions and ensure
Section 3. The State shall defend: equality between men and women;

(1) The right of spouses to found a family Article 1. Marriage is a special contract of
in accordance with their religious permanent union between a man and a
convictions and the demands of woman entered into in accordance with
responsible parenthood; the law for the establishment of conjugal
and family life. It is the foundation of the
(2) The right of children to assistance, family and an inviolable social institution
including proper care and nutrition, and whose nature, consequences, and
incidents are governed by law and not

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subject to stipulation, except that The child is not a mere creature of the
marriage settlements may fix the State. Hence, his individual traits and
property relations during the marriage aptitudes should be cultivated to the
within the limits provided by this Code. utmost insofar as they do not conflict with
(52a) the general welfare.

Republic vs. Albios The molding of the character of the child

G. R. No. 198780, 16 October 2013 starts at the home. Consequently, every
707 SCRA 584 member of the family should strive to
make the home a wholesome and
Facts:
harmonious place as its atmosphere and
Liberty Albios and Daniel Lee Fringer were
married before an MeTC Judge in
conditions will greatly influence the
Mandaluyong City. Later on, Albios filed a child's development.
petition for declaration of nullity of her
marriage with Fringer. She alleged that Attachment to the home and strong
immediately after their marriage, they family ties should be encouraged but not
separated and never lived as husband and to the extent of making the home isolated
wife because they never really had any and exclusive and unconcerned with the
intention of entering into a married state or interests of the community and the
complying with any of their essential marital country.
obligations. She described their marriage as
one made in jest and, therefore, null and void
ab initio. The RTC declared their marriage The natural right and duty of parents in
void ab initio and affirmed by the CA. the rearing of the child for civic efficiency
should receive the aid and support of the
Issue: government.
Whether or not the marriage is void.
Other institutions, like the school, the
Held: church, the guild, and the community in
No. general, should assist the home and the
No less than our Constitution declares that State in the endeavor to prepare the child
marriage, as an inviolable social institution, is
for the responsibilities of adulthood.
the foundation of the family and shall be
protected by the State. It must, therefore, be
safeguarded from the whims and caprices of - RA 7610 - Special Protection of Children
the contracting parties. This Court cannot Against Abuse, Exploitation and
leave the impression that marriage may easily Discrimination Act
be entered into when it suits the needs of the
parties, and just as easily nullified when no Section 2. Declaration of State Policy and
longer needed. Principles. – It is hereby declared to be
the policy of the State to provide special
- PD 603 – Child and Youth Welfare Code protection to children from all firms of
abuse, neglect, cruelty exploitation and
Article 1. Declaration of Policy. - The discrimination and other conditions,
Child is one of the most important assets prejudicial their development; provide
of the nation. Every effort should be sanctions for their commission and carry
exerted to promote his welfare and out a program for prevention and
enhance his opportunities for a useful and deterrence of and crisis intervention in
happy life. situations of child abuse, exploitation and
discrimination. The State shall intervene
on behalf of the child when the parent,

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guardian, teacher or person having care Declaration of Human Rights, the

or custody of the child fails or is unable to convention on the Elimination of all forms
protect the child against abuse, of discrimination Against Women,
exploitation and discrimination or when Convention on the Rights of the Child and
such acts against the child are committed other international human rights
by the said parent, guardian, teacher or instruments of which the Philippines is a
person having care and custody of the party.
same.
b. Protection of the mother and the unborn
It shall be the policy of the State to (Article II, Section 12)
protect and rehabilitate children gravely
threatened or endangered by Section 12. The State recognizes the
circumstances which affect or will affect sanctity of family life and shall protect
their survival and normal development and strengthen the family as a basic
and over which they have no control. autonomous social institution. It shall
equally protect the life of the mother
The best interests of children shall be the and the life of the unborn from
paramount consideration in all actions conception. The natural and primary
concerning them, whether undertaken by right and duty of parents in the rearing of
public or private social welfare the youth for civic efficiency and the
institutions, courts of law, administrative development of moral character shall
authorities, and legislative bodies, receive the support of the Government.
consistent with the principle of First Call
for Children as enunciated in the United - RA 10354 – Reproductive Health and
Nations Convention of the Rights of the Responsible Parenthood Act (2012)
Child. Every effort shall be exerted to
promote the welfare of children and Section 2. Declaration of Policy. – The
enhance their opportunities for a useful State recognizes and guarantees the
and happy life. human rights of all persons including
their right to equality and
- RA 9262 – Anti Violence Against nondiscrimination of these rights, the
Women and their Children (2004) right to sustainable human development,
the right to health which includes
Section 2. Declaration of Policy. - It is reproductive health, the right to
hereby declared that the State values the education and information, and the right
dignity of women and children and to choose and make decisions for
guarantees full respect for human rights. themselves in accordance with their
The State also recognizes the need to religious convictions, ethics, cultural
protect the family and its members beliefs, and the demands of responsible
particularly women and children, from parenthood.
violence and threats to their personal
safety and security. Pursuant to the declaration of State
policies under Section 12, Article II of the
Towards this end, the State shall exert 1987 Philippine Constitution, it is the
efforts to address violence committed duty of the State to protect and
against women and children in keeping strengthen the family as a basic
with the fundamental freedoms autonomous social institution and equally
guaranteed under the Constitution and protect the life of the mother and the life
the Provisions of the Universal of the unborn from conception. The State

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shall protect and promote the right to and implementation of policies and
health of women especially mothers in programs
particular and of the people in general
and instill health consciousness among The State likewise guarantees universal
them. The family is the natural and access to medically-safe, non-
fundamental unit of society. The State abortifacient, effective, legal, affordable,
shall likewise protect and advance the and quality reproductive health care
right of families in particular and the services, methods, devices, supplies which
people in general to a balanced and do not prevent the implantation of a
healthful environment in accord with the fertilized ovum as determined by the Food
rhythm and harmony of nature. The State and Drug Administration (FDA) and
also recognizes and guarantees the relevant information and education
promotion and equal protection of the thereon according to the priority needs of
welfare and rights of children, the youth, women, children and other
and the unborn. underprivileged sectors, giving
preferential access to those identified
Moreover, the State recognizes and through the National Household
guarantees the promotion of gender Targeting System for Poverty Reduction
equality, gender equity, women (NHTS-PR) and other government
empowerment and dignity as a health and measures of identifying marginalization,
human rights concern and as a social who shall be voluntary beneficiaries of
responsibility. The advancement and reproductive health care, services and
protection of women’s human rights shall supplies for free.
be central to the efforts of the State to
address reproductive health care. The State shall eradicate discriminatory
practices, laws and policies that infringe
The State recognizes marriage as an on a person’s exercise of reproductive
inviolable social institution and the health rights.
foundation of the family which in turn is
the foundation of the nation. Pursuant The State shall also promote openness to
thereto, the State shall defend: life; Provided, That parents bring forth to
the world only those children whom they
(a) The right of spouses to found a family can raise in a truly humane way.
in accordance with their religious
convictions and the demands of Imbong vs. Ochoa, Jr.
responsible parenthood; G. R. No. 204819, 8 April 2014
721 SCRA 146
(b) The right of children to assistance,
Facts:
including proper care and nutrition, and
James Imbong and other petitioners
special protection from all forms of questioned the constitutionality and validity
neglect, abuse, cruelty, exploitation, and of Republic Act No. 10354 or the Reproductive
other conditions prejudicial to their Health Act of 2012 on the following grounds:
development; violation on the right to life of the unborn,
right to health and protection against
(c) The right of the family to a family hazardous products, right to religious
living wage and income; and freedom, right to marital privacy in the
family, and among others indicated under
(d) The right of families or family their petitions.
associations to participate in the planning

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Issues: methods evolved from being a component of

Whether or not the RH Law is demographic management, to one centered on
unconstitutional on the following provisions: the promotion of public health, particularly,
1. Right to Life reproductive health.
2. Right to Health
3. Freedom of Religion and the Right to Free This has resulted in the enactment of various
Speech measures promoting women’s rights and
4. The Family health and the overall promotion of the
5. Freedom of Expression and Academic family’s well -being. Thus, aside from R.A. No.
Freedom 4729, R.A. No. 6365 or “The Population Act of
6. Due Process the Philippines” and R.A. No. 9710, otherwise
7. Equal Protection known as the “The Magna Carta of Women”
8. Involuntary Servitude were legislated. Notwithstanding this
9. Delegation of authority to the FDA paradigm shift, the Philippine national
10. Autonomy of Local Governments/ARMM population program has always been
grounded two cornerstone principles:
Held: “principle of no-abortion” and the “principle of
1. No. non-coercion.” As will be discussed later, these
It is a universally accepted principle that principles are not merely grounded on
every human being enjoys the right to life. administrative policy, but rather, originates
Even if not formally established, the right to from the constitutional protection expressly
life, being grounded on natural law, is provided to afford protection to life and
inherent and, therefore, not a creation of, or guarantee religious freedom.
dependent upon a particular law, custom, or
belief. It precedes and transcends any When Life Begins
authority or the laws of men.
Majority of the Members of the Court are of
In this jurisdiction, the right to life is given the position that the question of when life
more than ample protection. Section 1, Article begins is a scientific and medical issue that
III of the Constitution provides: should not be decided, at this stage, without
proper hearing and evidence. During the
Section 1. No person shall be deprived of life, deliberation, however, it was agreed upon that
liberty, or property without due process of the individual members of the Court could
law, nor shall any person be denied the equal express their own views on this matter.
protection of the laws.
In this regard, the ponente, is of the strong
As expounded earlier, the use of view that life begins at fertilization. In
contraceptives and family planning methods answering the question of when life begins,
in the Philippines is not of recent vintage. focus should be made on the particular phrase
From the enactment of R.A. No. 4729, entitled of Section 12 which reads:
“An Act To Regulate The Sale, Dispensation,
and/or Distribution of Contraceptive Drugs Section 12. The State recognizes the sanctity
and Devices” on June 18, 1966, prescribing of family life and shall protect and strengthen
rules on contraceptive drugs and devices the family as a basic autonomous social
which prevent fertilization, to the promotion institution. It shall equally protect the life of
of male vasectomy and tubal ligation, and the the mother and the life of the unborn from
ratification of numerous international conception. The natural and primary right
agreements, the country has long recognized and duty of parents in the rearing of the youth
the need to promote population control for civic efficiency and the development of
through the use of contraceptives in order to moral character shall receive the support of
achieve longterm economic development. the Government.
Through the years, however, the use of
contraceptives and other family planning

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Textually, the Constitution affords protection couched express the objective sought to be
to the unborn from conception. This is attained; and second, because the
undisputable because before conception, there Constitution is not primarily a lawyer’s
is no unborn to speak of. For said reason, it is document but essentially that of the people, in
no surprise that the Constitution is mute as to whose consciousness it should ever be present
any proscription prior to conception or when as an important condition for the rule of law
life begins. The problem has arisen because, to prevail.
amazingly, there are quarters who have
conveniently disregarded the scientific fact In conformity with the above principle, the
that conception is reckoned from fertilization. traditional meaning of the word “conception”
They are waving the view that life begins at which, as described and defined by all reliable
implantation. Hence, the issue of when life and reputable sources, means that life begins
begins. at fertilization. Webster’s Third New
International Dictionary describes it as the
In a nutshell, those opposing the RH Law act of becoming pregnant, formation of a
contend that conception is synonymous with viable zygote; the fertilization that results in a
“fertilization” of the female ovum by the male new entity capable of developing into a being
sperm. On the other side of the spectrum are like its parents. Black’s Law Dictionary gives
those who assert that conception refers to the legal meaning to the term “conception” as the
“implantation” of the fertilized ovum in the fecundation of the female ovum by the male
uterus. spermatozoon resulting in human life capable
of survival and maturation under normal
Plain and Legal Meaning conditions.

It is a canon in statutory construction that the Even in jurisprudence, an unborn child has
words of the Constitution should be already a legal personality. In Continental
interpreted in their plain and ordinary Steel Manufacturing Corporation v. Hon.
meaning. As held in the recent case of Chavez Accredited Voluntary Arbitrator Allan S.
v. Judicial Bar Council: Montaño, it was written:

One of the primary and basic rules in Life is not synonymous with civil personality.
statutory construction is that where the words One need not acquire civil personality first
of a statute are clear, plain, and free from before he/she could die. Even a child inside the
ambiguity, it must be given its literal meaning womb already has life. No less than the
and applied without attempted interpretation. Constitution recognizes the life of the unborn
It is a well-settled principle of constitutional from conception, that the State must protect
construction that the language employed in equally with the life of the mother. If the
the Constitution must be given their ordinary unborn already has life, then the cessation
meaning except where technical terms are thereof even prior to the child being delivered,
employed. As much as possible, the words of qualifies as death. [Emphases in the original]
the Constitution should be understood in the
sense they have in common use. What it says In Gonzales v. Carhart, Justice Anthony
according to the text of the provision to be Kennedy, writing for the US Supreme Court,
construed compels acceptance and negates the said that the State “has respect for human life
power of the courts to alter it, based on the at all stages in the pregnancy” and “a
postulate that the framers and the people legitimate and substantial interest in
mean what they say. Verba legis non est preserving and promoting fetal life.”
recedendum — from the words of a statute Invariably, in the decision, the fetus was
there should be no departure. referred to, or cited, as a baby or a child.

The raison d’ être for the rule is essentially Medical Meaning

two-fold: First, because it is assumed that the
words in which constitutional provisions are

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That conception begins at fertilization is not “moment of conception.” This conclusion is

bereft of medical foundation. Mosby’s Medical, objective, consistent with the factual evidence,
Nursing, and Allied Health Dictionary defines and independent of any specific ethical, moral,
conception as “the beginning of pregnancy political, or religious view of human life or of
usually taken to be the instant a human embryos.
spermatozoon enters an ovum and forms a
viable zygote.” It describes fertilization as “the Conclusion: The Moment of Conception is
union of male and female gametes to form a Reckoned from Fertilization
zygote from which the embryo develops.”
In all, whether it be taken from a plain
The Textbook of Obstetrics (Physiological & meaning, or understood under medical
Pathological Obstetrics), used by medical parlance, and more importantly, following the
schools in the Philippines, also concludes that intention of the Framers of the Constitution,
human life (human person) begins at the the undeniable conclusion is that a zygote is a
moment of fertilization with the union of the human organism and that the life of a new
egg and the sperm resulting in the formation human being commences at a scientifically
of a new individual, with a unique genetic well-defined moment of conception, that is,
composition that dictates all developmental upon fertilization.
stages that ensue.
For the above reasons, the Court cannot
Similarly, recent medical research on the subscribe to the theory advocated by Hon.
matter also reveals that: “Human Lagman that life begins at implantation.
development begins after the union of male According to him, “fertilization and conception
and female gametes or germ cells during a are two distinct and successive stages in the
process known as fertilization (conception). reproductive process. They are not identical
Fertilization is a sequence of events that and synonymous.” Citing a letter of the WHO,
begins with the contact of a sperm he wrote that “medical authorities confirm
(spermatozoon) with a secondary oocyte that the implantation of the fertilized ovum is
(ovum) and ends with the fusion of their the commencement of conception and it is only
pronuclei (the haploid nuclei of the sperm and after implantation that pregnancy can be
ovum) and the mingling of their chromosomes medically detected.”
to form a new cell. This fertilized ovum,
known as a zygote, is a large diploid cell that This theory of implantation as the beginning
is the beginning, or primordium, of a human of life is devoid of any legal or scientific
being.” mooring. It does not pertain to the beginning
of life but to the viability of the fetus.
The authors of Human Embryology & The fertilized ovum/zygote is not an inanimate
Teratology mirror the same position. They object — it is a living human being complete
wrote: “Although life is a continuous process, with DNA and 46 chromosomes. Implantation
fertilization is a critical landmark because, has been conceptualized only for convenience
under ordinary circumstances, a new, by those who had population control in mind.
genetically distinct human organism is To adopt it would constitute textual infidelity
thereby formed.... The combination of 23 not only to the RH Law but also to the
chromosomes present in each pronucleus Constitution. Not surprisingly, even the OSG
results in 46 chromosomes in the zygote. Thus does not support this position.
the diploid number is restored and the
embryonic genome is formed. The embryo now If such theory would be accepted, it would
exists as a genetic unity.” unnervingly legitimize the utilization of any
drug or device that would prevent the
The scientific evidence supports the implantation of the fetus at the uterine wall.
conclusion that a zygote is a human organism It would be provocative and further aggravate
and that the life of a new human being religious-based divisiveness.
commences at a scientifically well defined

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It would legally permit what the Constitution HEALTH

proscribes — abortion and abortifacients.
Section 11. The State shall adopt an
The RH Law and Abortion integrated and comprehensive approach to
health development which shall endeavor to
The clear and unequivocal intent of the make essential goods, health and other social
Framers of the 1987 Constitution in services available to all the people at
protecting the life of the unborn from affordable cost. There shall be priority for the
conception was to prevent the Legislature needs of the underprivileged, sick, elderly,
from enacting a measure legalizing abortion. disabled, women, and children. The State
It was so clear that even the Court cannot shall endeavor to
interpret it otherwise. This intent of the provide free medical care to paupers.
Framers was captured in the record of the
proceedings of the 1986 Constitutional Section 12. The State shall establish and
Commission. Commissioner Bernardo maintain an effective food and drug regulatory
Villegas, the principal proponent of the system and undertake appropriate health,
protection of the unborn from conception, manpower development, and research,
explained: responsive to the country’s health needs and
problems.
The intention...is to make sure that there
would be no pro - abortion laws ever passed by Section 13. The State shall establish a special
Congress or any pro-abortion decision passed agency for disabled person for their
by the Supreme Court. rehabilitation, self-development, and self-
reliance, and their integration into the
A reading of the RH Law would show that it is mainstream of society.
in line with this intent and actually proscribes
abortion. While the Court has opted not to Finally, Section 9, Article XVI provides:
make any determination, at this stage, when
life begins, it finds that the RH Law itself Section 9. The State shall protect consumers
clearly mandates that protection be afforded from trade malpractices and from
from the moment of fertilization. As pointed substandard or hazardous products.
out by Justice Carpio, the RH Law is replete
with provisions that embody the policy of the Contrary to the respondent’s notion, however,
law to protect to the fertilized ovum and that these provisions are self-executing. Unless the
it should be afforded safe travel to the uterus provisions clearly express the contrary, the
for implantation. provisions of the Constitution should be
considered self-executory. There is no need for
2. No. legislation to implement these self-executing
A component to the right to life is the provisions.
constitutional right to health. In this regard,
the Constitution is replete with provisions This notwithstanding, it bears mentioning
protecting and promoting the right to health. that the petitioners, particularly ALFI, do not
Section 15, Article II of the Constitution question contraception and contraceptives per
provides: se. In fact, ALFI prays that the status quo —
under R.A. No. 5921 and R.A. No. 4729, the
Section 15. The State shall protect and sale and distribution of contraceptives are not
promote the right to health of the people and prohibited when they are dispensed by a
instill health consciousness among them. prescription of a duly licensed by a physician
— be maintained. The legislative intent in the
A portion of Article XIII also specifically enactment of the RH Law in this regard is to
provides for the States’ duty to provide for the leave intact the provisions of R.A. No. 4729.
health of the people, viz.: There is no intention at all to do away with it.
It is still a good law and its requirements are

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still in to be complied with. Thus, the Court the mandatory “shall” is to be construed as
agrees with the observation of respondent operative only after they have been tested,
Lagman that the effectivity of the RH Law evaluated, and approved by the FDA. The
will not lead to the unmitigated proliferation FDA, not Congress, has the expertise to
of contraceptives since the sale, distribution determine whether a particular hormonal
and dispensation of contraceptive drugs and contraceptive or intrauterine device is safe
devices will still require the prescription of a and non-abortifacient. The provision of the
licensed physician. With R.A. No. 4729 in third sentence concerning the requirements
place, there exists adequate safeguards to for the inclusion or removal of a particular
ensure the public that only contraceptives family planning supply from the EDL
that are safe are made available to the public. supports this construction.

Thus, in the distribution by the DOH of Stated differently, the provision in Section 9
contraceptive drugs and devices, it must covering the inclusion of hormonal
consider the provisions of R.A. No. 4729, contraceptives, intrauterine devices,
which is still in effect, and ensure that the injectables, and other safe, legal, non-
contraceptives that it will procure shall be abortifacient and effective family planning
from a duly licensed drug store or products and supplies by the
pharmaceutical company and that the actual National Drug Formulary in the EDL is not
dispensation of these contraceptive drugs and mandatory.
devices will done following a prescription of a
qualified medical practitioner. The There must first be a determination by the
distribution of contraceptive drugs and FDA that they are in fact safe, legal, non-
devices must not be indiscriminately done. abortifacient and effective family planning
The public health must be protected by all products and supplies. There can be no
possible means. As pointed out by Justice De predetermination by Congress that the gamut
Castro, a heavy responsibility and burden are of contraceptives are “safe, legal, non-
assumed by the government in supplying abortifacient and effective” without the proper
contraceptive drugs and devices, for it may be scientific examination.
held accountable for any injury, illness or loss
of life resulting from or incidental to their use. 3. No.
In the case at bench, it is not within the
At any rate, it bears pointing out that not a province of the Court to determine whether
single contraceptive has yet been submitted to the use of contraceptives or one’s participation
the FDA pursuant to the RH Law. It behooves in the support of modern reproductive health
the Court to await its determination which measures is moral from a religious standpoint
drugs or devices are declared by the FDA as or whether the same is right or wrong
safe, it being the agency tasked to ensure that according to one’s dogma or belief. For the
food and medicines available to the public are Court has declared that matters dealing with
safe for public consumption. Consequently, “faith, practice, doctrine, form of worship,
the Court finds that, at this point, the attack ecclesiastical law, custom and rule of a
on the RH Law on this ground is premature. church...are unquestionably ecclesiastical
Indeed, the various kinds of contraceptives matters which are outside the province of the
must first be measured up to the civil courts.” The jurisdiction of the Court
constitutional yardstick as expounded herein, extends only to public and secular morality.
to be determined as the case presents itself. Whatever pronouncement the Court makes in
the case at bench should be understood only in
At this point, the Court is of the strong view this realm where it has authority. Stated
that Congress cannot legislate that hormonal otherwise, while the Court stands without
contraceptives and intrauterine devices are authority to rule on ecclesiastical matters, as
safe and non-abortifacient. The first sentence vanguard of the Constitution, it does have
of Section 9 that ordains their inclusion by the authority to determine whether the RH Law
National Drug Formulary in the EDL by using

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contravenes the guarantee of religious and their religious convictions. [Section 3(e),
freedom. Declaration of Policy]

At first blush, it appears that the RH Law 4. The State shall promote programs that: (1)
recognizes and respects religion and religious enable individuals and couples to have the
beliefs and convictions. It is replete with number of children they desire with due
assurances the no one can be compelled to consideration to the health, particularly of
violate the tenets of his religion or defy his women, and the resources available and
religious convictions against his free will. affordable to them and in accordance with
Provisions in the RH Law respecting religious existing laws, public morals and their
freedom are the following: religious convictions. [Section 3(f)]

1. The State recognizes and guarantees the 5. The State shall respect individuals’
human rights of all persons including their preferences and choice of family planning
right to equality and nondiscrimination of methods that are in accordance with their
these rights, the right to sustainable human religious convictions and cultural beliefs,
development, the right to health which taking into consideration the State’s
includes reproductive health, the right to obligations under various human rights
education and information, and the right to instruments. [Section 3(h)]
choose and make decisions for themselves in
accordance with their religious convictions, 6. Active participation by nongovernment
ethics, cultural beliefs, and the demands of organizations (NGOs), women’s and people’s
responsible parenthood. [Section 2, organizations, civil society, faith-based
Declaration of Policy] organizations, the religious sector and
communities is crucial to ensure that
2. The State recognizes marriage as an reproductive health and population and
inviolable social institution and the development policies, plans, and programs
foundation of the family which in turn is the will address the priority needs of women, the
foundation of the nation. Pursuant thereto, poor, and the marginalized. [Section 3(i)]
the State shall defend:
7. Responsible parenthood refers to the will
(a) The right of spouses to found a family in and ability of a parent to respond to the needs
accordance with their religious convictions and aspirations of the family and children. It
and the demands of responsible parenthood.” is likewise a shared responsibility between
[Section 2, Declaration of Policy] parents to determine and achieve the desired
number of children, spacing and timing of
3. The State shall promote and provide their children according to their own family
information and access, without bias, to all life aspirations, taking into account
methods of family planning, including psychological preparedness, health status,
effective natural and modern methods which sociocultural and economic concerns
have been proven medically safe, legal, non- consistent with their religious convictions.
abortifacient, and effective in accordance with [Section 4(v)] (Emphases supplied)
scientific and evidence-based medical research
standards such as those registered and While the Constitution prohibits abortion,
approved by the FDA for the poor and laws were enacted allowing the use of
marginalized as identified through the NHTS- contraceptives. To some medical practitioners,
PR and other government measures of however, the whole idea of using
identifying marginalization: Provided, That contraceptives is an anathema. Consistent
the State shall also provide funding support to with the principle of benevolent neutrality,
promote modern natural methods of family their beliefs should be respected.
planning, especially the Billings Ovulation
Method, consistent with the needs of acceptors The Establishment Clause and Contraceptives

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In the same breath that the establishment compelling state interest in the
clause restricts what the government can do accomplishment of an important secular
with religion, it also limits what religious objective. Necessarily so, the plea of
sects can or cannot do with the government. conscientious objectors for exemption from the
They can neither cause the government to RH Law deserves no less than strict scrutiny.
adopt their particular doctrines as policy for
everyone, nor can they not cause the In applying the test, the first inquiry is
government to restrict other groups. To do so, whether a conscientious objector’s right to
in simple terms, would cause the State to religious freedom has been burdened. As in
adhere to a particular religion and, thus, Escritor, there is no doubt that an intense tug-
establishing a state religion. of-war plagues a conscientious objector. One
side coaxes him into obedience to the law and
Consequently, the petitioners are misguided the abandonment of his religious beliefs, while
in their supposition that the State cannot the other entices him to a clean conscience yet
enhance its population control program under the pain of penalty. The scenario is an
through the RH Law simply because the illustration of the predicament of medical
promotion of contraceptive use is contrary to practitioners whose religious beliefs are
their religious beliefs. Indeed, the State is not incongruent with what the RH Law promotes.
precluded to pursue its legitimate secular
objectives without being dictated upon by the The Court is of the view that the obligation to
policies of any one religion. One cannot refuse refer imposed by the RH Law violates the
to pay his taxes simply because it will cloud religious belief and conviction of a
his conscience. The demarcation line between conscientious objector. Once the medical
Church and State demands that one render practitioner, against his will, refers a patient
unto Caesar the things that are Caesar’s and seeking information on modern reproductive
unto God the things that are God’s. health products, services, procedures and
methods, his conscience is immediately
The Free Exercise Clause and the Duty to burdened as he has been compelled to perform
Refer an act against his beliefs. As Commissioner
Joaquin A. Bernas (Commissioner Bernas) has
While the RH Law, in espousing state policy written, “at the basis of the free exercise
to promote reproductive health manifestly clause is the respect for the inviolability of the
respects diverse religious beliefs in line with human conscience.”
the Non -Establishment Clause, the same
conclusion cannot be reached with respect to Though it has been said that the act of
Sections 7, 23 and 24 thereof. The said referral is an opt-out clause, it is, however, a
provisions commonly mandate that a hospital false compromise because it makes pro-life
or a medical practitioner to immediately refer health providers complicit in the performance
a person seeking health care and services of an act that they find morally repugnant or
under the law to another accessible healthcare offensive. They cannot, in conscience, do
provider despite their conscientious objections indirectly what they cannot do directly. One
based on religious or ethical beliefs. may not be the principal, but he is equally
guilty if he abets the offensive act by indirect
In a situation where the free exercise of participation. Moreover, the guarantee of
religion is allegedly burdened by government religious freedom is necessarily intertwined
legislation or practice, the compelling state with the right to free speech, it being an
interest test in line with the Court’s espousal externalization of one’s thought and
of the Doctrine of Benevolent Neutrality in conscience. This in turn includes the right to
Escritor, finds application. In this case, the be silent. With the constitutional guarantee of
conscientious objector’s claim to religious religious freedom follows the protection that
freedom would warrant an exemption from should be afforded to individuals in
obligations under the RH Law, unless the communicating their beliefs to others as well
government succeeds in demonstrating a more as the protection for simply being silent. The

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Bill of Rights guarantees the liberty of the Freedom of religion was accorded preferred
individual to utter what is in his mind and the status by the framers of our fundamental law.
liberty not to utter what is not in his mind. And this Court has consistently affirmed this
While the RH Law seeks to provide freedom of preferred status, well aware that it is
choice through informed consent, freedom of “designed to protect the broadest possible
choice guarantees the liberty of the religious liberty of conscience, to allow each man to
conscience and prohibits any degree of believe as his conscience directs, to profess his
compulsion or burden, whether direct or beliefs, and to live as he believes he ought to
indirect, in the practice of one’s religion. live, consistent with the liberty of others and
with the common good.”
In case of conflict between the religious beliefs
and moral convictions of individuals, on one The Court is not oblivious to the view that
hand, and the interest of the State, on the penalties provided by law endeavour to ensure
other, to provide access and information on compliance. Without set consequences for
reproductive health products, services, either an active violation or mere inaction, a
procedures and methods to enable the people law tends to be toothless and ineffectual.
to determine the timing, number and spacing Nonetheless, when what is bartered for an
of the birth of their children, the Court is of effective implementation of a law is a
the strong view that the religious freedom of constitutionally-protected right the Court
health providers, whether public or private, firmly chooses to stamp its disapproval. The
should be accorded primacy. Accordingly, a punishment of a healthcare service provider,
conscientious objector should be exempt from who fails and/or refuses to refer a patient to
compliance with the mandates of the RH Law. another, or who declines to perform
If he would be compelled to act contrary to his reproductive health procedure on a patient
religious belief and conviction, it would be because incompatible religious beliefs, is a
violative of “the principle of non-coercion” clear inhibition of a constitutional guarantee
enshrined in the constitutional right to free which the Court cannot allow.
exercise of religion.
The Implementing Rules and Regulation (RH-
Institutional Health Providers IRR)

The same holds true with respect to non- The last paragraph of Section 5.24 of the RH-
maternity specialty hospitals and hospitals IRR reads:
owned and operated by a religious group and
health care service providers. Considering Provided, That skilled health professional
that Section 24 of the RH Law penalizes such such as provincial, city or municipal health
institutions should they fail or refuse to officers, chiefs of hospital, head nurses,
comply with their duty to refer under Section supervising midwives, among others, who by
7 and Section 23(a)(3), the Court deems that it virtue of their office are specifically charged
must be struck down for being violative of the with the duty to implement the provisions of
freedom of religion. The same applies to the RPRH Act and these Rules, cannot be
Section 23(a)(1) and (a)(2) in relation to considered as conscientious objectors.
Section 24, considering that in the
dissemination of information regarding This is discriminatory and violative of the
programs and services and in the performance equal protection clause. The conscientious
of reproductive health procedures, the objection clause should be equally protective
religious freedom of health care service of the religious belief of public health officers.
providers should be respected. There is no perceptible distinction why they
should not be considered exempt from the
In the case of Islamic Da’wah Council of the mandates of the law. The protection accorded
Philippines, Inc. v. Office of the Executive to other conscientious objectors should equally
Secretary, it was stressed: apply to all medical practitioners without
distinction whether they belong to the public

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or private sector. After all, the freedom to Apparently, in these cases, there is no
believe is intrinsic in every individual and the immediate danger to the life or health of an
protective robe that guarantees its free individual in the perceived scenario of the
exercise is not taken off even if one acquires subject provisions. After all, a couple who
employment in the government. plans the timing, number and spacing of the
birth of their children refers to a future event
It should be stressed that intellectual liberty that is contingent on whether or not the
occupies a place inferior to none in the mother decides to adopt or use the
hierarchy of human values. The mind must be information, product, method or supply given
free to think what it wills, whether in the to her or whether she even decides to become
secular or religious sphere, to give expression pregnant at all. On the other hand, the
to its beliefs by oral discourse or through the burden placed upon those who object to
media and, thus, seek other candid views in contraceptive use is immediate and occurs the
occasions or gatherings or in more permanent moment a patient seeks consultation on
aggrupation. Embraced in such concept then reproductive health matters.
are freedom of religion, freedom of speech, of
the press, assembly and petition, and freedom Moreover, granting that a compelling interest
of association. exists to justify the infringement of the
conscientious objector’s religious freedom, the
Compelling State Interest respondents have failed to demonstrate “the
gravest abuses, endangering paramount
The foregoing discussion then begets the interests” which could limit or override a
question on whether the respondents, in person’s fundamental right to religious
defense of the subject provisions, were able to: freedom. Also, the respondents have not
1] demonstrate a more compelling state presented any government effort exerted to
interest to restrain conscientious objectors in show that the means it takes to achieve its
their choice of services to render; and 2] legitimate state objective is the least intrusive
discharge the burden of proof that the means.
obligatory character of the law is the least
intrusive means to achieve the objectives of Other than the assertion that the act of
the law. referring would only be momentary,
considering that the act of referral by a
Resultantly, the Court finds no compelling conscientious objector is the very action being
state interest which would limit the free contested as violative of religious freedom, it
exercise clause of the conscientious objectors, behooves the respondents to demonstrate that
however few in number. Only the prevention no other means can be undertaken by the
of an immediate and grave danger to the State to achieve its objective without violating
security and welfare of the community can the rights of the conscientious objector. The
justify the infringement of religious freedom. health concerns of women may still be
If the government fails to show the addressed by other practitioners who may
seriousness and immediacy of the threat, perform reproductive health-related
State intrusion is constitutionally procedures with open willingness and
unacceptable. motivation. Suffice it to say, a person who is
forced to perform an act in utter reluctance
Freedom of religion means more than just the deserves the protection of the Court as the
freedom to believe. It also means the freedom last vanguard of constitutional freedoms.
to act or not to act according to what one
believes. And this freedom is violated when Exception: Life Threatening Cases
one is compelled to act against one’s belief or
is prevented from acting according to one’s All this notwithstanding, the Court properly
belief. recognizes a valid exception set forth in the
law. While generally healthcare service
providers cannot be forced to render

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reproductive health care procedures if doing it find unacceptable, and retain the freedom to
would contravene their religious beliefs, an decide on matters of family life without the
exception must be made in life-threatening intervention of the State.
cases that require the performance of
emergency procedures. In these situations, the 4. No.
right to life of the mother should be given In this case, the RH Law, in its not-so-hidden
preference, considering that a referral by a desire to control population growth, contains
medical practitioner would amount to a denial provisions which tend to wreck the family as a
of service, resulting to unnecessarily placing solid social institution. It bars the husband
the life of a mother in grave danger. Thus, and/or the father from participating in the
during the oral arguments, Atty. Liban, decision-making process regarding their
representing CFC, manifested: “the forced common future progeny. It likewise deprives
referral clause that we are objecting on the parents of their authority over their minor
grounds of violation of freedom of religion does daughter simply because she is already a
not contemplate an emergency.” parent or had suffered a miscarriage.

In a conflict situation between the life of the The Family and Spousal Consent
mother and the life of a child, the doctor is
morally obliged always to try to save both Section 23(a)(2)(i) of the RH Law states:
lives. If, however, it is impossible, the
resulting death to one should not be The following acts are prohibited:
deliberate.
(a) Any health care service provider, whether
Accordingly, if it is necessary to save the life public or private, who shall: ...
of a mother, procedures endangering the life of
the child may be resorted to even if is against (2) refuse to perform legal and medically-safe
the religious sentiments of the medical reproductive health procedures on any person
practitioner. As quoted above, whatever of legal age on the ground of lack of consent or
burden imposed upon a medical practitioner authorization of the following persons in the
in this case would have been more than following instances:
justified considering the life he would be able
to save. (i) Spousal consent in case of married persons:
provided, That in case of disagreement, the
Family Planning Seminars decision of the one undergoing the procedures
shall prevail. [Emphasis supplied]
Anent the requirement imposed under Section
15 as a condition for the issuance of a The above provision refers to reproductive
marriage license, the Court finds the same to health procedures like tubal litigation and
be a reasonable exercise of police power by the vasectomy which, by their very nature, should
government. A cursory reading of the assailed require mutual consent and decision between
provision bares that the religious freedom of the husband and the wife as they affect issues
the petitioners is not at all violated. All the intimately related to the founding of a family.
law requires is for would-be spouses to attend
a seminar on parenthood, family planning Section 3, Art. XV of the Constitution
breastfeeding and infant nutrition. It does not espouses that the State shall defend the “right
even mandate the type of family planning of the spouses to found a family.” One person
methods to be included in the seminar, cannot found a family. The right, therefore, is
whether they be natural or artificial. As shared by both spouses. In the same Section 3,
correctly noted by the OSG, those who receive their right “to participate in the planning and
any information during their attendance in implementation of policies and programs that
the required seminars are not compelled to affect them” is equally recognized.
accept the information given to them, are
completely free to reject the information they

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The RH Law cannot be allowed to infringe Even if she is not yet emancipated, the
upon this mutual decision- making. By giving parental authority is already cut off just
absolute authority to the spouse who would because there is a need to tame population
undergo a procedure, and barring the other growth.
spouse from participating in the decision
would drive a wedge between the husband and It is precisely in such situations when a minor
wife, possibly result in bitter animosity, and parent needs the comfort, care, advice, and
endanger the marriage and the family, all for guidance of her own parents. The State cannot
the sake of reducing the population. This replace her natural mother and father when it
would be a marked departure from the policy comes to providing her needs and comfort. To
of the State to protect marriage as an say that their consent is no longer relevant is
inviolable social institution. Decision-making clearly anti- family. It does not promote unity
involving a reproductive health procedure is a in the family. It is an affront to the
private matter which belongs to the couple, constitutional mandate to protect and
not just one of them. Any decision they would strengthen the family as an inviolable social
reach would affect their future as a family institution.
because the size of the family or the number of
their children significantly matters. The More alarmingly, it disregards and disobeys
decision whether or not to undergo the the constitutional mandate that “the natural
procedure belongs exclusively to, and shared and primary right and duty of parents in the
by, both spouses as one cohesive unit as they rearing of the youth for civic efficiency and the
chart their own destiny. It is a constitutionally development of moral character shall receive
guaranteed private right. Unless it prejudices the support of the Government.” In this
the State, which has not shown any regard, Commissioner Bernas wrote:
compelling interest, the State should see to it
that they chart their destiny together as one The 1987 provision has added the adjective
family. “primary” to modify the right of parents. It
imports the assertion that the right of parents
The Family and Parental Consent is superior to that of the State. [Emphases
supplied]
Equally deplorable is the debarment of
parental consent in cases where the minor, To insist on a rule that interferes with the
who will be undergoing a procedure, is already right of parents to exercise parental control
a parent or has had a miscarriage. over their minor-child or the right of the
spouses to mutually decide on matters which
Section 7 of the RH law provides: very well affect the very purpose of marriage,
that is, the establishment of conjugal and
SEC. 7. Access to Family Planning.—x x x. family life, would result in the violation of
one’s privacy with respect to his family. It
No person shall be denied information and would be dismissive of the unique and
access to family planning services, whether strongly-held Filipino tradition of maintaining
natural or artificial: Provided, That minors close family ties and violative of the
will not be allowed access to modern methods recognition that the State affords couples
of family planning without written consent entering into the special contract of marriage
from their parents or guardian/s except when to as one unit in forming the foundation of the
the minor is already a parent or has had a family and society.
miscarriage.
The State cannot, without a compelling state
There can be no other interpretation of this interest, take over the role of parents in the
provision except that when a minor is already care and custody of a minor child, whether or
a parent or has had a miscarriage, the parents not the latter is already a parent or has had a
are excluded from the decision-making process miscarriage. Only a compelling state interest
of the minor with regard to family planning.

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can justify a state substitution of their In this connection, the second sentence of
parental authority. Section 23(a)(2)(ii) should be struck down. By
effectively limiting the requirement of
First Exception: Access to Information parental consent to “only in elective surgical
procedures,” it denies the parents their right
Whether with respect to the minor referred to of parental authority in cases where what is
under the exception provided in the second involved are “non-surgical procedures.” Save
paragraph of Section 7 or with respect to the for the two exceptions discussed above, and in
consenting spouse under Section 23(a)(2)(i), a the case of an abused child as provided in the
distinction must be made. There must be a first sentence of Section 23(a)(2)(ii), the
differentiation between access to information parents should not be deprived of their
about family planning services, on one hand, constitutional right of parental authority. To
and access to the reproductive health deny them of this right would be an affront to
procedures and modern family planning the constitutional mandate to protect and
methods themselves, on the other. Insofar as strengthen the family.
access to information is concerned, the Court
finds no constitutional objection to the 5. No.
acquisition of information by the minor At this point, suffice it to state that any attack
referred to under the exception in the second on the validity of Section 14 of the RH Law is
paragraph of Section 7 that would enable her premature because the Department of
to take proper care of her own body and that Education, Culture and Sports has yet to
of her unborn child. formulate a curriculum on age -appropriate
reproductive health education. One can only
After all, Section 12, Article II of the speculate on the content, manner and medium
Constitution mandates the State to protect of instruction that will be used to educate the
both the life of the mother as that of the adolescents and whether they will contradict
unborn child. Considering that information to the religious beliefs of the petitioners and
enable a person to make informed decisions is validate their apprehensions. Thus,
essential in the protection and maintenance of considering the premature nature of this
ones’ health, access to such information with particular issue, the Court declines to rule on
respect to reproductive health must be its constitutionality or validity.
allowed. In this situation, the fear that
parents might be deprived of their parental At any rate, Section 12, Article II of the 1987
control is unfounded because they are not Constitution provides that the natural and
prohibited to exercise parental guidance and primary right and duty of parents in the
control over their minor child and assist her in rearing of the youth for civic efficiency and
deciding whether to accept or reject the development of moral character shall receive
information received. the support of the Government. Like the 1973
Constitution and the 1935 Constitution, the
Second Exception: Life Threatening Cases 1987 Constitution affirms the State
recognition of the invaluable role of parents in
As in the case of the conscientious objector, an preparing the youth to become productive
exception must be made in life-threatening members of society. Notably, it places more
cases that require the performance of importance on the role of parents in the
emergency procedures. In such cases, the life development of their children by recognizing
of the minor who has already suffered a that said role shall be “primary,” that is, that
miscarriage and that of the spouse should not the right of parents in upbringing the youth is
be put at grave risk simply for lack of consent. superior to that of the State.
It should be emphasized that no person should
be denied the appropriate medical care It is also the inherent right of the State to act
urgently needed to preserve the primordial as parens patriae to aid parents in the moral
right, that is, the right to life. development of the youth. Indeed, the
Constitution makes mention of the importance

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of developing the youth and their important process for failure to accord persons,
role in nation building. Considering that especially the parties targeted by it, fair notice
Section 14 provides not only for the age- of the conduct to avoid; and (2) it leaves law
appropriate-reproductive health education, enforcers unbridled discretion in carrying out
but also for values formation; the development its provisions and becomes an arbitrary
of knowledge and skills in self-protection flexing of the Government muscle. Moreover,
against discrimination; sexual abuse and in determining whether the words used in a
violence against women and children and statute are vague, words must not only be
other forms of gender based violence and teen taken in accordance with their plain meaning
pregnancy; physical, social and emotional alone, but also in relation to other parts of the
changes in adolescents; women’s rights and statute. It is a rule that every part of the
children’s rights; responsible teenage statute must be interpreted with reference to
behavior; gender and development; and the context, that is, every part of it must be
responsible parenthood, and that Rule 10, construed together with the other parts and
Section 11.01 of the RH-IRR and Section 4(t) kept subservient to the general intent of the
of the RH Law itself provides for the teaching whole enactment.
of responsible teenage behavior, gender
sensitivity and physical and emotional Further, the use of the term “private health
changes among adolescents — the Court finds care institution” in Section 7 of the law,
that the legal mandate provided under the instead of “private health care service
assailed provision supplements, rather than provider,” should not be a cause of confusion
supplants, the rights and duties of the parents for the obvious reason that they are used
in the moral development of their children. synonymously.

Furthermore, as Section 14 also mandates The Court need not belabor the issue of
that the mandatory reproductive health whether the right to be exempt from being
education program shall be developed in obligated to render reproductive health
conjunction with parent-teacher-community service and modern family planning methods,
associations, school officials and other interest includes exemption from being obligated to
groups, it could very well be said that it will give reproductive health information and to
be in line with the religious beliefs of the render reproductive health procedures.
petitioners. By imposing such a condition, it Clearly, subject to the qualifications and
becomes apparent that the petitioners’ exemptions earlier discussed, the right to be
contention that Section 14 violates Article XV, exempt from being obligated to render
Section 3(1) of the Constitution is without reproductive health service and modern
merit. family planning methods, necessarily includes
exemption from being obligated to give
While the Court notes the possibility that reproductive health information and to render
educators might raise their objection to their reproductive health procedures. The terms
participation in the reproductive health “service” and “methods” are broad enough to
education program provided under Section 14 include the providing of information and the
of the RH Law on the ground that the same rendering of medical procedures.
violates their religious beliefs, the Court
reserves its judgment should an actual case be The same can be said with respect to the
filed before it. contention that the RH Law punishes health
care service providers who intentionally
6. No. withhold, restrict and provide incorrect
A statute or act suffers from the defect of information regarding reproductive health
vagueness when it lacks comprehensible programs and services. For ready reference,
standards that men of common intelligence the assailed provision is hereby quoted as
must necessarily guess its meaning and differ follows:
as to its application. It is repugnant to the
Constitution in two respects: (1) it violates due

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SEC. 23. Prohibited Acts.—The following acts health development which shall endeavor to
are prohibited: make essential goods, health and other social
services available to all the people at
(a) Any health care service provider, whether affordable cost. There shall be priority for the
public or private, who shall: needs of the underprivileged, sick, elderly,
disabled, women, and children. The State
(1) Knowingly withhold information or restrict shall endeavor to provide free medical care to
the dissemination thereof, and/or intentionally paupers.
provide incorrect information regarding
programs and services on reproductive health It should be noted that Section 7 of the RH
including the right to informed choice and Law prioritizes poor and marginalized couples
access to a full range of legal, medically-safe, who are suffering from fertility issues and
non-abortifacient and effective family desire to have children. There is, therefore, no
planning methods; merit to the contention that the RH Law only
seeks to target the poor to reduce their
From its plain meaning, the word “incorrect” number. While the RH Law admits the use of
here denotes failing to agree with a copy or contraceptives, it does not, as elucidated
model or with established rules; inaccurate, above, sanction abortion. As Section 3(l)
faulty; failing to agree with the requirements explains, the “promotion and/or stabilization
of duty, morality or propriety; and failing to of the population growth rate is incidental to
coincide with the truth. On the other hand, the advancement of reproductive health.”
the word “knowingly” means with awareness
or deliberateness that is intentional. Used Moreover, the RH Law does not prescribe the
together in relation to Section 23(a)(1), they number of children a couple may have and
connote a sense of malice and ill motive to does not impose conditions upon couples who
mislead or misrepresent the public as to the intend to have children. While the petitioners
nature and effect of programs and services on surmise that the assailed law seeks to charge
reproductive health. Public health and safety couples with the duty to have children only if
demand that health care service providers they would raise them in a truly humane way,
give their honest and correct medical a deeper look into its provisions shows that
information in accordance with what is what the law seeks to do is to simply provide
acceptable in medical practice. While health priority to the poor in the implementation of
care service providers are not barred from government programs to promote basic
expressing their own personal opinions reproductive health care.
regarding the programs and services on
reproductive health, their right must be With respect to the exclusion of private
tempered with the need to provide public educational institutions from the mandatory
health and safety. The public deserves no less. reproductive health education program under
Section 14, suffice it to state that the mere
7. No. fact that the children of those who are less
To provide that the poor are to be given fortunate attend public educational
priority in the government’s reproductive institutions does not amount to substantial
health care program is not a violation of the distinction sufficient to annul the assailed
equal protection clause. In fact, it is pursuant provision. On the other hand, substantial
to Section 11, Article XIII of the Constitution distinction rests between public educational
which recognizes the distinct necessity to institutions and private educational
address the needs of the underprivileged by institutions, particularly because there is a
providing that they be given priority in need to recognize the academic freedom of
addressing the health development of the private educational institutions especially
people. Thus: with respect to religious instruction and to
consider their sensitivity towards the teaching
Section 11. The State shall adopt an of reproductive health education.
integrated and comprehensive approach to

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8. No. The petitioners likewise question the

It should first be mentioned that the practice delegation by Congress to the FDA of the
of medicine is undeniably imbued with public power to determine whether or not a supply or
interest that it is both a power and a duty of product is to be included in the Essential
the State to control and regulate it in order to Drugs List (EDL).
protect and promote the public welfare. Like
the legal profession, the practice of medicine is The Court finds nothing wrong with the
not a right but a privileged burdened with delegation. The FDA does not only have the
conditions as it directly involves the very lives power but also the competency to evaluate,
of the people. A fortiori, this power includes register and cover health services and
the power of Congress to prescribe the methods. It is the only government entity
qualifications for the practice of professions or empowered to render such services and highly
trades which affect the public welfare, the proficient to do so. It should be understood
public health, the public morals, and the that health services and methods fall under
public safety; and to regulate or control such the gamut of terms that are associated with
professions or trades, even to the point of what is ordinarily understood as “health
revoking such right altogether. products.” In this connection, Section 4 of R.A.
No. 3720, as amended by R.A. No. 9711 reads:
Moreover, as some petitioners put it, the
notion of involuntary servitude connotes the SEC. 4. To carry out the provisions of this Act,
presence of force, threats, intimidation or there is hereby created an office to be called
other similar means of coercion and the Food and Drug Administration (FDA) in
compulsion. A reading of the assailed the Department of Health (DOH). Said
provision, however, reveals that it only Administration shall be under the Office of
encourages private and nongovernment the Secretary and shall have the following
reproductive healthcare service providers to functions, powers and duties:
render pro bono service. Other than non-
accreditation with PhilHealth, no penalty is “(a) To administer the effective
imposed should they choose to do otherwise. implementation of this Act and of the rules
Private and non-government reproductive and regulations issued pursuant to the same;
healthcare service providers also enjoy the
liberty to choose which kind of health service “(b) To assume primary jurisdiction in the
they wish to provide, when, where and how to collection of samples of health products;
provide it or whether to provide it all. Clearly,
therefore, no compulsion, force or threat is “(c) To analyze and inspect health
made upon them to render pro bono service products in connection with the
against their will. While the rendering of such implementation of this Act;
service was made a prerequisite to
accreditation with PhilHealth, the Court does “(d) To establish analytical data to serve as
not consider the same to be an unreasonable basis for the preparation of health products
burden, but rather, a necessary incentive standards, and to recommend standards of
imposed by Congress in the furtherance of a identity, purity, safety, efficacy, quality and
perceived legitimate state interest. fill of container;

Consistent with what the Court had earlier “(e) To issue certificates of compliance with
discussed, however, it should be emphasized technical requirements to serve as basis for
that conscientious objectors are exempt from the issuance of appropriate authorization and
this provision as long as their religious beliefs spot-check for compliance with regulations
and convictions do not allow them to render regarding operation of manufacturers,
reproductive health service, pro bono or importers, exporters, distributors,
otherwise. wholesalers, drug outlets, and other
establishments and facilities of health
9. No. products, as determined by the FDA;

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medicines that are safe includes “service” and

“x x x “methods.” From the declared policy of the RH
Law, it is clear that Congress intended that
“(h) To conduct appropriate tests on all the public be given only those medicines that
applicable health products prior to the are proven medically safe, legal,
issuance of appropriate authorizations to nonabortifacient, and effective in accordance
ensure safety, efficacy, purity, and with scientific and evidence-based medical
quality; research standards. The philosophy behind
the permitted delegation was explained in
“(i) To require all manufacturers, traders, Echegaray v. Secretary of Justice, as follows:
distributors, importers, exporters,
wholesalers, retailers, consumers, and The reason is the increasing complexity of the
nonconsumer users of health products to task of the government and the growing
report to the FDA any incident that inability of the legislature to cope directly
reasonably indicates that said product has with the many problems demanding its
caused or contributed to the death, serious attention. The growth of society has ramified
illness or serious injury to a consumer, a its activities and created peculiar and
patient, or any person; sophisticated problems that the legislature
cannot be expected reasonably to comprehend.
“(j) To issue cease and desist orders motu Specialization even in legislation has become
propio or upon verified complaint for health necessary. To many of the problems attendant
products, whether or not registered with the upon present day undertakings, the
FDA. Provided, That for registered health legislature may not have the competence, let
products, the cease and desist order is valid alone the interest and the time, to provide the
for thirty (30) days and may be extended for required direct and efficacious, not to say
sixty (60) days only after due process has been specific solutions.
observed;
10. No.
“(k) After due process, to order the ban, As for the autonomy of local governments, the
recall, and/or withdrawal of any health petitioners claim that the RH Law infringes
product found to have caused death, upon the powers devolved to local government
serious illness or serious injury to a units (LGUs) under Section 17 of the Local
consumer or patient, or is found to be Government Code. Said Section 17 vested
imminently injurious, unsafe, dangerous, upon the LGUs the duties and functions
or grossly deceptive, and to require all pertaining to the delivery of basic services and
concernedto implement the risk management facilities, as follows:
plan which is a requirementfor the issuance of
the appropriate authorization. SECTION 17. Basic Services and Facilities.—

x x x. (a) Local government units shall endeavor to

be self-reliant and shall continue exercising
As can be gleaned from the above, the the powers and discharging the duties and
functions, powers and duties of the FDA are functions currently vested upon them. They
specific to enable the agency to carry out the shall also discharge the functions and
mandates of the law. Being the country’s responsibilities of national agencies and
premiere and sole agency that ensures the offices devolved to them pursuant to this
safety of food and medicines available to the Code. Local government units shall likewise
public, the FDA was equipped with the exercise such other powers and discharge such
necessary powers and functions to make it other functions and responsibilities as are
effective. Pursuant to the principle of necessary, appropriate, or incidental to
necessary implication, the mandate by efficient and effective provision of the basic
Congress to the FDA to ensure public health services and facilities enumerated herein.
and safety by permitting only food and

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(b) Such basic services and facilities include, national priority programs which the local
but are not limited to, x x x. government is called upon to implement like
the RH Law.
While the aforementioned provision charges
the LGUs to take on the functions and Moreover, from the use of the word
responsibilities that have already been “endeavor,” the LGUs are merely encouraged
devolved upon them from the national to provide these services. There is nothing in
agencies on the aspect of providing for basic the wording of the law which can be construed
services and facilities in their respective as making the availability of these services
jurisdictions, paragraph (c) of the same mandatory for the LGUs. For said reason, it
provision provides a categorical exception of cannot be said that the RH Law amounts to
cases involving nationally -funded projects, an undue encroachment by the national
facilities, programs and services. Thus: government upon the autonomy enjoyed by
the local governments.
(c) Notwithstanding the provisions of
subsection (b) hereof, public works and The ARMM
infrastructure projects and other facilities,
programs and services funded by the National The fact that the RH Law does not intrude in
Government under the annual General the autonomy of local governments can be
Appropriations Act, other special laws, equally applied to the ARMM. The RH Law
pertinent executive orders, and those wholly does not infringe upon its autonomy.
or partially funded from foreign sources, are Moreover, Article III, Sections 6, 10 and 11 of
not covered under this Section, except in those R.A. No. 9054, or the organic act of the
cases where the local government unit ARMM, alluded to by petitioner Tillah to
concerned is duly designated as the justify the exemption of the operation of the
implementing agency for such projects, RH Law in the autonomous region, refer to
facilities, programs and services. [Emphases the policy statements for the guidance of the
supplied] regional government. These provisions relied
upon by the petitioners simply delineate the
The essence of this express reservation of powers that may be exercised by the regional
power by the national government is that, government, which can, in no manner, be
unless an LGU is particularly designated as characterized as an abdication by the State of
the implementing agency, it has no power over its power to enact legislation that would
a program for which funding has been benefit the general welfare. After all, despite
provided by the national government under the veritable autonomy granted the ARMM,
the annual general appropriations act, even if the Constitution and the supporting
the program involves the delivery of basic jurisprudence, as they now stand, reject the
services within the jurisdiction of the LGU. A notion of imperium et imperio in the
complete relinquishment of central relationship between the national and the
government powers on the matter of providing regional governments. Except for the express
basic facilities and services cannot be implied and implied limitations imposed on it by the
as the Local Government Code itself weighs Constitution, Congress cannot be restricted to
against it. exercise its inherent and plenary power to
legislate on all subjects which extends to all
In this case, a reading of the RH Law clearly matters of general concern or common
shows that whether it pertains to the interest.
establishment of health care facilities, the
hiring of skilled health professionals, or the Provisions declared unconstitutional in this
training of barangay health workers, it will be case:
the national government that will provide for
the funding of its implementation. Local 1] Section 7 and the corresponding provision
autonomy is not absolute. The national in the RH-IRR insofar as they: a) require
government still has the say when it comes to private health facilities and non-maternity

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specialty hospitals and hospitals owned and 7] Section 17 and the corresponding provision
operated by a religious group to refer patients, in the RH-IRR regarding the rendering of pro
not in an emergency or life-threatening case, bono reproductive health service insofar as
as defined under Republic Act No. 8344, to they affect the conscientious objector in
another health facility which is conveniently securing PhilHealth accreditation; and
accessible; and b) allow minor-parents or
minors who have suffered a miscarriage 8] Section 3.01(a) and Section 3.01(j) of the
access to modern methods of family planning RH-IRR, which added the qualifier “primarily”
without written consent from their parents or in defining abortifacients and contraceptives,
guardian/s; as they are ultra vires and, therefore, null and
void for contravening Section 4(a) of the RH
2] Section 23(a)(1) and the corresponding Law and violating Section 12, Article II of the
provision in the RH-IRR, particularly Section Constitution.
5.24 thereof, insofar as they punish any
healthcare service provider who fails and or c. Natural and primary right and duty of
refuses to disseminate information regarding parents
programs and services on reproductive health
regardless of his or her religious beliefs;
4. Communication and information in
3] Section 23(a)(2)(i) and the corresponding
nation building (Article II, Section 24)
provision in the RH-IRR insofar as they allow
a married individual, not in an emergency or Section 24. The State recognizes the
life -threatening case, as defined under vital role of communication and
Republic Act No. 8344, to undergo information in nation-building.
reproductive health procedures without the
consent of the spouse; (Article XVI, Sections 10—11)
4] Section 23(a)(2)(ii) and the corresponding Section 10. The State shall provide the
provision in the RH-IRR insofar as they limit
policy environment for the full
the requirement of parental consent only to
elective surgical procedures;
development of Filipino capability and the
emergence of communication
5] Section 23(a)(3) and the corresponding structures suitable to the needs and
provision in the RH-IRR, particularly Section aspirations of the nation and the balanced
5.24 thereof, insofar as they punish any flow of information into, out of, and across
healthcare service provider who fails and/or the country, in accordance with a policy
refuses to refer a patient not in an emergency that respects the freedom of speech and of
or life-threatening case, as defined under the press.
Republic Act No. 8344, to another health care
service provider within the same facility or
Section 11. (1) The ownership and
one which is conveniently accessible
regardless of his or her religious beliefs; management of mass media shall be
limited to citizens of the Philippines, or to
6] Section 23(b) and the corresponding corporations, cooperatives or associations,
provision in the RH-IRR, particularly Section wholly-owned and managed by such
5.24 thereof, insofar as they punish any public citizens.
officer who refuses to support reproductive
health programs or shall do any act that The Congress shall regulate or prohibit
hinders the full implementation of a monopolies in commercial mass media
reproductive health program, regardless of his when the public interest so requires. No
or her religious beliefs;
combinations in restraint of trade or
unfair competition therein shall be
allowed.

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official acts, transactions or decisions, as

(2) The advertising industry is well as to government research data used
impressed with public interest, and shall as basis for policy development.
be regulated by law for the protection of
consumers and the promotion of the Section 4. Exception. Access to
general welfare. information shall be denied when the
information falls under any of the
Only Filipino citizens or corporations or exceptions enshrined in the Constitution,
associations at least seventy per centum existing law or jurisprudence.
of the capital of which is owned by such
citizens shall be allowed to engage in the The Department of Justice and the Office
advertising industry. of the Solicitor General are hereby
directed to prepare an inventory of such
The participation of foreign investors in exceptions and submit the same to the
the governing body of entities in such Office of the President within thirty (30)
industry shall be limited to their calendar days from the date of effectivity
proportionate share in the capital thereof, of this Order.
and all the executive and managing
officers of such entities must be citizens of The Office of the President shall
the Philippines. thereafter, immediately circularize the
inventory of exceptions for the guidance of
(Article XVIII, Section 23) all government offices and
instrumentalities covered by this Order
Section 23. Advertising entities affected and the general public.
by paragraph (2), Section 11 of Article
XV1 of this Constitution shall have five Said inventory of exceptions shall
years from its ratification to comply on a periodically be updated to properly reflect
graduated and proportionate basis any change in existing law and
with the minimum Filipino jurisprudence and the Department of
ownership requirement therein. Justice and the Office of the Solicitor
General are directed to update the
(EO 02 [2016]) inventory of exceptions as the need to do
so arises, for circularization as
Section 2. Coverage. This order shall hereinabove stated.
cover all government offices under
the Executive Branch, including but 5. Rights of indigenous cultural
not limited to the national government communities (Article II, Section 22)
and all its offices, departments, bureaus,
offices, and instrumentalities, including Section 22. The State recognizes and
government-owned or -controlled promotes the rights of indigenous
corporations, and state universities and cultural communities within the
colleges. Local government units (LGUs) framework of national unity and
are encouraged to observe and be guided development.
by this Order.
(Article VI, Section 5 [2])
Section 3. Access to information. Every
Filipino shall have access to information, Section 5. (1) xxx
official records, public records and to
documents and papers pertaining to

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(2) The party-list representatives shall (Article XIV, Section 17)

constitute twenty per centum of the total
number of representatives including those Section 17. The State shall recognize,
under the party list. For three consecutive respect, and protect the rights of
terms after the ratification of this indigenous cultural communities to
Constitution, one-half of the seats preserve and develop their cultures,
allocated to party-list representatives traditions, and institutions. It shall
shall be filled, as provided by law, by consider these rights in the formulation of
selection or election from the labor, national plans and policies.
peasant, urban poor, indigenous
cultural communities, women, youth, (Article XVI, Section 12)
and such other sectors as may be provided
by law, except the religious sector. Section 12. The Congress may create a
consultative body to advise the
(Article XII, Section 5) President on policies affecting
indigenous cultural communities, the
Section 5. The State, subject to the majority of the members of which shall
provisions of this Constitution and come from such communities.
national development policies and
programs, shall protect the rights of - RA 8371 - Indigenous People’s Rights
indigenous cultural communities to Act (1997)
their ancestral lands to ensure their
economic, social, and cultural well-being. Section 2. Declaration of State Policies. —
The State shall recognize and promote all
The Congress may provide for the the rights of Indigenous Cultural
applicability of customary laws governing Communities/Indigenous Peoples (ICCs/
property rights or relations in IPs) hereunder enumerated within the
determining the ownership and extent of framework of the Constitution:
ancestral domain.
a) The State shall recognize and promote
(Article XIII, Section 6) the rights of ICCs/IPs within the
framework of national unity and
Section 6. The State shall apply the development;
principles of agrarian reform or
stewardship, whenever applicable in b) The State shall protect the rights of
accordance with law, in the disposition or ICCs/IPs to their ancestral domains to
utilization of other natural resources, ensure their economic, social and cultural
including lands of the public domain well-being and shall recognize the
under lease or concession suitable to applicability of customary laws governing
agriculture, subject to prior rights, property rights or relations in
homestead rights of small settlers, and determining the ownership and extent of
the rights of indigenous communities ancestral domain;
to their ancestral lands.
c) The State shall recognize, respect and
The State may resettle landless farmers protect the rights of ICCs/IPs to preserve
and farmworkers in its own agricultural and develop their cultures, traditions and
estates which shall be distributed to them institutions. It shall consider these rights
in the manner provided by law. in the formulation of national laws and
policies;

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transactions involving public

d) The State shall guarantee that interest.
members of the ICCs/IPs regardless of
sex, shall equally enjoy the full measure a. Ombudsman (Article XI, Sections 4-6)
of human rights and freedoms without
distinction or discrimination; Section 4. The present anti-graft court
known as the Sandiganbayan shall
e) The State shall take measures, with the continue to function and exercise its
participation of the ICCs/IPs concerned, to jurisdiction as now or hereafter may be
protect their rights and guarantee respect provided by law.
for their cultural integrity, and to ensure
that members of the ICCs/IPs benefit on Section 5. There is hereby created the
an equal footing from the rights and independent Office of the Ombudsman,
opportunities which national laws and composed of the Ombudsman to be known
regulations grant to other members of the as Tanodbayan, one overall Deputy and at
population; and least one Deputy each for Luzon, Visayas,
and Mindanao. A separate Deputy for the
f) The State recognizes its obligations to military establishment may likewise be
respond to the strong expression of the appointed.
ICCs/IPs for cultural integrity by assuring
maximum ICC/IP participation in the Section 6. The officials and employees of
direction of education, health, as well as the Office of the Ombudsman, other than
other services of ICCs/IPs, in order to the Deputies, shall be appointed by the
render such services more responsive to Ombudsman, according to the Civil
the needs and desires of these Service Law.
communities.
b. Full public disclosure (Article II,
Towards these ends, the State shall Section 28)
institute and establish the necessary
mechanisms to enforce and guarantee the Section 28. Subject to reasonable
realization of these rights, taking into conditions prescribed by law, the State
consideration their customs, traditions, adopts and implements a policy of full
values, beliefs, interests and institutions, public disclosure of all its transactions
and to adopt and implement measures to involving public interest.
protect their rights to their ancestral
domains. c. SALN (Article XI, Section 17)

6. Honest public service (Article II, Section 17. A public officer or

Sections 27-28) employee shall, upon assumption of
office and as often thereafter as may be
Section 27. The State shall maintain required by law, submit a declaration
honesty and integrity in the public under oath of his assets, liabilities,
service and take positive and effective and net worth. In the case of the
measures against graft and corruption. President, the Vice-President, the
Members of the Cabinet, the Congress,
Section 28. Subject to reasonable the Supreme Court, the Constitutional
conditions prescribed by law, the State Commissions and other constitutional
adopts and implements a policy of offices, and officers of the armed forces
full public disclosure of all its

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with general or flag rank, the

declaration shall be disclosed to the f. Public foreign loans (Article XII, Section
public in the manner provided by law. 21)

- RA 3019 – Anti Graft and Corrupt Section 21. Foreign loans may only be
Practices Act incurred in accordance with law and
the regulation of the monetary
Section 1. Statement of policy. It is the authority. Information on foreign
policy of the Philippine Government, in loans obtained or guaranteed by the
line with the principle that a public office Government shall be made available to
is a public trust, to repress certain acts of the public.
public officers and private persons alike
which constitute graft or corrupt practices g.Contracts with foreign groups(Article
or which may lead thereto. XII, Section 2 [5])

d. President’s health (Article VII, Section Section 2. xxx

12)
The President shall notify the Congress
Section 12. In case of serious illness of of every contract entered into in
the President, the public shall be accordance with this provision, within
informed of the state of his health. The thirty days from its execution.
members of the Cabinet in charge of
national security and foreign relations h. Conflict of Interest, books of account
and the Chief of Staff of the Armed Forces (Article VII, Sections 12 and 20)
of the Philippines, shall not be denied
access to the President during such Section 12. In case of serious illness of
illness. the President, the public shall be
informed of the state of his health.
e. Publication of loan applications (Article The members of the Cabinet in charge of
VII, Section 20) national security and foreign relations
and the Chief of Staff of the Armed Forces
Section 20. The President may contract of the Philippines, shall not be denied
or guarantee foreign loans on behalf access to the President during such
of the Republic of the Philippines illness.
with the prior concurrence of the
Monetary Board, and subject to such Section 20. The President may contract
limitations as may be provided by law. or guarantee foreign loans on behalf
The Monetary Board shall, within thirty of the Republic of the Philippines
days from the end of every quarter of the with the prior concurrence of the
calendar year, submit to the Congress Monetary Board, and subject to such
a complete report of its decision on limitations as may be provided by law.
applications for loans to be The Monetary Board shall, within thirty
contracted or guaranteed by the days from the end of every quarter of the
Government or government-owned and calendar year, submit to the Congress
controlled corporations which would have a complete report of its decision on
the effect of increasing the foreign debt, applications for loans to be
and containing other matters as may be contracted or guaranteed by the
provided by law. Government or government-owned and

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controlled corporations which would have Facts:

the effect of increasing the foreign debt, Ang Ladlad applied for registration as party-
and containing other matters as may be list with the Comelec, arguing that the LGBT
provided by law. community is a marginalized and under-
represented sector that is particularly
disadvantaged because of their sexual
i. COA annual report (Article IX-D, orientation and gender identity; that LGBTs
Section 4) are victims of exclusion, discrimination, and
violence; that because of negative societal
Section 4. The Commission shall submit attitudes, LGBTs are constrained to hide their
to the President and the Congress, sexual orientation. Comelec dismissed their
within the time fixed by law, an annual petition on moral grounds, quoting Biblical
report covering the financial condition verses.
and operation of the Government, its
subdivisions, agencies, and Issue:
Whether or not Ang Ladlad is qualified to
instrumentalities, including government-
participate in the party-list.
owned or controlled corporations, and
non-governmental entities subject to its Held:
audit, and recommend measures Yes.
necessary to improve their effectiveness Despite the absolutism of Article III, Section 1
and efficiency. It shall submit such other of our Constitution, which provides “nor shall
reports as may be required by law. any person be denied equal protection of the
laws,” courts have never interpreted the
j. Right to information (Article III, Section provision as an absolute prohibition on
7) classification. “Equality,” said Aristotle,
“consists in the same treatment of similar
persons.” The equal protection clause
Section 7. The right of the people to guarantees that no person or class of persons
information on matters of public shall be deprived of the same protection of
concern shall be recognized. Access to laws which is enjoyed by other persons or
official records, and to documents and other classes in the same place and in like
papers pertaining to official acts, circumstances.
transactions, or decisions, as well as to
government research data used as basis Recent jurisprudence has affirmed that if a
for policy development, shall be afforded law neither burdens a fundamental right nor
the citizen, subject to such limitations as targets a suspect class, we will uphold the
classification as long as it bears a rational
may be provided by law.
relationship to some legitimate government
end. In Central Bank Employees Association,
k. Equality of opportunity; political Inc. v. Banko Sentral ng Pilipinas, we
dynasty (Article II, Section 26) declared that “[i]n our jurisdiction, the
standard of analysis of equal protection
Section 26. The State shall guarantee challenges x x x have followed the ‘rational
equal access to opportunities for basis’ test, coupled with a deferential attitude
public service and prohibit political to legislative classifications and a reluctance
dynasties as may be defined by law. to invalidate a law unless there is a showing
of a clear and unequivocal breach of the
Ang Ladlad LGBT Party vs. Commission Constitution.”
on Elections
G. R. No. 190582, 8 April 2010 The COMELEC posits that the majority of the
618 SCRA 32 Philippine population considers homosexual
conduct as immoral and unacceptable, and

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this constitutes sufficient reason to disqualify impermissible classification not justified by

the petitioner. Unfortunately for the the circumstances of the case.”
respondent, the Philippine electorate has
expressed no such belief. No law exists to - RA 6713 – Code of Conduct and Ethical
criminalize homosexual behavior or Standards for Public Officials and
expressions or parties about homosexual Employees (1989)
behavior. Indeed, even if we were to assume
that public opinion is as the COMELEC
describes it, the asserted state interest here— Section 2. Declaration of Policies. - It is
that is, moral disapproval of an unpopular the policy of the State to promote a high
minority—is not a legitimate state interest standard of ethics in public service. Public
that is sufficient to satisfy rational basis officials and employees shall at all times
review under the equal protection clause. The be accountable to the people and shall
COMELEC’s differentiation, and its discharge their duties with utmost
unsubstantiated claim that Ang Ladlad responsibility, integrity, competence, and
cannot contribute to the formulation of loyalty, act with patriotism and justice,
legislation that would benefit the nation, lead modest lives, and uphold public
furthers no legitimate state interest other
interest over personal interest.
than disapproval of or dislike for a disfavored
group.
7.Autonomy of local governments (Sections
From the standpoint of the political process, 2 and 5; Article X)
the lesbian, gay, bisexual, and transgender
have the same interest in participating in the Section 2. The territorial and political
party-list system on the same basis as other subdivisions shall enjoy local
political parties similarly situated. State autonomy.
intrusion in this case is equally burdensome.
Hence, laws of general application should Section 5. Each local government unit
apply with equal force to LGBTs, and they
shall have the power to create its own
deserve to participate in the party-list system
on the same basis as other marginalized and
sources of revenues and to levy taxes, fees
under-represented sectors. and charges subject to such guidelines
and limitations as the Congress may
It bears stressing that our finding that provide, consistent with the basic
COMELEC’s act of differentiating LGBTs policy of local autonomy. Such taxes,
from heterosexuals insofar as the party-list fees, and charges shall accrue exclusively
system is concerned does not imply that any to the local governments.
other law distinguishing between
heterosexuals and homosexuals under a. Kinds of Autonomy: Administrative
different circumstances would similarly fail.
Autonomy v Political Autonomy
We disagree with the OSG’s position that
homosexuals are a class in themselves for the
purposes of the equal protection clause. We Limbona vs. Mangelin
are not prepared to single out homosexuals as G. R. No. 80391, 28 February 1989
a separate class meriting special or 170 SCRA 786
differentiated treatment. We have not
received sufficient evidence to this effect, and Facts:
it is simply unnecessary to make such a ruling Sultan Alimbusar Limbona, a member of the
today. Petitioner itself has merely demanded Sangguniang Pampook of the Regional
that it be recognized under the same basis as Autonomous Government, Region XII, from
all other groups similarly situated, and that Lanao del Sur, who was elected Speaker of the
the COMELEC made “an unwarranted and said assembly, was invited to go to the House
of Representatives to have a consultation and
dialogue about the political developments

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involving the then Regions IX and XII which autonomous government becomes accountable
were later formed as ARMM. Limbona then not to the central authorities but to its
informed their assembly that they will have constituency.
no session during his engagement in the
House. While away for an event at the House, But the question of whether or not the grant
the assembly convened against his orders, of autonomy Muslim Mindanao under the
declaring the seat of speaker vacant and later 1987 Constitution involves, truly, an effort to
elected Conte Mangelin as the new speaker. decentralize power rather than mere
Limbona questioned his removal from his administration is a question foreign to this
speakership and later on as member of the petition, since what is involved herein is a
Sangguniang Pampook. local government unit constituted prior to the
ratification of the present Constitution.
Issue: Hence, the Court will not resolve that
Whether or not the grant of autonomy Muslim controversy now, in this case, since no
Mindanao under the 1987 Constitution controversy in fact exists. We will resolve it at
involves, truly, an effort to decentralize power the proper time and in the proper case.
rather than mere administration.
Under the 1987 Constitution, local
Held: government units enjoy autonomy in these
No. two senses, thus:
Now, autonomy is either decentralization of
administration or decentralization of power. Section 1. The territorial and political
There is decentralization of subdivisions of the Republic of the Philippines
administration when the central are the provinces, cities, municipalities, and
government delegates administrative barangays. Here shall be autonomous regions
powers to political subdivisions in order in Muslim Mindanao ,and the Cordilleras as
to broaden the base of government hereinafter provided. 29
power and in the process to make local
governments "more responsive and Sec. 2. The territorial and political
accountable," "and ensure their fullest subdivisions shall enjoy local autonomy. 30
development as self-reliant communities
and make them more effective partners xxx xxx xxx
in the pursuit of national development
and social progress." At the same time, it See. 15. Mere shall be created autonomous
relieves the central government of the burden regions in Muslim Mindanao and in the
of managing local affairs and enables it to Cordilleras consisting of provinces, cities,
concentrate on national concerns. The municipalities, and geographical areas
President exercises "general supervision" over sharing common and distinctive historical and
them, but only to "ensure that local affairs are cultural heritage, economic and social
administered according to law." He has no structures, and other relevant characteristics
control over their acts in the sense that he can within the framework of this Constitution and
substitute their judgments with his own. the national sovereignty as well as territorial
integrity of the Republic of the Philippines.
Decentralization of power, on the other
hand, involves an abdication of political An autonomous government that enjoys
power in the favor of local governments autonomy of the latter category [CONST.
units declare to be autonomous. In that (1987), art. X, sec. 15.] is subject alone to the
case, the autonomous government is free to decree of the organic act creating it and
chart its own destiny and shape its future accepted principles on the effects and limits of
with minimum intervention from central "autonomy." On the other hand, an
authorities. According to a constitutional autonomous government of the former class is,
author, decentralization of power amounts to as we noted, under the supervision of the
"self-immolation," since in that event, the national government acting through the

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President (and the Department of Local (8) Establishment, operation and maintenance
Government). If the Sangguniang Pampook (of of health, welfare and other social services,
Region XII), then, is autonomous in the latter programs and facilities;
sense, its acts are, debatably beyond the
domain of this Court in perhaps the same way (9) Preservation and development of customs,
that the internal acts, say, of the Congress of traditions, languages and culture indigenous
the Philippines are beyond our jurisdiction. to the Autonomous Region; and
But if it is autonomous in the former category
only, it comes unarguably under our (10) Such other matters as may be authorized
jurisdiction. An examination of the very by law, including the enactment of such
Presidential Decree creating the autonomous measures as may be necessary for the
governments of Mindanao persuades us that promotion of the general welfare of the people
they were never meant to exercise autonomy in the Autonomous Region.
in the second sense, that is, in which the
central government commits an act of self- The President shall exercise such powers as
immolation. Presidential Decree No. 1618, in may be necessary to assure that enactment
the first place, mandates that "[t]he President and acts of the Sangguniang Pampook and the
shall have the power of general supervision Lupong Tagapagpaganap ng Pook are in
and control over Autonomous Regions." In the compliance with this Decree, national
second place, the Sangguniang Pampook, their legislation, policies, plans and programs.
legislative arm, is made to discharge chiefly
administrative services, thus: The Sangguniang Pampook shall maintain
liaison with the Batasang Pambansa.
SEC. 7. Powers of the Sangguniang Pampook.
The Sangguniang Pampook shall exercise Hence, we assume jurisdiction. And if we can
local legislative powers over regional affairs make an inquiry in the validity of the
within the framework of national development expulsion in question, with more reason can
plans, policies and goals, in the following we review the petitioner's removal as Speaker.
areas:
b. Devolution(Section 17, RA 7160, Local
(1) Organization of regional administrative Government Code of 1991)
system;
Section 17. Basic Services and Facilities. -
(2) Economic, social and cultural development
of the Autonomous Region;
(a) Local government units shall endeavor
(3) Agricultural, commercial and industrial to be self-reliant and shall continue
programs for the Autonomous Region; exercising the powers and discharging the
duties and functions currently vested
(4) Infrastructure development for the upon them. They shall also discharge
Autonomous Region; the functions and responsibilities of
national agencies and offices
(5) Urban and rural planning for the devolved to them pursuant to this Code.
Autonomous Region;
Local government units shall likewise
(6) Taxation and other revenue-raising exercise such other powers and discharge
measures as provided for in this Decree; such other functions and responsibilities
as are necessary, appropriate, or
(7) Maintenance, operation and incidental to efficient and effective
administration of schools established by the provisions of the basic services and
Autonomous Region; facilities enumerated herein.

(b) xxx

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Citizenship is based on the place where

c. Deconcentration of powers(Section 528, the person was born, regardless of the
RA 7160) nationality of the person born.

Section 528. Deconcentration of Requisite b. jus sanguine (Article IV, Section 2)

Authority and Power. - The national
government shall, six (6) months after the Section 2. Natural-born citizens are
effectivity of this Code, effect the those who are citizens of the
deconcentration of requisite Philippines from birth without
authority and power to the appropriate having to perform any act to acquire
regional offices or field offices of national or perfect their Philippine
agencies or offices whose major functions citizenship. Those who elect Philippine
are not devolved to local government citizenship in accordance with paragraph
units. (3), Section 1 hereof shall be deemed
natural-born citizens.
VI. CITIZENSHIP
It is based on the bloodline of the person,
A. Definition, importance, distinguished regardless of the place where he or she
from nationality was born.

Citizenship is membership in a political 2. Voluntary: by naturalization

community with all its concomitant rights (naturalized citizen)
and responsibilities. (Cruz, Constitutional
Law, 2015 edition, p. 796) a. Direct naturalization

B. Rights and duties of a citizen - Judicial naturalization (CA 63, CA 473,

RA 530)
The citizen enjoys certain exclusive
rights, such as the right to vote, to run - Substantive requirements:
for public office, to exploit natural Qualifications & Disqualifications
resources, to operate public utilities, to
administer educational institutions, and CA 473
to manage the mass media. (Ibid.)
Section 2. Qualifications. – Subject to
C.Modes of acquiring citizenship (Article section four of this Act, any person having
IV, Section 3) the following qualifications may become a
citizen of the Philippines by
Section 3. Philippine citizenship may naturalization:
be lost or reacquired in the manner
provided by law. First. He must be not less than twenty-
one years of age on the day of the hearing
1. Involuntary: by birth (natural born of the petition;
citizen); Principles governing them
Second. He must have resided in the
a. jus soli Philippines for a continuous period of not
less than ten years;

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Third. He must be of good moral 4. Having been engaged as a teacher

character and believes in the principles in the Philippines in a public or
underlying the Philippine Constitution, recognized private school not
and must have conducted himself in a established for the exclusive
proper and irreproachable manner during instruction of children of persons of
the entire period of his residence in the a particular nationality or race, in
Philippines in his relation with the any of the branches of education or
constituted government as well as with industry for a period of not less
the community in which he is living. than two years;
5. Having been born in the
Fourth. He must own real estate in the Philippines.
Philippines worth not less than five
thousand pesos, Philippine currency, or Section 4. Who are disqualified. - The
must have some known lucrative trade, following cannot be naturalized as
profession, or lawful occupation; Philippine citizens:

Fifth. He must be able to speak and write a. Persons opposed to organized

English or Spanish and any one of the government or affiliated with any
principal Philippine languages; and association or group of persons
who uphold and teach doctrines
Sixth. He must have enrolled his minor opposing all organized
children of school age, in any of the public governments;
schools or private schools recognized by b. Persons defending or teaching the
the Office of Private Education1 of the necessity or propriety of violence,
Philippines, where the Philippine history, personal assault, or assassination
government and civics are taught or for the success and predominance
prescribed as part of the school of their ideas;
curriculum, during the entire period of c. Polygamists or believers in the
the residence in the Philippines required practice of polygamy;
of him prior to the hearing of his petition d. Persons convicted of crimes
for naturalization as Philippine citizen. involving moral turpitude;
e. Persons suffering from mental
Section 3. Special qualifications. The ten alienation or incurable contagious
years of continuous residence required diseases;
under the second condition of the last f. Persons who, during the period of
preceding section shall be understood as their residence in the Philippines,
reduced to five years for any petitioner have not mingled socially with the
having any of the following qualifications: Filipinos, or who have not evinced
a sincere desire to learn and
1. Having honorably held office under embrace the customs, traditions,
the Government of the Philippines and ideals of the Filipinos;
or under that of any of the g. Citizens or subjects of nations with
provinces, cities, municipalities, or whom the United States 2and the
political subdivisions thereof; Philippines are at war, during the
2. Having established a new industry period of such war;
or introduced a useful invention in h. Citizens or subjects of a foreign
the Philippines; country other than the United
3. Being married to a Filipino States whose laws do not grant
woman; Filipinos the right to become

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naturalized citizens or subjects does so only in connection with his service

thereof. to said foreign country: And provided,
finally, That any Filipino citizen who is
- Procedural requirements rendering service to, or is commissioned
in, the armed forces of a foreign country
CA 63 under any of the circumstances mentioned
in paragraph (a) or (b), shall not be
Section 1. How citizenship may be lost. – permitted to participate nor vote in any
A Filipino citizen may lose his citizenship election of the Republic of the Philippines
in any of the following ways and/or during the period of his service to, or
events: commission in, the armed forces of said
foreign country. Upon his discharge from
(1) By naturalization in a foreign country; the service of the said foreign country, he
shall be automatically entitled to the full
(2) By express renunciation of citizenship; enjoyment of his civil and political rights
as a Filipino citizen;
(3) By subscribing to an oath of allegiance
to support the constitution or laws of a (5) By cancellation of the of the
foreign country upon attaining twenty-one certificates of naturalization;
years of age or more: Provided, however,
That a Filipino may not divest himself of (6) By having been declared by competent
Philippine citizenship in any manner authority, a deserter of the Philippine
while the Republic of the Philippines is at armed forces in time of war, unless
war with any country; subsequently, a plenary pardon or
amnesty has been granted; and
(4) By rendering services to, or accepting
commission in, the armed forces of a (7) In the case of a woman, upon her
foreign country: Provided, That the marriage to a foreigner if, by virtue of the
rendering of service to, or the acceptance laws in force in her husband's country,
of such commission in, the armed forces of she acquires his nationality.
a foreign country, and the taking of an
oath of allegiance incident thereto, with The provisions of this section
the consent of the Republic of the notwithstanding, the acquisition of
Philippines, shall not divest a Filipino of citizenship by a natural born Filipino
his Philippine citizenship if either of the citizen from one of the Iberian and any
following circumstances is present: friendly democratic Ibero-American
countries or from the United Kingdom
(a) The Republic of the Philippines has a shall not produce loss or forfeiture of his
defensive and/or offensive pact of alliance Philippine citizenship if the law of that
with the said foreign country; or country grants the same privilege to its
citizens and such had been agreed upon
(b) The said foreign country maintains by treaty between the Philippines and the
armed forces on Philippine territory with foreign country from which citizenship is
the consent of the Republic of the acquired.
Philippines: Provided, That the Filipino
citizen concerned, at the time of rendering Section. 2. How citizenship may be
said service, or acceptance of said reacquired. – Citizenship may be
commission, and taking the oath of reacquired:
allegiance incident thereto, states that he

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(1) By naturalization: Provided, That the

applicant possess none of the Section 4. Repatriation shall be effected
disqualification's prescribed in section two by merely taking the necessary oath of
of Act Numbered Twenty-nine hundred allegiance to the Commonwealth (now
and twenty-seven, Republic) of the Philippines and
registration in the proper civil registry.
(2) By repatriation of deserters of the
Army, Navy or Air Corp: Provided, That a Commonwealth Act No. 473
woman who lost her citizenship by reason
of her marriage to an alien may be Section 5. Declaration of intention. – One
repatriated in accordance with the year prior to the filing of his petition for
provisions of this Act after the admission to Philippine citizenship, the
termination of the marital status; and applicant for Philippine citizenship shall
file with the Bureau of Justice (now
(3) By direct act of the National Assembly. Department of Justice) a declaration
under oath that it is bona fide his
Section 3. Procedure incident to intention to become a citizen of the
reacquisition of Philippine citizenship. – Philippines. Such declaration shall set
The procedure prescribed for forth name, age, occupation, personal
naturalization under Act Numbered description, place of birth, last foreign
Twenty-nine hundred and twenty-seven, residence and allegiance, the date of
as amended, shall apply to the arrival, the name of the vessel or aircraft,
reacquisition of Philippine citizenship by if any, in which he came to the
naturalization provided for in the next Philippines, and the place of residence in
preceding section: Provided, That the the Philippines at the time of making the
qualifications and special qualifications declaration. No declaration shall be valid
prescribed in section three and four of until lawful entry for permanent
said Act shall not be required: And residence has been established and a
provided, further, certificate showing the date, place, and
manner of his arrival has been issued.
(1) That the applicant be at least twenty- The declarant must also state that he has
one years of age and shall have resided in enrolled his minor children, if any, in any
the Philippines at least six months before of the public schools or private schools
he applies for naturalization; recognized by the Office of Private
Education of the Philippines, where
(2) That he shall have conducted himself Philippine history, government, and civics
in a proper and irreproachable manner are taught or prescribed as part of the
during the entire period of his residence school curriculum, during the entire
in the Philippines, in his relations with period of the residence in the Philippines
the constituted government as well as required of him prior to the hearing of his
with the community in which he is living; petition for naturalization as Philippine
and citizen. Each declarant must furnish two
photographs of himself.
(3) That he subscribes to an oath
declaring his intention to renounce Section 6. Persons exempt from
absolutely and perpetually all faith and requirement to make a declaration of
allegiance to the foreign authority, state intention. – Persons born in the
or sovereignty of which he was a citizen or Philippines and have received their
subject. primary and secondary education in

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public schools or those recognized by the and be supported by the affidavit of at

Government and not limited to any race least two credible persons, stating that
or nationality, and those who have they are citizens of the Philippines and
resided continuously in the Philippines for personally know the petitioner to be a
a period of thirty years or more before resident of the Philippines for the period
filing their application, may be of time required by this Act and a person
naturalized without having to make a of good repute and morally
declaration of intention upon complying irreproachable, and that said petitioner
with the other requirements of this Act. has in their opinion all the qualifications
To such requirements shall be added that necessary to become a citizen of the
which establishes that the applicant has Philippines and is not in any way
given primary and secondary education to disqualified under the provisions of this
all his children in the public schools or in Act. The petition shall also set forth the
private schools recognized by the names and post-office addresses of such
Government and not limited to any race witnesses as the petitioner may desire to
or nationality. The same shall be introduce at the hearing of the case. The
understood applicable with respect to the certificate of arrival, and the declaration
widow and minor children of an alien who of intention must be made part of the
has declared his intention to become a petition.
citizen of the Philippines, and dies before
he is actually naturalized. Section 8. Competent court.—The Court of
First Instance (now Regional Trial Court)
Section 7. Petition for citizenship. – Any of the province in which the petitioner has
person desiring to acquire Philippine resided at least one year immediately
citizenship shall file with the competent preceding the filing of the petition shall
court, a petition in triplicate, accompanied have exclusive original jurisdiction to
by two photographs of the petitioner, hear the petition.
setting forth his name and surname; his
present and former places of residence; Section 9. Notification and appearance.—
his occupation; the place and date of his Immediately upon the filing of a petition,
birth; whether single or married and the it shall be the duty of the clerk of the
father of children, the name, age, court to publish the same at petitioner's
birthplace and residence of the wife and of expense, once a week for three
each of the children; the approximate date consecutive weeks, in the Official Gazette,
of his or her arrival in the Philippines, the and in one of the newspapers of general
name of the port of debarkation, and, if he circulation in the province where the
remembers it, the name of the ship on petitioner resides, and to have copies of
which he came; a declaration that he has said petition and a general notice of the
the qualifications required by this Act, hearing posted in a public and
specifying the same, and that he is not conspicuous place in his office or in the
disqualified for naturalization under the building where said office is located,
provisions of this Act; that he has setting forth in such notice the name,
complied with the requirements of section birthplace and residence of the petitioner,
five of this Act; and that he will reside the date and place of his arrival in the
continuously in the Philippines from the Philippines, the names of the witnesses
date of the filing of the petition up to the whom the petitioner proposes to introduce
time of his admission to Philippine in support of his petition, and the date of
citizenship. The petition must be signed the hearing of the petition, which hearing
by the applicant in his own handwriting shall not be held within ninety days from

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the date of the last publication of the Court, no appeal has been filed, or if, upon
notice. The clerk shall, as soon as appeal, the decision of the court has been
possible, forward copies of the petition, confirmed by the Supreme Court, and the
the sentence, the naturalization said decision has become final, the clerk of
certificate, and other pertinent data to the the court which heard the petition shall
Department of the Interior (now issue to the petitioner a naturalization
Department of Interior and Local certificate which shall, among other
Government), the Bureau of Justice (now things, state the following: The file
Department of Justice), the Provincial number of the petition, the number of the
Inspector of the Philippine Constabulary naturalization certificate, the signature of
of the province (Head of a Provincial the person naturalized affixed in the
Office of the Philippine National Police) presence of the clerk of the court, the
and the justice of the peace (judge of a personal circumstances of the person
Municipal Trial Court or Metropolitan naturalized, the dates on which his
Trial Court) of the municipality wherein declaration of intention and petition were
the petitioner resides. filed, the date of the decision granting the
petition, and the name of the judge who
Section 10. Hearing of the petition.—No rendered the decision. A photograph of
petition shall be heard within the thirty the petitioner with the dry seal affixed
days preceding any election. The hearing thereto of the court which granted the
shall be public, and the Solicitor-General, petition, must be affixed to the certificate.
either himself or through his delegate or
the provincial fiscal concerned, shall Before the naturalization certificate is
appear on behalf of the Commonwealth issued, the petitioner shall, in open court,
(now Republic) of the Philippines at all take the following oath:
the proceedings and at the hearing. If,
after the hearing, the court believes, in "I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
view of the evidence taken, that the . . , solemnly swear that I renounce
petitioner has all the qualifications absolutely and forever all allegiance and
required by, and none of the fidelity to any foreign prince, potentate,
disqualifications specified in this Act and state or sovereignty, and particularly to
has complied with all requisites herein the . . . . . . . . . . . . . . . . . . of which at this
established, it shall order the proper time I am a subject or citizen; that I will
naturalization certificate to be issued and support and defend the Constitution of
the registration of the said naturalization the Philippines and that I will obey the
certificate in the proper civil registry as laws, legal orders and decrees
required in section ten of Act Numbered promulgated by the duly constituted
Three thousand seven hundred and fifty- authorities of the Commonwealth
three. (Republic) of the Philippines; [and I
hereby declare that I recognize and accept
Section 11. Appeal.—The final sentence the supreme authority of the United
may, at the instance of either of the States of America in the Philippines] and
parties, be appealed to the Supreme will maintain true faith and allegiance
Court. thereto; and that I impose this obligation
upon myself voluntarily without mental
Section 12. Issuance of the Certificate of reservation or purpose of evasion.
Naturalization.—If, after the lapse of
thirty days from and after the date on "So help me God."
which the parties were notified of the

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Section 15. Effect of the naturalization on be admitted to citizenship has borne any
wife and children. - Any woman who is hereditary title, or has been of any of the
now or may hereafter be married to a orders of nobility in the kingdom or state
citizen of the Philippines, and who might from which he came, he shall, in addition
herself be lawfully naturalized shall be to the above requisites, make an express
deemed a citizen of the Philippines. renunciation of his title or order of
nobility in the court to which his
Minor children of persons naturalized application is made, and his renunciation-
under this law who have been born in-the shall be recorded in the court, unless with
Philippines shall be considered citizens the express consent of the National
thereof. Assembly.

A foreign-born minor child, if dwelling in Section 18. Cancellation of naturalization

the Philippines at the time of the certificate issued. - Upon motion made in
naturalization of the parent, shall the proper proceedings by the Solicitor-
automatically become a Philippine citizen, General or his representative, or by the
and a foreign-born minor child, who is not proper provincial fiscal, the competent
in the Philippines at the time the parent judge may cancel the naturalization
is naturalized, shall be deemed a certificate issued and its registration in
Philippine citizen only during his the Civil Registry:
minority, unless he begins to reside
permanently in the Philippines when still a. If it is shown that said naturalization
a minor, in which case, he will continue to certificate who obtained-fraudulently or
be a Philippine citizen: even after illegally.
becoming of age.
b. If the person naturalized shall, within
A child born outside of the Philippines the five years next following the issuance
after, the naturalization of his parent, of said naturalization certificate, return to
shall be considered a Philippine citizen, its native country or to some foreign
unless within one year after reaching the country and establish his permanent
age of majority, he fails to register himself residence there: Provided, That the fact of
as a Philippine citizen at the American the person naturalized remaining for
Consulate of the country where he more than one year in his native country
resides, and to take the necessary oath of or the country of his former nationality, or
allegiance. two years in any other foreign country,
shall be considered as prima facie
Section 16. Right of widow and children of evidence of his intention of taking up his
petitioners who have died. - In case a permanent residence in the same;
petitioner should die before the final
decision has been rendered, his widow c. If the petition was made on an invalid
and minor children may continue the declaration of intention;
proceedings. The decision rendered in the
case shall, so far as the widow and minor d. If it is shown-that the minor children of
children are concerned, produce the same the person naturalized failed to graduate
legal effect as if it had been rendered from a public or private high schools
during the life of the petitioner. recognized by the Office of Private
Education of the Philippines, where
Section 17. Renunciation of title or orders Philippine history, government and civics
of nobility. -In case the alien applying; to are taught as part of the school

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curriculum, through the fault of their So vs. Republic

parents either by neglecting to support G. R. No. 170603, 29 January 2007
them or by transferring them to another 513 SCRA 267
school or schools. A certified copy of the
Facts:
decree cancelling the naturalization
Edison So filed a petition for naturalization
certificate shall be forwarded by the clerk under CA 473. He alleged that he was born on
of the Court to the Department of the February 17, 1982, a Chinese citizen, lived in
Interior and the Bureau of Justice. Binondo, Manila since birth, he is able to
speak English, Chinese and Tagalog, he is
e. This shown that the naturalized citizen exempt from the filing of Declaration of
has allowed himself to be used as a Intention to become a citizen of the
dummy in violation of the Constitutional Philippines pursuant to Section 6 of
or legal provision requiring Philippine Commonwealth Act (C.A.) No. 473, as
citizenship as a requisite for the exercise, amended, because he was born in the
Philippines, and studied in a school recognized
use or enjoyment of a right, franchise or
by the Government where Philippine history,
privilege. government and culture are taught; he is a
person of good moral character; he believes in
Republic Act No. 530 the principles underlying the Philippine
constitution; he has conducted himself in a
Section 1. The provisions of existing laws proper and irreproachable manner during the
notwithstanding, no petition for entire period of his residence in the
Philippine citizenship shall be heard by Philippines in his relation with the
the courts until after six months from the constituted government as well as with the
publication of the application required by community in which he is living; he has
mingled socially with the Filipinos and has
law, nor shall any decision granting the
evinced a sincere desire to learn and embrace
application become executory until after the customs, traditions and ideals of the
two years from its promulgation and after Filipino people; he has all the qualifications
the court, on proper hearing, with the provided under Section 2 and none of the
attendance of the Solicitor General on his disqualifications under Section 4 of C.A. No.
representative, is satisfied, and so finds, 473, and among others. Since no one opposed
that during the intervening time the the petition of So, the RTC granted his
applicant has (1) not left the Philippines, petition, which ruled that the witnesses for
(2) has dedicated himself continuously to petitioner had known him for the period
a lawful calling or profession, (3) has not required by law, and they had affirmed that
petitioner had all the qualifications and none
been convicted of any offense or violation
of the disqualifications to become a Filipino
of Government promulgated rules, (4) or citizen. The CA reversed the trial court ruling,
committed any act prejudicial to the stating that So was less than 21 years of age
interest of the nation or contrary to any when the petition was filed (20 years, 9
Government announced policies. months and 25 days to be exact).

Section 2. After the finding mentioned in Issue:

section one, the order of the court Whether or not So is qualified to be
granting citizenship shall be registered naturalized under CA 473.
and the oath provided by existing laws
Held:
shall be taken by the applicant,
No.
whereupon, and not before, he will be Naturalization signifies the act of formally
entitled to all the privileges of a Filipino adopting a foreigner into the political body of
citizen. a nation by clothing him or her with the

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privileges of a citizen. Under current and which it can be inferred that C.A. No. 473 was
existing laws, there are three ways by which intended to be amended or repealed by R.A.
an alien may become a citizen by No. 9139. What the legislature had in mind
naturalization: (a) administrative was merely to prescribe another mode of
naturalization pursuant to R.A. No. 9139; (b) acquiring Philippine citizenship which may be
judicial naturalization pursuant to C.A. No. availed of by native born aliens. The only
473, as amended; and (c) legislative implication is that, a native born alien has the
naturalization in the form of a law enacted by choice to apply for judicial or administrative
Congress bestowing Philippine citizenship to naturalization, subject to the prescribed
an alien. qualifications and disqualifications.

Petitioner’s contention that the qualifications In the instant case, petitioner applied for
an applicant for naturalization should possess naturalization by judicial act, though at the
are those provided for in R.A. No. 9139 and time of the filing of his petition,
not those set forth in C.A. No. 473 is barren of administrative naturalization under R.A. No.
merit. The qualifications and disqualifications 9139 was already available. Consequently, his
of an applicant for naturalization by judicial application should be governed by C.A. No.
act are set forth in Sections 2 and 4 of C.A. 473.
No. 473. On the other hand, Sections 3 and 4
of R.A. No. 9139 provide for the qualifications Second. If the qualifications prescribed in R.A.
and disqualifications of an applicant for No. 9139 would be made applicable even to
naturalization by administrative act. judicial naturalization, the coverage of the law
would be broadened since it would then apply
Indeed, R.A. No. 9139 was enacted as a even to aliens who are not native born. It
remedial measure intended to make the must be stressed that R.A. No. 9139 applies
process of acquiring Philippine citizenship less only to aliens who were born in the
tedious, less technical and more encouraging. Philippines and have been residing here.
It likewise addresses the concerns of degree
holders who, by reason of lack of citizenship Third. Applying the provisions of R.A. No.
requirement, cannot practice their profession, 9139 to judicial naturalization is contrary to
thus promoting “brain gain” for the the intention of the legislature to liberalize
Philippines. These however, do not justify the naturalization procedure in the country.
petitioner’s contention that the qualifications One of the qualifications set forth in R.A. No.
set forth in said law apply even to applications 9139 is that the applicant was born in the
for naturalization by judicial act. Philippines and should have been residing
herein since birth. Thus, one who was born
First. C.A. No. 473 and R.A. No. 9139 are here but left the country, though resided for
separate and distinct laws—the former covers more than ten (10) years from the filing of the
all aliens regardless of class while the latter application is also disqualified. On the other
covers native-born aliens who lived here in the hand, if we maintain the distinct
Philippines all their lives, who never saw any qualifications under each of the two laws, an
other country and all along thought that they alien who is not qualified under R.A. No. 9139
were Filipinos; who have demonstrated love may still be naturalized under C.A. No. 473.
and loyalty to the Philippines and affinity to
the customs and traditions. To reiterate, the Thus, absent a specific provision expressly
intention of the legislature in enacting R.A. amending C.A. No. 473, the law stands and
No. 9139 was to make the process of acquiring the qualifications and disqualifications set
Philippine citizenship less tedious, less forth therein are maintained.
technical and more encouraging which is
administrative rather than judicial in nature. In any event, petitioner failed to prove that
Thus, although the legislature believes that the witnesses he presented were competent to
there is a need to liberalize the naturalization vouch for his good moral character, and are
law of the Philippines, there is nothing from themselves possessed of good moral character.

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It must be stressed that character witnesses Sports], where Philippine history,

in naturalization proceedings stand as government and civics are taught and
insurers of the applicant’s conduct and prescribed as part of the school
character. Thus, they ought to testify on curriculum and where enrollment is not
specific facts and events justifying the
limited to any race or nationality:
inference that the applicant possesses all the
qualifications and none of the disqualifications
Provided, That should he/she have minor
provided by law. children of school age, he/she must have
enrolled them in similar schools;
In sum, petitioner’s witnesses clearly did not
personally know him well enough; their (e) The applicant must have a known
testimonies do not satisfactorily establish that trade, business, profession or lawful
petitioner has all the qualifications and none occupation, from which he/she derives
of the disqualifications prescribed by law. income sufficient for his/her support and
if he/she is married and/or has
- Administrative naturalization(Republic dependents, also that of his/her family:
Act No. 9139 [2001]) Provided, however, That this shall not
apply to applicants who are college degree
- Substantive requirements: holders but are unable to practice their
Qualifications & Disqualifications profession because they are disqualified to
do so by reason of their citizenship;
Section 3. Qualifications. - Subject to the
provisions of the succeeding section, any (f) The applicant must be able to read,
person desiring to avail of the benefits of write and speak Filipino or any of the
this Act must meet the following dialects of the Philippines; and
qualifications:
(g) The applicant must have mingled with
(a) The applicant must be born in the the Filipinos and evinced a sincere desire
Philippines and residing therein since to learn and embrace the customs,
birth; traditions and ideals of the Filipino
people.
(b) The applicant must not be less than
eighteen (18) years of age, at the time of Section 4. Disqualifications. - The follow-
filing of his/her petition; ing are not qualified to be naturalized as
Filipino citizens under this Act:
(c) The applicant must be of good moral
character and believes in the underlying (a) Those opposed to organized
principles of the Constitution, and must government or affiliated with any
have conducted himself/herself in a proper association of group of persons who
and irreproachable manner during his/her uphold and teach doctrines opposing all
entire period of residence in the organized governments;
Philippines in his relation with the duly
constituted government as well as with (b) Those defending or teaching the
the community in which he/she is living; necessity of or propriety of violence,
personal assault or assassination for the
(d) The applicant must have received success or predominance of their ideas;
his/her primary and secondary education
in any public school or private educational (c) Polygamists or believers in the practice
institution dully recognized by the of polygamy;
Department of Education, [Culture and

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(d) Those convicted of crimes involving

moral turpitude; (e) Whether the petitioner is single or
married or his/her marriage is annulled.
(e) Those suffering from mental alienation If married, petitioner shall state the date
or incurable contagious diseases; and place of his/her marriage, and the
name, date of birth, birthplace,
(f) Those who, during the period of their citizenship and residence of his/her
residence in the Philippines, have not spouse; and if his marriage is annulled,
mingled socially with Filipinos, or who the date of decree of annulment of
have not evinced a sincere desire to learn marriage and the court which granted the
and embrace the customs, traditions and same;
ideals of the Filipinos;
(f) If the petitioner has children, the
(g) Citizens or subjects with whom the name, date and birthplace and residences
Philippines is at war, during the period of of his/her children ;
such war; and
(g) A declaration that the petitioner
(h) Citizens or subjects of a foreign possesses all the qualifications and none
country whose laws do not grant Filipinos of the disqualifications under this Act;
the right to be naturalized citizens or
subjects thereof. (h) A declaration that the petitioner shall
never be a public charge; and
- Procedural requirements
(i) A declaration that it is the petitioner's
Section 5. Petition for Citizenship. - (1) true and honest intention to acquire
Any person desiring to acquire Philippine Philippine citizenship and to renounce
citizenship under this Act shall file with absolutely and forever any prince,
the Special Committee on Naturalization potentate, State or sovereign, and
created under Section 6 hereof, a petition particularly the country of which the
of five (5) copies legibly typed and signed, applicant is a citizen or subject.
thumbmarked and verified by him/her,
with the latter's passport-sized (2) The application shall be accompanied
photograph attached to each copy of the by:
petition, and setting forth the following:
(a) Duplicate original or certified
(a) The petitioner's name and surname, photocopies of petitioner's birth
and any other name he/she has used or by certificate;
which he/she is known;
(b) Duplicate original or certified
(b) The petitioner's present and former photocopies of petitioner's alien certificate
places of residence; of registration and native born certificate
of residence;
(c) The petitioner's place and date of birth,
the names and citizenship of his/her (c) Duplicate original or certified
parents and their residences; photocopies of petitioner's marriage
certified, if married, or the death
(d) The petitioner's trade, business, certificate of his spouse, if widowed, or the
profession or occupation, and if married, court decree annulling his marriage, if
also that of his/her spouse; such was the fact;

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applications for naturalization as

(d) Duplicate original or certified provided in this Act.
photocopies of birth certificates, alien
certificate of registration or native born The Committee shall meet, as often as
certificate of residence if any, of practicable, to consider applications for
petitioner's minor children, wherever naturalization. For this purpose, the
applicable; chairman and members shall receive an
honorarium of Two thousand pesos
(e) Affidavit of financial capacity by the (P2,000.00) and One thousand five
petitioner, and sworn statements on the hundred pesos (P1,500.00), respectively,
good moral character of the petitioner by per meeting attended.
at least two (2) Filipino citizens of good
reputation in his/her place of residence Section 7. Powers/Functions of the
stating that they have personally known Special Committee on Naturalization. - An
the petitioner for at least a period of ten alien who believes that he has all the
(10) years and that said petitioner has in qualifications, and none of the
their own opinion all the qualifications disqualifications, may file an application
necessary to become a citizen of the for naturalization with the secretariat of
Philippines and is not in any way the Special Committee on Naturalization,
disqualified under the provisions of this and a processing fee of Forty thousand
Act; pesos (P40,000.00). Thereafter, the
petition shall be stamped to indicate the
(f) A medical certificate that petitioner is date of filing and a corresponding docket
not a user of prohibited drugs or number. Within fifteen (15) days from the
otherwise a drug dependent and that receipt of the petition, the Committee
he/she is not afflicted with acquired shall determine whether the petition is
immune deficiency syndrome (AIDS); complete in substance and in form. If such
petition is complete, the Committee shall
(g) School diploma and transcript of immediately publish pertinent portions of
records of the petitioner in the schools he the petition indicating the name,
attended in the Philippines. Should the qualifications and other personal
petitioner have minor children, a circumstances of the applicant, once a
certification that his children are enrolled week for three (3) consecutive weeks in a
in a school where Philippine history, newspaper of general circulation, and
government and civics are taught and are have copies of the petition posted in any
part of the curriculum; and public or conspicuous area. The
Committee shall immediately furnish the
(h) If gainfully employed, the income tax Department of Foreign Affairs (DFA), the
return for the past three (3) years. Bureau of Immigration (BI), the civil
registrar of the petitioner's place of
Section 6. Special Committee on residence and tile National Bureau of
Naturalization. - There shall be Investigation (NBI) copies of the petition
constituted a Special Committee on and its supporting documents. These
Naturalization herein referred to as the agencies shall have copies of the petition
"Committee", with the Solicitor General posted in any public or conspicuous area
as chairman, the Secretary of Foreign in their buildings, offices and premises,
Affairs, or his representative, and the and shall, within thirty (30) days from the
National Security Adviser, as members, receipt of the petition, submit to the
with the power to approve, deny or reject Committee a report stating whether or

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not petitioner has any derogatory record follows: Fifty thousand pesos (P50,000.00)
on file or any such relevant and material upon the approval of the petition and
information which might be adverse to Fifty thousand pesos (P50,000.00) upon
petitioner's application for citizenship. the taking of the oath of allegiance to the
Republic of the Philippines, forthwith, a
If the petition is found by the Committee certificate of naturalization shall be
to be wanting in substance and form, the issued. Within sixty (60) days from the
petition shall be dismissed without issuance of the certificate, the petitioner
prejudice. shall take an oath of allegiance in the
proper forum upon proof of payment of the
Section 8. Approval or Disapproval of the required naturalization processing fee and
Petition. - Within sixty (60) days from certificate of naturalization. Should the
receipt of the report of the agencies which applicant fail to take the abovementioned
were furnished a copy of the petition or oath of allegiance within said period of
the date of the last publication of the time, the approval of the petition shall be
petition, whichever comes in later, the deemed abandoned.
Committee shall consider and review all
relevant and material information it has - Legislative naturalization
received pertaining to the petition, and
may, for the purpose call the petitioner for Naturalization made through a legislative
interview to ascertain his/her identity, the act.
authenticity of the petition and its
annexes, and to determine the - Special naturalization laws
truthfulness of the statements and
declarations made in the petition and its Laws of naturalization with special
annexes. provisions on how citizenship is acquired
by any foreign national covered by the
If the Committee shall have received any said law.
information adverse to the petition, the
Committee shall allow the petitioner to - Mass naturalization law; Philippine Bill
answer, explain or refute the information. of 1902

Thereafter, if the Committee believes, in Section 4. That all inhabitants of the

view of the facts before it, that the Philippine Islands continuing to reside
petitioner has all the qualifications and therein who were Spanish subjects on the
none of the disqualifications required for eleventh day of April, eighteen hundred
Philippine citizenship under this Act, it and ninety-nine, and then resided in the
shall approve the petition and henceforth, Philippine Islands, and their children
notify the petitioner of the fact of such born subsequent thereto, shall be deemed
approval. Otherwise, the Committee shall and held to be citizens of the Philippine
disapprove the same. Islands and as such entitled to the
protection of the United States, except
Section 9. Decree of Naturalization and such as shall have elected to preserve
Naturalization Processing Fee. -Within their allegiance to the Crown of Spain in
thirty (30) days from the receipt of the accordance with the provisions of the
notice of the approval of his/her petition, treaty of peace between the United States
the applicant shall pay to the Committee and Spain signed at Paris December
a naturalization fee of One hundred tenth, eighteen hundred and ninety-eight.
thousand pesos (P100,000.00) payable as

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- General law of naturalization; LOI 270 (1) Having honorably held office under
(1978) the Government of the Philippines or
under that of any of the provinces, cities,
LETTER OF INSTRUCTION NO. 270 municipalities or political subdivisions
thereof;
TO: Solicitor General
Undersecretary of Foreign Affairs (2) Having established a new industry or
Director General, NISA introduced a useful invention in the
Philippines;
SUBJECT: Naturalization of deserving
aliens by decree (3) Being married to a Filipino;

In order that aliens permanently residing (4) Having been engaged as a teacher in
in this country who, having developed and the Philippines in a public or recognized
demonstrated love for and loyalty to the private school not established for the
Philippines and affinity to the customs, exclusive instruction of children of
traditions and ideals of the Filipino persons of a particular nationality or race,
people, as well as contributed to the in any of the branches of education of
economic, social and cultural development industry for a period of not less than two
of our country, may be integrated into the years;
national fabric by the grant of Philippine
citizenship, you are hereby directed as (5) Having been born in the Philippines.
follows?
d. He must be of good moral character and
1. That you shall constitute yourselves as believes in the principles underlying the
a Committee, with the Solicitor General Philippine Constitution, and must have
as Chairman, to receive, and consider and conducted himself in a proper and
submit recommendations on, applications irreproachable manner during the entire
for naturalization by decree from aliens period of his residence in the Philippines
with the following qualifications and none in his relation with the constituted
of the following disqualifications: government as well as with the
community in which he is living;
Qualifications:
e. He must have a known trade, business,
a. He must not be less than 21 years of profession, or lawful occupation, from
age on the date of the filing of his petition; which he derives income sufficient for his
support and, if he is married or has
b. If born in a foreign country, he must dependents, also that of his family;
have been legally admitted into the
Philippines either as an immigrant or a f. He must be able to speak and write
non-immigrant; Pilipino; or English or Spanish, and any of
the principal Philippine languages;
c. He must have had a continuous
residence in the Philippines of ten years, g. He must have enrolled his minor
which period shall be reduced to five children of school age in any of the public
years for applicants with any of the or private schools recognized by the
following special qualifications: Department of Education and Culture,
where Philippine history, government and
civics are taught or prescribed as part of

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the school curriculum, during the period photographs and certified true or xerox
of residence in the Philippines required of copies of his certificate of arrival (if any),
him prior to the filing of his petition his Alien Certificate of Registration and
hereunder; and his Immigrant Certificate of Residence,
and supported by the separate affidavits
h. He must have, during the period of his of two credible witnesses stating that they
residence in the Philippines, mingled have personally known the petitioner for
socially with the Filipinos and evinced a the period of time required under
sincere desire to learn and embrace the paragraph 1 hereof, that petitioner is a
customs, traditions and ideals of the person of good repute and morally
Filipino people. irreproachable, and that said petitioner
has, in their opinion, all the qualifications
Disqualifications: necessary to become a citizen of the
Philippines and is not in any way
a. He must not be opposed to organized disqualified under the provisions of this
government or affiliated with any Decree.
association or group of persons who
uphold and teach doctrines opposing all 3. That the application shall be filed with
organized governments; the Committee not later than ___________,
1975.
b. He must not defend or teach the
necessity or propriety of violence, personal 4. That on the basis of the data available
assault, or assassination for the success to the Committee, the Committee shall
and predominance of his ideas; submit appropriate recommendations to
me not later than May 15, 1975 as to who,
c. He must not be a polygamist or a among the aforesaid applicants, are
believer in the practice of polygamy; eligible and qualified for naturalization by
decree: however, the names and data
d. He must not have been convicted of any pertaining to those aliens previously
crime involving moral turpitude; screened by the Department of National
Defense and the NISA and found
e. He is not suffering from mental appropriate for naturalization by decree
alienation or any incurable contagious shall be forwarded to me without need of
disease. prior screening by the Committee; and

Cases of aliens born of Filipino mothers; 5. You are authorized to promulgate rules
If, however, the applicant was born of a and regulations and prescribe appropriate
Filipino mother before the effectivity of forms and the required fees for the
the new Constitution and has resided effective and expeditious implementation
continuously in the Philippines since of these instructions.
birth, he shall be considered qualified
hereunder without need of any further Done in the City of Manila, this 11th day
qualification, provided he does not suffer of April, in the year of Our Lord, nineteen
from the disqualifications above hundred and seventy-five.
enumerated.
b. Derivative naturalization
2. That the application shall be in
triplicate, signed and verified by the - wife, minor children. Alien woman upon
petitioner himself and accompanied by his marrying a Filipino

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individual's certificate of naturalization or

(Section 4, Republic Act No. 9225) acquired citizenship shall be cancelled or
revoked: Provided, That the fact of such
Section 4. Derivative Citizenship - The person's remaining for more than one (1)
unmarried child, whether legitimate, year in his country of origin, or two (2)
illegitimate or adopted, below eighteen years in any foreign country, shall be
(18) years of age, of those who re-acquire considered prima facie evidence of intent
Philippine citizenship upon effectivity of to permanently reside therein;
this Act shall be deemed citizenship of the
Philippines. (c) If the naturalized person or his wife or
child with acquired citizenship allows
D.Modes of losing citizenship (Article IV, himself or herself to be used as a dummy
Section 3) in violation of any constitutional or legal
provision requiring Philippine citizenship
Section 3. Philippine citizenship may as a condition for the exercise, use or
be lost or reacquired in the manner enjoyment of a right, franchise or
provided by law. privilege, the certificate of naturalization
or acquired citizenship shall be cancelled
1. Involuntary or revoked; and

a. by denaturalization (cancellation of (d) If the naturalized person or his wife or

certificate of naturalization) child with acquired citizenship commits
any act inimical to national security, the
(Section 13, Republic Act No. 9139) certificate of naturalization or acquired
citizenship shall be cancelled or revoked.
Section 13. Cancellation of the Certificate
of Naturalization. - The Special In case the naturalized person holds any
Committee may cancel certificates of hereditary title, or belong to any order of
naturalization issued under this Act in nobility, he shall make an express
the following cases: renunciation of his title or membership in
this order of nobility before the Special
(a) If it finds that the naturalized person Committee or its duly authorized
or his duly authorized representative representative, and such renunciation
made any false statement or shall be included in the records of his
misrepresentation or committed any application for citizenship.
violation of law, rules and regulations in
connection with the petition for b. found by final judgment to be a deserter
naturalization, or if he otherwise obtains of war
Philippine citizenship fraudulently or
illegally, the certificate of naturalization 2. Voluntary
shall be cancelled;
a. by expatriation
(b) If the naturalized person or his wife, or
any or his minor children who acquire - by naturalization in a foreign country
Filipino citizenship by virtue of his
naturalization shall, within five (5) years - by express renunciation of Philippine
next following the grant of Philippine citizenship (Article IV, Section 4)
citizenship, establish permanent
residence in a foreign country, that

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Section 4. Citizens of the Philippines Section 1. Any person who, being a citizen
who marry aliens shall retain their of the Philippines on December eight,
citizenship, unless by their act or nineteen hundred forty-one, had lost said
omission, they are deemed, under the law, citizenship by rendering service to, or
to have renounced it. accepting commission in, the armed forces
of an allied foreign country, and taking an
- by taking an oath of allegiance to a oath of allegiance incident thereto, may
foreign country reacquire Philippine citizenship by taking
an oath of allegiance to the Republic of
Exception: Doctrine of Indelible the Philippines and registering the same
Allegiance with the Local Civil Registry in the place
where he resides or last resided in the
The doctrine that an individual may be Philippines within one year from the date
compelled to retain his original of the approval of this Act. The said oath
nationality notwithstanding that he has of allegiance shall contain, in addition, a
already renounced or forfeited it under renunciation of any other citizenship.
the laws of the second state whose
nationality he has acquired. c. Republic Act No. 2630 (1960) (deserted
US Armed Forces)
E. Modes of reacquiring citizenship
Section 1. Any person who had lost his
1. by naturalization Philippine citizenship by rendering
service to, or accepting commission in, the
2. by repatriation Armed Forces of the United States, or
after separation from the Armed Forces of
a. Commonwealth Act No. 63 (deserted the United States, acquired United States
AFP) citizenship, may reacquire Philippine
citizenship by taking an oath of allegiance
Section. 2. How citizenship may be to the Republic of the Philippines and
reacquired. – Citizenship may be registering the same with the Local Civil
reacquired: Registry in the place where he resides or
last resided in the Philippines. The said
(1) xxx oath of allegiance shall contain a
renunciation of any other citizenship.
(2) By repatriation of deserters of the
Army, Navy or Air d. Presidential Decree No. 725 (natural
Corp: Provided, That a woman who lost born Filipinos who lost citizenship)
her citizenship by reason of her marriage
to an alien may be repatriated in PRESIDENTIAL DECREE NO. 725
accordance with the provisions of this Act
after the termination of the marital PROVIDING FOR REPATRIATION OF
status; and FILIPINO WOMEN WHO HAD LOST
THEIR PHILIPPINE CITIZENSHIP BY
(3) xxx MARRIAGE TO ALIENS AND OF
NATURAL BORN FILIPINOS
b. Republic Act No. 965 (1963) (served
Allied Forces in World War II) WHEREAS, there are many Filipino
women who had lost their Philippine
Citizenship by marriage to aliens;

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for the effective implementation of this

WHEREAS, while the new constitution Decree.
allows a Filipino woman who marries an
alien to retain her Philippine citizenship This Decree shall take effect immediately.
unless by her act or omission, she is
deemed under the law to have renounced Done in the City of Manila, this 5th day of
her Philippine citizenship, such provision June, in the year of Our Lord, nineteen
of the new Constitution does not apply to hundred and seventy-five.
Filipino women who had married aliens
before said Constitution took effect; e. Republic Act No. 8171 (1995) (lost
citizenship due to marriage, politics or
WHEREAS, the existing law (C.A. Nos. economics)
63, as amended) allows the repatriation of
Filipino women who lost their citizenship Section 1. Filipino women who have
by reason of their marriage to aliens only lost their Philippine citizenship by
after the death of their husbands or the marriage to aliens and natural-born
termination of their marital status; and Filipinos who have lost their
Philippine citizenship, including their
WHEREAS, there are natural born minor children, on account of political or
Filipinos who have lost their Philippine economic necessity, may reacquire
citizenship but now desire to re-acquire Philippine citizenship through
Philippine citizenship; repatriation in the manner provided in
Section 4 of Commonwealth Act No. 63, as
NOW, THEREFORE, I, FERDINAND E. amended: Provided, That the applicant is
MARCOS, President of the Philippines, by not a:
virtue of the powers in me vested by the
Constitution, do hereby decree and order (1) Person opposed to organized
that: 1) Filipino women who lost their government or affiliated with any
Philippine citizenship by marriage to association or group of persons who
aliens; and (2) natural born Filipinos who uphold and teach doctrines opposing
have lost their Philippine citizenship may organized government;
require Philippine citizenship through
repatriation by applying with the Special (2) Person defending or teaching the
Committee on Naturalization created by necessity or propriety of violence, personal
Letter of Instruction No. 270, and, if their assault, or association for the
applications are approved, taking the predominance of their ideas;
necessary oath of allegiance to the
Republic of the Philippines, after which (3) Person convicted of crimes involving
they shall be deemed to have reacquired moral turpitude; or
Philippine citizenship. The Commission
on Immigration and Deportation shall (4) Person suffering from mental
thereupon cancel their certificate of alienation or incurable contagious
registration. diseases.

The aforesaid Special Committee is - how is repatriation accomplished?

hereby authorized to promulgate rules
and regulations and prescribe the Section 2. Repatriation shall be effected
appropriate forms and the required fees by taking the necessary oath of allegiance
to the Republic of the Philippines and

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registration in the proper civil registry absolutely and forever all allegiance and
and in the Bureau or Immigration. The fidelity to any foreign prince, potentate,
Bureau of Immigration shall thereupon state or sovereignty, and particularly to
cancel the pertinent alien certificate of the . . . . . . . . . . . . . . . . . . of which at this
registration and issue the certificate of time I am a subject or citizen; that I will
identification as Filipino citizen to the support and defend the Constitution of
repatriated citizen. the Philippines and that I will obey the
laws, legal orders and decrees
f. Republic Act No. 9225 (September 17, promulgated by the duly constituted
2003) (Citizenship Retention and authorities of the Commonwealth15of the
Acquisition Act of 2003) Philippines; [and I hereby declare that I
recognize and accept the supreme
- Effect of acquisition of foreign authority of the United States of America
citizenship before RA 9225 in the Philippines and will maintain true
faith and allegiance thereto;16 and that I
(Section 12, Commonwealth Act No. 473) impose this obligation upon myself
voluntarily without mental reservation or
Section 12. Issuance of the Certificate of purpose of evasion.
Naturalization.—If, after the lapse of
thirty days from and after the date on "So help me God."
which the parties were notified of the
Court, no appeal has been filed, or if, upon - Effect of acquisition of foreign
appeal, the decision of the court has been citizenship under RA 9225
confirmed by the Supreme Court,14 and
the said decision has become final, the Section 3. Retention of Philippine
clerk of the court which heard the petition Citizenship - Any provision of law to the
shall issue to the petitioner a contrary notwithstanding, natural-born
naturalization certificate which shall, citizenship by reason of their
among other things, state the following: naturalization as citizens of a foreign
The file number of the petition, the country are hereby deemed to have re-
number of the naturalization certificate, acquired Philippine citizenship upon
the signature of the person naturalized taking the following oath of
affixed in the presence of the clerk of the allegiance to the Republic:
court, the personal circumstances of the
person naturalized, the dates on which his "I _____________________, solemnly swear
declaration of intention and petition were (or affrim) that I will support and defend
filed, the date of the decision granting the the Constitution of the Republic of the
petition, and the name of the judge who Philippines and obey the laws and legal
rendered the decision. A photograph of orders promulgated by the duly
the petitioner with the dry seal affixed constituted authorities of the Philippines;
thereto of the court which granted the and I hereby declare that I recognize and
petition, must be affixed to the certificate. accept the supreme authority of the
Philippines and will maintain true faith
Before the naturalization certificate is and allegiance thereto; and that I imposed
issued, the petitioner shall, in open court, this obligation upon myself voluntarily
take the following oath: without mental reservation or purpose of
evasion."
"I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . , solemnly swear that I renounce

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Natural born citizens of the (5) That right to vote or be elected or

Philippines who, after the effectivity appointed to any public office in the
of this Act, become citizens of a Philippines cannot be exercised by, or
foreign country shall retain their extended to, those who:
Philippine citizenship upon taking the
aforesaid oath. (a) are candidates for or are occupying
any public office in the country of which
Section 5. Civil and Political Rights and they are naturalized citizens; and/or
Liabilities - Those who retain or re-
acquire Philippine citizenship under this (b) are in active service as commissioned
Act shall enjoy full civil and political or non-commissioned officers in the armed
rights and be subject to all attendant forces of the country which they are
liabilities and responsibilities under naturalized citizens.
existing laws of the Philippines and the
following conditions: Mercado vs. Manzano
G. R. No. 135083, 26 May 1999
(1) Those intending to exercise their right 307 SCRA 630
of suffrage must Meet the requirements
Facts:
under Section 1, Article V of the
Edu Manzano and Ernesto Mercado were
Constitution, Republic Act No. 9189, candidates for vice mayor in Makati City in
otherwise known as "The Overseas the 1998 elections. Manzano garnered the
Absentee Voting Act of 2003" and other highest number of votes. However, a certain
existing laws; Ernesto Mamaril filed a disqualification case
against Manzano on the ground that Manzano
(2) Those seeking elective public in the was not a citizen of the Philippines but of the
Philippines shall meet the qualification United States, The Comelec granted the
for holding such public office as required petition of Mamaril, disqualifying Manzano
by the Constitution and existing laws and, because of holding a dual citizenship, Filipino
and American. The Comelec en banc reversed
at the time of the filing of the certificate of
the division ruling stating that Manzano,
candidacy, make a personal and sworn being born in San Francisco, California, USA,
renunciation of any and all foreign he acquired American citizenship under the
citizenship before any public officer principle of jus soli, but he was also a natural
authorized to administer an oath; born citizen under the 1935 Constitution, and
he is also a registered voter in the Philippines,
(3) Those appointed to any public office voted in the 1992, 1995, and 1998 elections,
shall subscribe and swear to an oath of thereby renouncing his American citizenship.
allegiance to the Republic of the He was later on proclaimed as vice mayor of
Philippines and its duly constituted Makati City on August 31, 1998.
authorities prior to their assumption of
Issue:
office: Provided, That they renounce their Whether or not Manzano is qualified to run
oath of allegiance to the country where and assume office as vice-mayor of Makati
they took that oath; City.

(4) Those intending to practice their Held:

profession in the Philippines shall apply Yes.
with the proper authority for a license or The disqualification of private respondent
permit to engage in such practice; and Manzano is being sought under §40 of the
Local Government Code of 1991 (R.A. No.
7160), which declares as “disqualified from

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running for any elective local position: . . . (d) hand, refers to the situation in which a person
Those with dual citizenship.” This provision is simultaneously owes, by some positive act,
incorporated in the Charter of the City of loyalty to two or more states. While dual
Makati. citizenship is involuntary, dual allegiance is
the result of an individual’s volition.
Invoking the maxim dura lex sed lex,
petitioner, as well as the Solicitor General, With respect to dual allegiance, Article IV, §5
who sides with him in this case, contends that of the Constitution provides: “Dual allegiance
through §40(d) of the Local Government Code, of citizens is inimical to the national interest
Congress has “command[ed] in explicit terms and shall be dealt with by law.” This provision
the ineligibility of persons possessing dual was included in the 1987 Constitution at the
allegiance to hold local elective office.” instance of Commissioner Blas F. Ople
whoexplained its necessity as follows:
To begin with, dual citizenship is different
from dual allegiance. The former arises when, . . .I want to draw attention to the fact that
as a result of the concurrent application of the dual allegiance is not dual citizenship. I have
different laws of two or more states, a person circulated a memorandum to the Bernas
is simultaneously considered a national by the Committee according to which a dual
said states. For instance, such a situation may allegiance—and I reiterate a dual allegiance—
arise when a person whose parents are is larger and more threatening than that of
citizens of a state which adheres to the mere double citizenship which is seldom
principle of jus sanguinis is born in a state intentional and, perhaps, never insidious.
which follows the doctrine of jus soli. Such a That is often a function of the accident of
person, ipso facto and without any voluntary mixed marriages or of birth on foreign soil.
act on his part, is concurrently considered a And so, I do not question double citizenship at
citizen of both states. all.

Considering the citizenship clause (Art. IV) of What we would like the Committee to consider
our Constitution, it is possible for the is to take constitutional cognizance of the
following classes of citizens of the Philippines problem of dual allegiance. For example, we
to possess dual citizenship: all know what happens in the triennial
elections of the Federation of Filipino-Chinese
(1) Those born of Filipino fathers and/or Chambers of Commerce which consists of
mothers in foreign countries which follow the about 600 chapters all over the country. There
principle of jus soli; is a Peking ticket, as well as a Taipei ticket.
Not widely known is the fact that the Filipino-
(2) Those born in the Philippines of Filipino Chinese community is represented in the
mothers and alien fathers if by the laws of Legislative Yuan of the Republic of China in
their fathers’ country such children are Taiwan. And until recently, the sponsor might
citizens of that country; recall, in Mainland China in the People’s
Republic of China, they have the Associated
(3) Those who marry aliens if by the laws of Legislative Council for overseas Chinese
the latter’s country the former are considered wherein all of Southeast Asia including some
citizens, unless by their act or omission they European and Latin countries were
are deemed to have renounced Philippine represented, which was dissolved after several
citizenship. years because of diplomatic friction. At that
time, the Filipino-Chinese were also
There may be other situations in which a represented in that Overseas Council.
citizen of the Philippines may, without
performing any act, be also a citizen of When I speak of double allegiance, therefore, I
another state; but the above cases are clearly speak of this unsettled kind of allegiance of
possible given the constitutional provisions on Filipinos, of citizens who are already Filipinos
citizenship. Dual allegiance, on the other but who, by their acts, may be said to be

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bound by a second allegiance, either to Peking diplomatic relations with the People’s
or Taiwan. I also took close note of the concern Republic of China was made in 1975, a good
expressed by some Commissioners yesterday, number of these naturalized Filipinos still
including Commissioner Villacorta, who were routinely go to Taipei every October 10; and it
concerned about the lack of guarantees of is asserted that some of them do renew their
thorough assimilation, and especially oath of allegiance to a foreign government
Commissioner Concepcion who has always maybe just to enter into the spirit of the
been worried about minority claims on our occasion when the anniversary of the Sun Yat-
natural resources. Sen Republic is commemorated. And so, I
have detected a genuine and deep concern
Dual allegiance can actually siphon scarce about double citizenship, with its attendant
national capital to Taiwan, Singapore, China risk of double allegiance which is repugnant to
or Malaysia, and this is already happening. our sovereignty and national security. I
Some of the great commercial places in appreciate what the Committee said that this
downtown Taipei are Filipino-owned, owned could be left to the determination of a future
by Filipino-Chinese—it is of common legislature. But considering the scale of the
knowledge in Manila. It can mean a tragic problem, the real impact on the security of
capital outflow when we have to endure a this country, arising from, let us say,
capital famine which also means economic potentially great numbers of double citizens
stagnation, worsening unemployment and professing double allegiance, will the
social unrest. Committee entertain a proposed amendment
at the proper time that will prohibit, in effect,
And so, this is exactly what we ask—that the or regulate double citizenship?
Committee kindly consider incorporating a
new section, probably Section 5, in the article Clearly, in including §5 in Article IV on
on Citizenship which will read as follows: citizenship, the concern of the Constitutional
Commission was not with dual citizens per se
DUAL ALLEGIANCE IS INIMICAL TO but with naturalized citizens who maintain
CITIZENSHIP AND SHALL BE DEALT their allegiance to their countries of origin
WITH ACCORDING TO LAW. even after their naturalization. Hence, the
phrase “dual citizenship” in R.A. No. 7160,
In another session of the Commission, Ople §40(d) and in R.A. No. 7854, §20 must be
spoke on the problem of these citizens with understood as referring to “dual allegiance.”
dual allegiance, thus:
Consequently, persons with mere dual
. . . A significant number of Commissioners citizenship do not fall under this
expressed their concern about dual citizenship disqualification. Unlike those with dual
in the sense that it implies a double allegiance allegiance, who must, therefore, be subject to
under a double sovereignty which some of us strict process with respect to the termination
who spoke then in a freewheeling debate of their status, for candidates with dual
thought would be repugnant to the citizenship, it should suffice if, upon the filing
sovereignty which pervades the Constitution of their certificates of candidacy, they elect
and to citizenship itself which implies a Philippine citizenship to terminate their
uniqueness and which elsewhere in the status as persons with dual citizenship
Constitution is defined in terms of rights and considering that their condition is the
obligations exclusive to that citizenship unavoidable consequence of conflicting laws of
including, of course, the obligation to rise to different states. As Joaquin G. Bernas, one of
the defense of the State when it is threatened, the most perceptive members of the
and back of this, Commissioner Bernas, is, of Constitutional Commission, pointed out:
course, the concern for national security. In
the course of those debates, I think some “[D]ual citizenship is just a reality imposed on
noted the fact that as a result of the wave of us because we have no control of the laws on
naturalizations since the decision to establish citizenship of other countries. We recognize a

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child of a Filipino mother. But whether or not The record shows that private respondent was
she is considered a citizen of another country born in San Francisco, California on
is something completely beyond our control.” September 4, 1955, of Filipino parents. Since
the Philippines adheres to the principle of jus
By electing Philippine citizenship, such sanguinis, while the United States follows the
candidates at the same time forswear doctrine of jus soli, the parties agree that, at
allegiance to the other country of which they birth at least, he was a national both of the
are also citizens and thereby terminate their Philippines and of the United States.
status as dual citizens. It may be that, from
the point of view of the foreign state and of its However, the COMELEC en banc held that,
laws, such an individual has not effectively by participating in Philippine elections in
renounced his foreign citizenship. 1992, 1995, and 1998, private respondent
“effectively renounced his U.S. citizenship
This is similar to the requirement that an under American law,” so that now he is solely
applicant for naturalization must renounce a Philippine national.
“all allegiance and fidelity to any foreign
prince, potentate, state, or sovereignty” of Petitioner challenges this ruling. He argues
which at the time he is a subject or citizen that merely taking part in Philippine elections
before he can be issued a certificate of is not sufficient evidence of renunciation and
naturalization as a citizen of the Philippines. that, in any event, as the alleged renunciation
In Parado v. Republic, it was held: was made when private respondent was
already 37 years old, it was ineffective as it
[W]hen a person applying for citizenship by should have been made when he reached the
naturalization takes an oath that he age of majority.
renounces his loyalty to any other country or
government and solemnly declares that he In holding that by voting in Philippine
owes his allegiance to the Republic of the elections private respondent renounced his
Philippines, the condition imposed by law is American citizenship, the COMELEC must
satisfied and complied with. The have in mind §349 of the Immigration and
determination whether such renunciation is Nationality Act of the United States, which
valid or fully complies with the provisions of provided that “A person who is a national of
our Naturalization Law lies within the the United States, whether by birth or
province and is an exclusive prerogative of our naturalization, shall lose his nationality by: . .
courts. The latter should apply the law duly . (e) Voting in a political election in a foreign
enacted by the legislative department of the state or participating in an election or
Republic. No foreign law may or should plebiscite to determine the sovereignty over
interfere with its operation and application. If foreign territory.” To be sure this provision
the requirement of the Chinese Law of was declared unconstitutional by the U.S.
Nationality were to be read into our Supreme Court in Afroyim v. Rusk as beyond
Naturalization Law, we would be applying not the power given to the U.S. Congress to
what our legislative department has deemed it regulate foreign relations. However, by filing a
wise to require, but what a foreign certificate of candidacy when he ran for his
government has thought or intended to exact. present post, private respondent elected
Philippine citizenship and in effect renounced
That, of course, is absurd. It must be resisted his American citizenship. Private respondent’s
by all means and at all cost. It would be a certificate of candidacy, filed on March 27,
brazen encroachment upon the sovereign will 1998, contained the following statements
and power of the people of this Republic. made under oath:

III. PETITIONER’S ELECTION OF 6. I AM A FILIPINO CITIZEN (STATE IF

PHILIPPINE CITIZENSHIP “NATURAL-BORN” OR “NATURALIZED”)
NATURAL-BORN

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.... his US citizenship but before he was

repatriated to his Filipino citizenship.”
10. I AM A REGISTERED VOTER OF
PRECINCT NO. 747-A, BARANGAY SAN On this point, we quote from the assailed
LORENZO, CITY/MUNICIPALITY OF Resolution dated December 19, 1995:
MAKATI, PROVINCE OF NCR.
“By the laws of the United States, petitioner
11. I AM NOT A PERMANENT RESIDENT Frivaldo lost his American citizenship when
OF, OR IMMIGRANT TO, A FOREIGN he took his oath of allegiance to the Philippine
COUNTRY. Government when he ran for Governor in
1988, in 1992, and in 1995.
12. I AM ELIGIBLE FOR THE OFFICE I
SEEK TO BE ELECTED. I WILL SUPPORT Every certificate of candidacy contains an oath
AND DEFEND THE CONSTITUTION OF of allegiance to the Philippine Government.”
THE PHILIPPINES AND WILL MAINTAIN
TRUE FAITH AND ALLEGIANCE These factual findings that Frivaldo has lost
THERETO; THAT I WILL OBEY THE LAWS, his foreign nationality long before the
LEGAL elections of 1995 have not been effectively
ORDERS AND DECREES PROMULGATED rebutted by Lee. Furthermore, it is basic that
BY THE DULY CONSTITUTED such findings of the Commission are
AUTHORITIES OF THE REPUBLIC OF THE conclusive upon this Court, absent any
PHILIPPINES, AND THAT I IMPOSE THIS showing of capriciousness or arbitrariness or
OBLIGATION UPON MYSELF abuse.
VOLUNTARILY, WITHOUT MENTAL
RESERVATION OR PURPOSE OF There is, therefore, no merit in petitioner’s
EVASION. I HEREBY CERTIFY THAT THE contention that the oath of allegiance
FACTS STATED HEREIN ARE TRUE AND contained in private respondent’s certificate of
CORRECT OF MY OWN PERSONAL candidacy is insufficient to constitute
KNOWLEDGE. renunciation of his American citizenship.
Equally without merit is petitioner’s
The filing of such certificate of candidacy contention that, to be effective, such
sufficed to renounce his American citizenship, renunciation should have been made upon
effectively removing any disqualification he private respondent reaching the age of
might have as a dual citizen. Thus, in Frivaldo majority since no law requires the election of
v. COMELEC it was held: Philippine citizenship to be made upon
majority age.
It is not disputed that on January 20, 1983
Frivaldo became an American. Would the Finally, much is made of the fact that private
retroactivity of his repatriation not effectively respondent admitted that he is registered as
give him dual citizenship, which under Sec. 40 an American citizen in the Bureau of
of the Local Government Code would Immigration and Deportation and that he
disqualify him “from running for any elective holds an American passport which he used in
local position?” We answer this question in the his last travel to the United States on April
negative, as there is cogent reason to hold that 22, 1997. There is no merit in this. Until the
Frivaldo was really STATELESS at the time filing of his certificate of candidacy on March
he took said oath of allegiance and even before 21, 1998, he had dual citizenship. The acts
that, when he ran for governor in 1988. In his attributed to him can be considered simply as
Comment, Frivaldo wrote that he “had long the assertion of his American nationality
renounced and had long abandoned his before the termination of his American
American citizenship—long before May 8, citizenship. What this Court said in Aznar v.
1995. At best, Frivaldo was stateless in the COMELEC applies mutatis mutandis to
interim—when he abandoned and renounced private respondent in the case at bar:

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. . . Considering the fact that admittedly electing Philippine citizenship, renounces his
Osmeña was both a Filipino and an American, foreign nationality, but subsequently does
the mere fact that he has a Certificate stating some act constituting renunciation of his
he is an American does not mean that he is Philippine citizenship.
not still a Filipino . . . . [T]he Certification that
he is an American does not mean that he is Maquiling vs. Commission on Elections
not still a Filipino, possessed as he is, of both G. R. No. 195649, 16 April 2013
nationalities or citizenships. Indeed, there is 696 SCRA 420
no express renunciation here of Philippine
citizenship; truth to tell, there is even no G. R. No. 195649, 2 July 2013
implied renunciation of said citizenship. When 700 SCRA 367
We consider that the renunciation needed to
lose Philippine citizenship must be “express,” Facts:
it stands to reason that there can be no such Rommel Arnado, a natural-born Filipino
loss of Philippine citizenship when there is no citizen who was naturalized as an American
renunciation, either “express” or “implied.” citizen, applied for repatriation under RA
9225 at the Philippine Consulate General in
To recapitulate, by declaring in his certificate San Francisco, USA, which was approved and
of candidacy that he is a Filipino citizen; that later on took an oath of allegiance. He filed his
he is not a permanent resident or immigrant certificate of candidacy for mayor of
of another country; that he will defend and Kauswagan, Lanao del Norte. Linog Balua,
support the Constitution of the Philippines another mayoral candidate, filed a
and bear true faith and allegiance thereto and disqualification case against Arnado in
that he does so without mental reservation, connection with the 2010 elections, based on
private respondent has, as far as the laws of the computer database indicating his
this country are concerned, effectively nationality as American. The Comelec
repudiated his American citizenship and required Arnado to answer on the case but he
anything which he may have said before as a failed to do such. Balua moved to declare
dual citizen. Arnado in default and to present evidence ex
parte but both were not acted upon, having
On the other hand, private respondent’s oath been overtaken by the 2010 elections where
of allegiance to the Philippines, when Arnado garnered the highest number of votes
considered with the fact that he has spent his and subsequently proclaimed as mayor of
youth and adulthood, received his education, Kauswagan, in which Arnado filed his answer
practiced his profession as an artist, and after the said proclamation. The Comelec 1st
taken part in past elections in this country, Division ruled on the disqualification of
leaves no doubt of his election of Philippine Arnado, but its en banc reversed the division
citizenship. ruling.

His declarations will be taken upon the faith Issue:

that he will fulfill his undertaking made Whether or not the use of foreign passport of
under oath. Should he betray that trust, there Arnado after renouncing foreign citizenship
are enough sanctions for declaring the loss of amounts to undoing an earlier renounciation.
his Philippine citizenship through
expatriation in appropriate proceedings. In Yu Held:
v. Defensor-Santiago, we sustained the denial No.
of entry into the country of petitioner on the Section 5(2) of The Citizenship Retention and
ground that, after taking his oath as a Reacquisition Act of 2003 provides:
naturalized citizen, he applied for the renewal
of his Portuguese passport and declared in Those who retain or re-acquire Philippine
commercial documents executed abroad that citizenship under this Act shall enjoy full civil
he was a Portuguese national. A similar and political rights and be subject to all
sanction can be taken against any one who, in attendant liabilities and responsibilities under

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existing laws of the Philippines and the showing his continued possession of a foreign
following conditions: citizenship.

xxxx Arnado himself subjected the issue of his

citizenship to attack when, after renouncing
(2) Those seeking elective public in the his foreign citizenship, he continued to use his
Philippines shall meet the qualification for US passport to travel in and out of the country
holding such public office as required by the before filing his certificate of candidacy on 30
Constitution and existing laws and, at the November 2009. The pivotal question to
time of the filing of the certificate of determine is whether he was solely and
candidacy, make a personal and sworn exclusively a Filipino citizen at the time he
renunciation of any and all foreign citizenship filed his certificate of candidacy, thereby
before any public officer authorized to rendering him eligible to run for public office.
administer an oath. x x x
Between 03 April 2009, the date he renounced
Rommel Arnado took all the necessary steps his foreign citizenship, and 30 November
to qualify to run for a public office. He took 2009, the date he filed his COC, he used his
the Oath of Allegiance and renounced his US passport four times, actions that run
foreign citizenship. There is no question that counter to the affidavit of renunciation he had
after performing these twin requirements earlier executed. By using his foreign
required under Section 5(2) of R.A. No. 9225 passport, Arnado positively and voluntarily
or the Citizenship Retention and Re- represented himself as an American, in effect
acquisition Act of 2003, he became eligible to declaring before immigration authorities of
run for public office. both countries that he is an American citizen,
with all attendant rights and privileges
Indeed, Arnado took the Oath of Allegiance granted by the United States of America.
not just only once but twice: first, on 10 July
2008 when he applied for repatriation before The renunciation of foreign citizenship is not a
the Consulate General of the Philippines in hollow oath that can simply be professed at
San Francisco, USA, and again on 03 April any time, only to be violated the next day. It
2009 simultaneous with the execution of his requires an absolute and perpetual
Affidavit of Renunciation. By taking the Oath renunciation of the foreign citizenship and a
of Allegiance to the Republic, Arnado re- full divestment of all civil and political rights
acquired his Philippine citizenship. At the granted by the foreign country which granted
time, however, he likewise possessed the citizenship.
American citizenship. Arnado had therefore
become a dual citizen. While the act of using a foreign passport is not
one of the acts enumerated in Commonwealth
After reacquiring his Philippine citizenship, Act No. 63 constituting renunciation and loss
Arnado renounced his American citizenship by of Philippine citizenship, it is nevertheless an
executing an Affidavit of Renunciation, thus act which repudiates the very oath of
completing the requirements for eligibility to renunciation required for a former Filipino
run for public office. citizen who is also a citizen of another country
to be qualified to run for a local elective
By renouncing his foreign citizenship, he was position.
deemed to be solely a Filipino citizen,
regardless of the effect of such renunciation When Arnado used his US passport on 14
under the laws of the foreign country. April 2009, or just eleven days after he
renounced his American citizenship, he
However, this legal presumption does not recanted his Oath of Renunciation that he
operate permanently and is open to attack “absolutely and perpetually renounce(s) all
when, after renouncing the foreign allegiance and fidelity to the UNITED
citizenship, the citizen performs positive acts STATES OF AMERICA” and that he “divest(s)

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[him]self of full employment of all civil and

political rights and privileges of the United This Court has previously ruled that:
States of America.”
Qualifications for public office are continuing
We agree with the COMELEC En Banc that requirements and must be possessed not only
such act of using a foreign passport does not at the time of appointment or election or
divest Arnado of his Filipino citizenship, assumption of office but during the officer’s
which he acquired by repatriation. entire tenure. Once any of the required
qualifications is lost, his title may be
However, by representing himself as an seasonably challenged. x x x.
American citizen, Arnado voluntarily and
effectively reverted to his earlier status as a The citizenship requirement for elective public
dual citizen. Such reversion was not office is a continuing one. It must be possessed
retroactive; it took place the instant Arnado not just at the time of the renunciation of the
represented himself as an American citizen by foreign citizenship but continuously. Any act
using his US passport. which violates the oath of renunciation opens
the citizenship issue to attack.
This act of using a foreign passport after
renouncing one’s foreign citizenship is fatal to We agree with the pronouncement of the
Arnado’s bid for public office, as it effectively COMELEC First Division that “Arnado’s act
imposed on him a disqualification to run for of consistently using his US passport
an elective local position. effectively negated his “Affidavit of
Renunciation.” This does not mean, that he
Arnado’s category of dual citizenship is that failed to comply with the twin requirements
by which foreign citizenship is acquired under R.A. No. 9225, for he in fact did. It was
through a positive act of applying for after complying with the requirements that he
naturalization. This is distinct from those performed positive acts which effectively
considered dual citizens by virtue of birth, disqualified him from running for an elective
who are not required by law to take the oath public office pursuant to Section 40(d) of the
of renunciation as the mere filing of the Local Government Code of 1991.
certificate of candidacy already carries with it
an implied renunciation of foreign citizenship. 2 July 2013 decision ruling:
Dual citizens by naturalization, on the other
hand, are required to take not only the Oath With all due respect to the dissent, the
of Allegiance to the Republic of the declared policy of Republic Act No. (RA) 9225
Philippines but also to personally renounce is that “all Philippine citizens who become
foreign citizenship in order to qualify as a citizens of another country shall be deemed
candidate for public office. not to have lost their Philippine citizenship
under the conditions of this Act.” This policy
By the time he filed his certificate of pertains to the reacquisition of Philippine
candidacy on 30 November 2009, Arnado was citizenship. Section 5(2) requires those who
a dual citizen enjoying the rights and have re-acquired Philippine citizenship and
privileges of Filipino and American who seek elective public office, to renounce
citizenship. He was qualified to vote, but by any and all foreign citizenship.
the express disqualification under Section
40(d) of the Local Government Code, he was This requirement of renunciation of any and
not qualified to run for a local elective all foreign citizenship, when read together
position. In effect, Arnado was solely and with Section 40(d) of the Local Government
exclusively a Filipino citizen only for a period Code which disqualifies those with dual
of eleven days, or from 3 April 2009 until 14 citizenship from running for any elective local
April 2009, on which date he first used his position, indicates a policy that anyone who
American passport after renouncing his seeks to run for public office must be solely
American citizenship. and exclusively a Filipino citizen. To allow a

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former Filipino who reacquires Philippine

citizenship to continue using a foreign Facts:
passport — which indicates the recognition of Renato David migrated to Canada and became
a foreign state of the individual as its national a Canadian citizen by naturalization. Upon
— even after the Filipino has renounced his retirement, he and his wife returned to the
foreign citizenship, is to allow a complete Philippines wherein they purchased a 600-
disregard of this policy. square meter lot along the beach in Tambong,
Gloria, Oriental Mindoro where they
Further, we respectfully disagree that the constructed a residential house, in which they
majority decision rules on a situation of doubt. learned that the portion where their house
was built was part of the salvage zone and a
Indeed, there is no doubt that Section 40(d) of public land. David filed with the DENR at the
the Local Government Code disqualifies those Community Environment and Natural
with dual citizenship from running for local Resources Office (CENRO) a Miscellaneous
elective positions. Lease Application (MLA) over the subject
land, which he indicated that he is a Filipino
There is likewise no doubt that the use of a citizen. Editha Agbay opposed the application
passport is a positive declaration that one is a on the ground that David is disqualified to
citizen of the country which issued the own land because of his Canadian citizenship.
passport, or that a passport proves that the She also filed a criminal case for falsification
country which issued it recognizes the person of public documents. David reacquired his
named therein as its national. Filipino citizenship under RA 9225 at the
Consulate General of the Philippines in
It is unquestioned that Arnado is a natural Toronto, Canada. The CENRO rejected the
born Filipino citizen, or that he acquired MLA of David which ruled that his
American citizenship by naturalization. There subsequent reacquisition of Philippine
is no doubt that he reacquired his Filipino citizenship did not cure the defect in his MLA
citizenship by taking his Oath of Allegiance to which was void ab initio. David challenged the
the Philippines and that he renounced his criminal case before the DOJ which was
American citizenship. It is also indubitable denied and later on an information was filed
that after renouncing his American with the MTC. Before his arrest, David moved
citizenship, Arnado used his U.S. passport at for re-determination of probable cause which
least six times. was denied holding that R.A. 9225 makes a
distinction between those who became foreign
If there is any remaining doubt, it is regarding citizens during its effectivity, and those who
the efficacy of Arnado’s renunciation of his lost their Philippine citizenship before its
American citizenship when he subsequently enactment when the governing law was
used his U.S. passport. The renunciation of Commonwealth Act No. 63 (CA 63). Since the
foreign citizenship must be complete and crime for which petitioner was charged was
unequivocal. The requirement that the alleged and admitted to have been committed
renunciation must be made through an oath on April 12, 2007 before he had reacquired his
emphasizes the solemn duty of the one Philippine citizenship, the MTC concluded
making the oath of renunciation to remain that petitioner was at that time still a
true to what he has sworn to. Allowing the Canadian citizen. The RTC affirmed the prior
subsequent use of a foreign passport because decision.
it is convenient for the person to do so is
rendering the oath a hollow act. It devalues Issue:
the act of taking of an oath, reducing it to a Whether or not David may be indicted for
mere ceremonial formality. falsification as a Filipino citizen in his Public
Land Application despite his subsequent
David v. Agbay reacquisition of Philippine citizenship under
G. R. No. 199113, 18 March 2015 the provisions of RA 9225.
753 SCRA 526

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Held: those natural-born Filipinos who have lost

No. their citizenship by naturalization in a foreign
R.A. 9225, otherwise known as the country who shall reacquire their Philippine
“Citizenship Retention and Reacquisition Act citizenship upon taking the oath of allegiance
of 2003,” was signed into law by President to the Republic of the Philippines. The second
Gloria Macapagal-Arroyo on August 29, 2003. paragraph covers those natural-born Filipinos
Sections 2 and 3 of said law read: who became foreign citizens after R.A. 9225
took effect, who shall retain their Philippine
SEC. 2. Declaration of Policy.—It is hereby citizenship upon taking the same oath. The
declared the policy of the State that all taking of oath of allegiance is required for
Philippine citizens who become citizens of both categories of natural-born Filipino
another country shall be deemed not to have citizens who became citizens of a foreign
lost their Philippine citizenship under the country, but the terminology used is different,
conditions of this Act. “reacquired” for the first group, and “retain”
for the second group.
SEC. 3. Retention of Philippine Citizenship.—
Any provision of law to the contrary The law thus makes a distinction between
notwithstanding, natural-born citizens of the those natural-born Filipinos who became
Philippines who have lost their Philippine foreign citizens before and after the effectivity
citizenship by reason of their naturalization of R.A. 9225. Although the heading of Section
as citizens of a foreign country are hereby 3 is “Retention of Philippine Citizenship,” the
deemed to have reacquired Philippine authors of the law intentionally employed the
citizenship upon taking the following oath of terms “reacquire” and “retain” to describe the
allegiance to the Republic: legal effect of taking the oath of allegiance to
the Republic of the Philippines. This is also
“I ______________________, solemnly swear (or evident from the title of the law using both
affirm) that I will support and defend the reacquisition and retention.
Constitution of the Republic of the Philippines
and obey the laws and legal orders In fine, for those who were naturalized in a
promulgated by the duly constituted foreign country, they shall be deemed to have
authorities of the Philippines; and I hereby reacquired their Philippine citizenship which
declare that I recognize and accept the was lost pursuant to CA 63, under which
supreme authority of the Philippines and will naturalization in a foreign country is one of
maintain true faith and allegiance thereto; the ways by which Philippine citizenship may
and that I impose this obligation upon myself be lost. As its title declares, R.A. 9225 amends
voluntarily without mental reservation or CA 63 by doing away with the provision in the
purpose of evasion.” old law which takes away Philippine
citizenship from natural-born Filipinos who
Natural-born citizens of the Philippines who, become naturalized citizens of other countries
after the effectivity of this Act, become and allowing dual citizenship, and also
citizens of a foreign country shall retain their provides for the procedure for reacquiring and
Philippine citizenship upon taking the retaining Philippine citizenship. In the case of
aforesaid oath. (Emphasis supplied) those who became foreign citizens after R.A.
9225 took effect, they shall retain Philippine
While Section 2 declares the general policy citizenship despite having acquired foreign
that Filipinos who have become citizens of citizenship provided they took the oath of
another country shall be deemed “not to have allegiance under the new law.
lost their Philippine citizenship,” such is
qualified by the phrase “under the conditions Considering that petitioner was naturalized
of this Act.” Section 3 lays down such as a Canadian citizen prior to the effectivity of
conditions for two categories of natural-born R.A. 9225, he belongs to the first category of
Filipinos referred to in the first and second natural-born Filipinos under the first
paragraphs. Under the first paragraph are paragraph of Section 3 who lost Philippine

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citizenship by naturalization in a foreign

country. As the new law allows dual 1. Filipino citizens before the 1987
citizenship, he was able to reacquire his Constitution
Philippine citizenship by taking the required
oath of allegiance.
a. citizens under the 1973 Constitution
For the purpose of determining the citizenship
of petitioner at the time of filing his MLA, it is b. citizens under the 1935 Constitution
not necessary to discuss the rulings in
Frivaldo and Altarejos on the retroactivity of c. citizens under the Philippine Bill of
such reacquisition because R.A. 9225 itself 1902
treats those of his category as having already
lost Philippine citizenship, in 2. those born with Filipino father or
contradistinction to those natural-born mother
Filipinos who became foreign citizens after
R.A. 9225 came into force. In other words,
3. those who elect Philippine citizenship
Section 2 declaring the policy that considers
Filipinos who became foreign citizens as not to
pursuant to the 1935 Constitution
have lost their Philippine citizenship, should
be read together with Section 3, the second a. elect Philippine citizenship under the
paragraph of which clarifies that such policy 1935 Constitution
governs all cases after the new law’s
effectivity. As to the letter-reply of BI, it b. elect Philippine citizenship under the
simply quoted Section 2 of R.A. 9225 without 1973 Constitution
any reference to Section 3 on the particular
application of reacquisition and retention to c. elect Philippine citizenship under the
Filipinos who became foreign citizens before
1987 Constitution
and after the effectivity of R.A. 9225.

d. Procedure in electing Philippine

2. By law (direct act of Congress)
citizenship(Commonwealth Act No. 625)
F. Who are citizens of the
Section 1. The option to elect Philippine
Philippines?(Article IV, Section 1)
citizenship in accordance with subsection
(4), section 1, Article IV, of the
Section 1. The following are citizens of the
Constitution shall be expressed in a
Philippines:
statement to be signed and sworn to by
the party concerned before any officer
[1] Those who are citizens of the
authorized to administer oaths, and shall
Philippines at the time of the adoption of
be filed with the nearest civil registry.
this Constitution;
The said party shall accompany the
aforesaid statement with the oath of
[2] Those whose fathers or mothers are
allegiance to the Constitution and the
citizens of the Philippines;
Government of the Philippines.
[3] Those born before January 17, 1973, of
Section 2. If the party concerned is absent
Filipino mothers, who elect Philippine
from the Philippines, he may make the
citizenship upon reaching the age of
statement herein authorized before any
majority; and
officer of the Government of the United
States (now Philippine embassy or
[4] Those who are naturalized in
consulate) authorized to administer oaths,
accordance with law.

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and he shall forward such statement determine whether respondent is required

together with his oath of allegiance, to the under the law to make an election and if so,
Civil Registry of Manila. whether she has complied with the procedural
requirements in the election of Philippine
Republic vs. Sagun citizenship.
G. R. No. 187567, 15 February 2012
666 SCRA 321 When respondent was born on August 8, 1959,
the governing charter was the 1935
Facts: Constitution, which declares as citizens of the
Nora Fe Sagun was born on August 8, 1959 in Philippines those whose mothers are citizens
Baguio City to Albert Chan, a Chinese citizen of the Philippines and elect Philippine
and Marta Borromeo, a Filipino citizen. She citizenship upon reaching the age of majority.
did not elect Philippine citizenship upon Sec. 1, Art. IV of the 1935 Constitution reads:
reaching the age of majority, but executed an
oath of allegiance upon her marriage to Alex “Section 1. The following are citizens of the
Sagun when she was 33 years old. Sagun Philippines:
applied for a Philippine passport but was
denied due to the citizenship of her father and xxxx
there being no annotation on her birth
certificate that she has elected Philippine (4) Those whose mothers are citizens of the
citizenship. She sought to declare her election Philippines and, upon reaching the age of
of Philippine citizenship and to order the majority, elect Philippine citizenship.”
Baguio City Civil Registrar to annotate the
same on her birth certificate. In her petition, Under Article IV, Section 1(4) of the 1935
respondent averred that she was raised as a Constitution, the citizenship of a legitimate
Filipino, speaks Ilocano and Tagalog fluently child born of a Filipino mother and an alien
and attended local schools in Baguio City, father followed the citizenship of the father,
including Holy Family Academy and the Saint unless, upon reaching the age of majority, the
Louis University. Respondent claimed that child elected Philippine citizenship. The right
despite her part-Chinese ancestry, she always to elect Philippine citizenship was recognized
thought of herself as a Filipino. She is a in the 1973 Constitution when it provided that
registered voter of Precinct No. 0419A of “[t]hose who elect Philippine citizenship
Barangay Manuel A. Roxas in Baguio City pursuant to the provisions of the Constitution
and had voted in local and national elections of nineteen hundred and thirty-five” are
as shown in the Voter Certification issued by citizens of the Philippines.
Atty. Maribelle Uminga of the Commission on
Elections of Baguio City. She asserted that by Likewise, this recognition by the 1973
virtue of her positive acts, she has effectively Constitution was carried over to the 1987
elected Philippine citizenship and such fact Constitution which states that “[t]hose born
should be annotated on her record of birth so before January 17, 1973 of Filipino mothers,
as to entitle her to the issuance of a Philippine who elect Philippine citizenship upon reaching
passport. The trial court granted the petition the age of majority” are Philippine citizens. It
of Sagun. should be noted, however, that the 1973 and
1987 Constitutional provisions on the election
Issue: of Philippine citizenship should not be
Whether or not Sagun elected Philippine understood as having a curative effect on any
citizenship upon reaching the age of majority. irregularity in the acquisition of citizenship
for those covered by the 1935 Constitution. If
Held: the citizenship of a person was subject to
Yes. challenge under the old charter, it remains
As to the propriety of respondent’s petition subject to challenge under the new charter
seeking a judicial declaration of election of even if the judicial challenge had not been
Philippine citizenship, it is imperative that we

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commenced before the effectivity of the new required to register as an alien. Pertinently,
Constitution. the person electing Philippine citizenship is
required to file a petition with the
Being a legitimate child, respondent’s Commission of Immigration and Deportation
citizenship followed that of her father who is (now Bureau of Immigration) for the
Chinese, unless upon reaching the age of cancellation of his alien certificate of
majority, she elects Philippine citizenship. It registration based on his aforesaid election of
is a settled rule that only legitimate children Philippine citizenship and said Office will
follow the citizenship of the father and that initially decide, based on the evidence
illegitimate children are under the parental presented the validity or invalidity of said
authority of the mother and follow her election. Afterwards, the same is elevated to
nationality. An illegitimate child of Filipina the Ministry (now Department) of Justice for
need not perform any act to confer upon him final determination and review.
all the rights and privileges attached to
citizens of the Philippines; he automatically It should be stressed that there is no specific
becomes a citizen himself. But in the case of statutory or procedural rule which authorizes
respondent, for her to be considered a Filipino the direct filing of a petition for declaration of
citizen, she must have validly elected election of Philippine citizenship before the
Philippine citizenship upon reaching the age courts. The special proceeding provided under
of majority. Section 2, Rule 108 of the Rules of Court on
Cancellation or Correction of Entries in the
Commonwealth Act (C.A.) No. 625, enacted Civil Registry, merely allows any interested
pursuant to Section 1(4), Article IV of the party to file an action for cancellation or
1935 Constitution, prescribes the procedure correction of entry in the civil registry, i.e.,
that should be followed in order to make a election, loss and recovery of citizenship,
valid election of Philippine citizenship, to wit: which is not the relief prayed for by the
respondent.
“Section 1. The option to elect Philippine
citizenship in accordance with subsection (4), Be that as it may, even if we set aside this
[S]ection 1, Article IV, of the Constitution procedural infirmity, still the trial court’s
shall be expressed in a statement to be signed conclusion that respondent duly elected
and sworn to by the party concerned before Philippine citizenship is erroneous since the
any officer authorized to administer oaths, records undisputably show that respondent
and shall be filed with the nearest civil failed to comply with the legal requirements
registry. The said party shall accompany the for a valid election. Specifically, respondent
aforesaid statement with the oath of had not executed a sworn statement of her
allegiance to the Constitution and the election of Philippine citizenship. The only
Government of the Philippines.” documentary evidence submitted by
respondent in support of her claim of alleged
Based on the foregoing, the statutory election was her oath of allegiance, executed
formalities of electing Philippine citizenship 12 years after she reached the age of majority,
are: (1) a statement of election under oath; (2) which was unregistered. As aptly pointed out
an oath of allegiance to the Constitution and by the petitioner, even assuming arguendo
Government of the Philippines; and (3) that respondent’s oath of allegiance suffices,
registration of the statement of election and of its execution was not within a reasonable time
the oath with the nearest civil registry. after respondent attained the age of majority
and was not registered with the nearest civil
Furthermore, no election of Philippine registry as required under Section 1 of C.A.
citizenship shall be accepted for registration No. 625. The phrase “reasonable time” has
under C.A. No. 625 unless the party exercising been interpreted to mean that the election
the right of election has complied with the should be made generally within three (3)
requirements of the Alien Registration Act of years from reaching the age of majority.
1950. In other words, he should first be Moreover, there was no satisfactory

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explanation proffered by respondent for the "I _____________________, solemnly swear

delay and the failure to register with the (or affrim) that I will support and defend
nearest local civil registry. the Constitution of the Republic of the
Philippines and obey the laws and legal
Based on the foregoing circumstances,
orders promulgated by the duly
respondent clearly failed to comply with the
procedural requirements for a valid and
constituted authorities of the Philippines;
effective election of Philippine citizenship. and I hereby declare that I recognize and
Respondent cannot assert that the exercise of accept the supreme authority of the
suffrage and the participation in election Philippines and will maintain true faith
exercises constitutes a positive act of election and allegiance thereto; and that I imposed
of Philippine citizenship since the law this obligation upon myself voluntarily
specifically lays down the requirements for without mental reservation or purpose of
acquisition of citizenship by election. The evasion."
mere exercise of suffrage, continuous and
uninterrupted stay in the Philippines, and
Natural born citizens of the Philippines
other similar acts showing exercise of
Philippine citizenship cannot take the place of
who, after the effectivity of this Act,
election of Philippine citizenship. Hence, become citizens of a foreign country shall
respondent cannot now be allowed to seek the retain their Philippine citizenship upon
intervention of the court to confer upon her taking the aforesaid oath.
Philippine citizenship when clearly she has
failed to validly elect Philippine citizenship. a. how acquired: by birth, by
naturalization
As we held in Ching, the prescribed procedure
in electing Philippine citizenship is certainly b. dual citizenship distinguished from
not a tedious and painstaking process. All that
dual allegiance (Article IV, Section 5)
is required of the elector is to execute an
affidavit of election of Philippine citizenship
and, thereafter, file the same with the nearest Section 5. Dual allegiance of citizens is
civil registry. Having failed to comply with the inimical to the national interest and shall
foregoing requirements, respondent’s petition be dealt with by law.
before the trial court must be denied.
Dual citizenship is allowed but not dual
4. naturalized Filipino citizens under the allegiance. Citizenship requires allegiance
1987 Constitution and dual citizenship requires dual
allegiance. A citizen owes his total
a. direct naturalization allegiance to his country but a dual citizen
must share his allegiance to two or even
G. Dual / Multiple citizenship; more states, which may even be in conflict
effects(Republic Act No. 9225 [2003]) with each other. (Cruz, Constitutional
Law, 2015 edition, p. 829, citing Mercado
Section 3. Retention of Philippine v. Manzano, G. R. No. 135083, 26 May
Citizenship - Any provision of law to the 1999, 307 SCRA 630)
contrary notwithstanding, natural-born
citizenship by reason of their VII. SUFFRAGE
naturalization as citizens of a foreign
country are hereby deemed to have re- Article V
acquired Philippine citizenship upon
taking the following oath of allegiance to A. Definition, nature
the Republic:

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The creation of the autonomous

B. Scope region shall be effective when
approved by majority of the votes
1. Election cast by the constituent units in a
plebiscite called for the purpose,
2. Plebiscite(Article X, Sections 10, 11, 18) provided that only provinces, cities, and
geographic areas voting favorably in such
Section 10. No province, city, plebiscite shall be included in the
municipality, or barangay may be autonomous region.
created, divided, merged, abolished,
or its boundary substantially altered, 3. Initiative(Article XVII, Section 2)
except in accordance with the criteria
established in the local government code Section 2. Amendments to this
and subject to approval by a majority Constitution may likewise be directly
of the votes cast in a plebiscite in the proposed by the people through
political units directly affected. initiative upon a petition of at least
twelve per centum of the total number of
Section 11. The Congress may, by law, registered voters, of which every
create special metropolitan political legislative district must be represented by
subdivisions, subject to a plebiscite at least three per centum of the registered
as set forth in Section 10 hereof. The voters therein. No amendment under this
component cities and municipalities shall section shall be authorized within five
retain their basic autonomy and shall be years following the ratification of this
entitled to their own local executive and Constitution nor oftener than once every
legislative assemblies. The jurisdiction of five years thereafter.
the metropolitan authority that will
thereby be created shall be limited to The Congress shall provide for the
basic services requiring coordination. implementation of the exercise of this
right.
Section 18. The Congress shall enact an
organic act for each autonomous - RA 6735, Initiative and Referendum Act
region with the assistance and
participation of the regional consultative Section 3. Definition of Terms.—For
commission composed of representatives purposes of this Act, the following terms
appointed by the President from a list of shall mean:
nominees from multi-sectoral bodies. The
organic act shall define the basic (a) “Initiative” is the power of the people
structure of government for the region to propose amendments to the
consisting of the executive department Constitution or to propose and enact
and legislative assembly, both of which legislations through an election called for
shall be elective and representative of the the purpose.
constituent political units. The organic
acts shall likewise provide for special There are three (3) systems of initiative,
courts with personal, family, and property namely:
law jurisdiction consistent with the
provisions of this Constitution and a.1 Initiative on the Constitution which
national laws. refers to a petition proposing amendments
to the Constitution;

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(g) “Local government units” refers to

a.2 Initiative on statutes which refers to a provinces, cities, municipalities and
petition proposing to enact a national barangays.
legislation; and
(h) “Local legislative bodies” refers to the
a.3 Initiative on local legislation which Sangguniang Panlalawigan, Sangguniang
refers to a petition proposing to enact a Panglungsod, Sangguniang Bayan, and
regional, provincial, city, municipal, or Sangguniang Nayon.
barangay law, resolution or ordinance.
(i) “Local executives” refers to the
(b) “Indirect initiative” is exercise of Provincial Governors, City or Municipal
initiative by the people through a Mayors and Punong Barangay, as the
proposition sent to Congress or the local case may be.
legislative body for action.
Section 4. Who May Exercise.—The power
(c) “Referendum” is the power of the of initiative and referendum may be
electorate to approve or reject a exercised by all registered voters of the
legislation through an election called for country, autonomous regions, provinces,
the purpose. It may be of two classes, cities, municipalities and barangays.
namely:
Section 5. Requirements.—(a) To exercise
c.1 Referendum on statutes which refers the power of initiative or referendum, at
to a petition to approve or reject an act or least ten per centum (10%) of the total
law, or part thereof, passed by Congress; number of the registered voters, of which
and every legislative district is represented by
at least three per centum (3%) of the
c.2 Referendum on local law which refers registered voters thereof, shall sign a
to a petition to approve or reject a law, petition for the purpose and register the
resolution or ordinance enacted by same with the Commission.
regional assemblies and local legislative
bodies. (b) A petition for an initiative on the 1987
Constitution must have at least twelve
(d) “Proposition” is the measure proposed per centum (12%) of the total number of
by the voters. registered voters as signatories, of which
every legislative district must be
(e) “Plebiscite” is the electoral process by represented by at least three per centum
which an initiative on the Constitution is (3%) of the registered voters therein.
approved or rejected by the people. Initiative on the Constitution may be
exercised only after five (5) years from the
(f) “Petition” is the written instrument ratification of the 1987 Constitution and
containing the proposition and the only once every five (5) years thereafter.
required number of signatories. It shall be
in a form to be determined by and (c) The petition shall state the following:
submitted to the Commission on
Elections, hereinafter referred to as the c.1 contents or text of the proposed law
Commission. sought to be enacted, approved or
rejected, amended or repealed, as the case
may be;

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c.2 the proposition; Section 6. Special Registration.—The

Commission on Elections shall set a
c.3 the reason or reasons therefor; special registration day at least three (3)
weeks before a scheduled initiative or
c.4 that it is not one of the exceptions referendum.
provided herein;
Section 7. Verification of Signatures.—
c.5 signatures of the petitioners or The Election Registrar shall verify the
registered voters; and signatures on the basis of the registry list
of voters, voters’ affidavits and voters’
c.6 an abstract or summary proposition in identification cards used in the
not more than one hundred (100) words immediately preceding election.
which shall be legibly written or printed
at the top of every page of the petition. II.—National Initiative and Referendum

(d) A referendum or initiative affecting a Section 8. Conduct and Date of Initiative

law, resolution or ordinance passed by the or Referendum.—The Commission shall
legislative assembly of an autonomous call and supervise the conduct of initiative
region, province or city is deemed validly or referendum.
initiated if the petition therefor is signed
by at least ten per centum (10%) of the Within a period of thirty (30) days from
registered voters in the province or city, of receipt of the petition, the Commission
which every legislative district must be shall, upon determining the sufficiency of
represented by at least three per centum the petition, publish the same in Filipino
(3%) of the registered voters therein: and English at least twice in newspapers
Provided, however, That if the province or of general and local circulation and set
city is composed only of one (1) legislative the date of the initiative or referendum
district, then at least each municipality in which shall not be earlier than forty-five
a province or each barangay in a city (45) days but not later than ninety (90)
should be represented by at least three days from the determination by the
per centum (3%) of the registered voters Commission of the sufficiency of the
therein. petition.

(e) A referendum or initiative on an Section 9. Effectivity of Initiative or

ordinance passed in a municipality shall Referendum Proposition.—(a) The
be deemed validly initiated if the petition proposition for the enactment, approval,
therefor is signed by at least ten per amendment or rejection of a national law
centum (10%) of the registered voters in shall be submitted to and approved by a
the municipality, of which every barangay majority of the votes cast by all the
is represented by at least three per registered voters of the Philippines.
centum (3%) of the registered voters
therein. If, as certified to by the Commission, the
proposition is approved by a majority of
(f) A referendum or initiative on a the votes cast, the national law proposed
barangay resolution or ordinance is for enactment, approval, or amendment
deemed validly initiated if signed by at shall become effective fifteen (15) days
least ten per centum (10%) of the following completion of its publication in
registered voters in said barangay. the Official Gazette or in a newspaper of
general circulation in the Philippines. If,

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as certified by the Commission, the Representatives, and other legislative

proposition to reject a national law is bodies. The petition shall contain a
approved by a majority of the votes cast, summary of the chief purposes and
the said national law shall be deemed contents of the bill that the organization
repealed and the repeal shall become proposes to be enacted into law by the
effective fifteen (15) days following the legislature.
completion of publication of the
proposition and the certification by the The procedure to be followed on the
Commission in the Official Gazette or in a initiative bill shall be the same as the
newspaper of general circulation in the enactment of any legislative measure
Philippines. before the House of Representatives
except that the said initiative bill shall
However, if the majority vote is not have precedence over other pending
obtained, the national law sought to be legislative measures on the committee.
rejected or amended shall remain in full
force and effect. Section 12. Appeal.—The decision of the
Commission on the findings of the
(b) The proposition in an initiative on the sufficiency or insufficiency of the petition
Constitution approved by a majority of for initiative or referendum may be
the votes cast in the plebiscite shall appealed to the Supreme Court within
become effective as to the day of the thirty (30) days from notice thereof.
plebiscite.
III.—Local Initiative and Referendum
(c) A national or local initiative
proposition approved by majority of the Section 13. Procedure in Local
votes cast in an election called for the Initiative.—(a) Not less than two
purpose shall become effective fifteen (15) thousand (2,000) registered voters in case
days after certification and proclamation of autonomous regions, one thousand
by the Commission. (1,000) in case of provinces and cities, one
hundred (100) in case of municipalities,
Section 10. Prohibited Measures.—The and fifty (50) in case of barangays, may
following cannot be the subject of an file a petition with the Regional Assembly
initiative or referendum petition: or local legislative body, respectively,
proposing the adoption, enactment,
(a) No petition embracing more than one repeal, or amendment, of any law,
(1) subject shall be submitted to the ordinance or resolution.
electorate; and
(b) If no favorable action thereon is made
(b) Statutes involving emergency by local legislative body within thirty (30)
measures, the enactment of which are days from its presentation, the
specifically vested in Congress by the proponents through their duly authorized
Constitution, cannot be subject to and registered representative may invoke
referendum until ninety (90) days after its their power of initiative, giving notice
effectivity. thereof to the local legislative body
concerned.
Section 11. Indirect Initiative.—Any duly
accredited people’s organization, as (c) The proposition shall be numbered
defined by law, may file a petition for serially starting from one (1). The
indirect initiative with the House of Secretary of Local Government or his

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designated representative shall extend initiative shall then be held on the date
assistance in the formulation of the set, after which the results thereof shall
proposition. be certified and proclaimed by the
Commission on Elections.
(d) Two or more propositions may be
submitted in an initiative. Section 14. Effectivity of Local
Propositions.—If the proposition is
(e) Proponents shall have one hundred approved by a majority of the votes cast, it
twenty (120) days in case of autonomous shall take effect fifteen (15) days after
regions, ninety (90) days in case of certification by the Commission as if
provinces and cities, sixty (60) days in affirmative action thereon had been made
case of municipalities, and thirty (30) by the local legislative body and local
days in case of barangays, from notice executive concerned. If it fails to obtain
mentioned in subsection (b) hereof to said number of votes, the proposition is
collect the required number of signatures. considered defeated.

(f) The petition shall be signed before the Section 15. Limitations on Local
Election Registrar, or his designated Initiatives.—(a) The power of local
representatives, in the presence of a initiative shall not be exercised more than
representative of the proponent, and a once a year.
representative of the regional assemblies
and local legislative bodies concerned in a (b) Initiative shall extend only to subjects
public place in the autonomous region or or matters which are within the legal
local government unit, as the case may be. powers of the local legislative bodies to
Signature stations may be established in enact.
as many places as may be warranted.
(c) If at any time before the initiative is
(g) Upon the lapse of the period herein held, the local legislative body shall adopt
provided, the Commission on Elections, in toto the proposition presented, the
through its office in the local government initiative shall be cancelled. However,
unit concerned shall certify as to whether those against such action may, if they so
or not the required number of signatures desire, apply for initiative in the manner
has been obtained. Failure to obtain the herein provided.
required number is a defeat of the
proposition. Section 16. Limitations Upon Local
Legislative Bodies.—Any proposition or
(h) If the required number of signatures is ordinance or resolution approved through
obtained, the Commission shall then set a the system of initiative and referendum
date for the initiative at which the as herein provided shall not be repealed,
proposition shall be submitted to the modified or amended, by the local
registered voters in the local government legislative body concerned within six (6)
unit concerned for their approval within months from the date therefrom, and may
ninety (90) days from the date of be amended, modified or repealed by the
certification by the Commission, as local legislative body within three (3)
provided in subsection (g) hereof, in case years thereafter by a vote of three-fourths
of autonomous regions, sixty (60) days in (3/4) of all its members: Provided,
case of provinces and cities, forty-five (45) however, That in case of barangays, the
days in case of municipalities, and thirty
(30) days in case of barangays. The

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period shall be one (1) year after the adoption, enactment, repeal, or
expiration of the first six (6) months. amendment of an ordinance.

Section 17. Local Referendum.— (b) If no favorable action thereon is taken

Notwithstanding the provision of Section by the sanggunian concerned within
4 hereof, any local legislative body may thirty (30) days from its presentation, the
submit to the registered voters of proponents, through their duly authorized
autonomous region, provinces, cities, and registered representatives, may
municipalities and barangays for the invoke their power of initiative, giving
approval or rejection, any ordinance or notice thereof to the sanggunian
resolution duly enacted or approved. concerned.

Said referendum shall be held under the (c) The proposition shall be numbered
control and direction of the Commission serially starting from Roman numeral I.
within sixty (60) days in case of provinces The COMELEC or its designated
and cities, forty-five (45) days in case of representative shall extend assistance in
municipalities and thirty (30) days in case the formulation of the proposition.
of barangays.
(d) Two (2) or more propositions may be
The Commission shall certify and submitted in an initiative.
proclaim the results of the said
referendum. (e) Proponents shall have ninety (90) days
in case of provinces and cities, sixty (60)
- RA 7160, Local Government Code of days in case of municipalities, and thirty
1991, Sections 120-126 (30) days in case of barangays, from notice
mentioned in subsection (b) hereof to
Section 120. Local Initiative Defined. - collect the required number of signatures.
Local initiative is the legal process (f) The petition shall be signed before the
whereby the registered voters of a election registrar. or his designated
local government unit may directly representatives, in the presence of a
propose, enact, or amend any representative of the proponent, and a
ordinance. representative of the sanggunian
concerned in a public place in the local
Section 121. Who May Exercise. - The government unit, as the case may be.
power of local initiative and Stations for collecting signatures may be
referendum may be exercised by all established in as many places as may be
registered voters of the provinces, warranted.
cities, municipalities, and barangays.
(g) Upon the lapse of the period herein
Section 122. Procedure in Local Initiative. provided, the COMELEC, through its
- office in the local government unit
concerned, shall certify as to whether or
(a) Not less than one thousand (1,000) not the required number of signatures has
registered voters in case of provinces and been obtained. Failure to obtain the
cities, one hundred (100) in case of required number defeats the proposition.
municipalities, and fifty (50) in case of
barangays, may file a petition with the (h) If the required number of signatures is
sanggunian concerned proposing the obtained, the COMELEC shall then set a
date for the initiative during which the

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proposition shall be submitted to the within six (6) months from the date of the
registered voters in the local government approval thereof, and may be amended,
unit concerned for their approval within modified or repealed by the sanggunian
sixty (60) days from the date of within three (3) years thereafter by a vote
certification by the COMELEC, as of three-fourths (3/4) of all its members:
provided in subsection (g) hereof, in case Provided, That in case of barangays, the
of provinces and cities, forty-five (45) days period shall be eighteen (18) months after
in case of municipalities, and thirty (30) the approval thereof.
days in case of barangays. The initiative
shall then be held on the date set, after Section 126. Local Referendum Defined. -
which the results thereof shall be certified Local referendum is the legal process
and proclaimed by the COMELEC. whereby the registered voters of the local
government units may approve, amend or
Section 123. Effectivity of Local reject any ordinance enacted by the
Propositions. - If the proposition is sanggunian.
approved by a majority of the votes cast, it
shall take effect fifteen (15) days after The local referendum shall be held under
certification by the COMELEC as if the control and direction of the
affirmative action thereon had been made COMELEC within sixty (60) days in case
by the sanggunian and local chief of provinces and cities, forty-five (45) days
executive concerned. If it fails to obtain in case of municipalities and thirty (30)
said number of votes, the proposition is days in case of barangays.
considered defeated.
The COMELEC shall certify and proclaim
Section 124. Limitations on Local the results of the said referendum.
Initiative. -
- Limitations on local initiative(Section
(a) The power of local initiative shall not 124)
be exercised more than once a year.
Section 124. Limitations on Local
(b) Initiative shall extend only to subjects Initiative. -
or matters which are within the legal
powers of the sanggunian to enact. (a) The power of local initiative shall not
be exercised more than once a year.
(c) If at any time before the initiative is
held, the sanggunian concerned adopts in (b) Initiative shall extend only to subjects
toto the proposition presented and the or matters which are within the legal
local chief executive approves the same, powers of the sanggunian to enact.
the initiative shall be cancelled. However,
those against such action may, if they so (c) If at any time before the initiative is
desire, apply for initiative in the manner held, the sanggunian concerned adopts in
herein provided. toto the proposition presented and the
local chief executive approves the same,
Section 125. Limitations upon the initiative shall be cancelled. However,
Sanggunians. - Any proposition or those against such action may, if they so
ordinance approved through the system of desire, apply for initiative in the manner
initiative and referendum as herein herein provided.
provided shall not be repealed, modified
or amended by the sanggunian concerned

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- Limitations upon the Sanggunian in case of municipalities and thirty (30)

(Section 125) days in case of barangays.

Section 125. Limitations upon 5. Recall (Article X, Section 3)

Sanggunians. - Any proposition or
ordinance approved through the system of Section 3. The Congress shall enact a local
initiative and referendum as herein government code which shall provide for a
provided shall not be repealed, modified more responsive and accountable local
or amended by the sanggunian concerned government structure instituted through
within six (6) months from the date of the a system of decentralization with effective
approval thereof, and may be amended, mechanisms of recall, initiative, and
modified or repealed by the sanggunian referendum, allocate among the different
within three (3) years thereafter by a vote local government units their powers,
of three-fourths (3/4) of all its members: responsibilities, and resources, and
Provided, That in case of barangays, the provide for the qualifications, election,
period shall be eighteen (18) months after appointment and removal, term, salaries,
the approval thereof. powers and functions and duties of local
officials, and all other matters relating to
4. Referendum (Article VI, Section, 32) the organization and operation of the local
units.
Section 32. The Congress shall, as early
as possible, provide for a system of (RA 7160, Section 69-75)
initiative and referendum, and the
exceptions therefrom, whereby the Section 69. By Whom Exercised. - The
people can directly propose and power of recall for loss of confidence
enact laws or approve or reject any shall be exercised by the registered
act or law or part thereof passed by voters of a local government unit to
the Congress or local legislative body which the local elective official
after the registration of a petition therefor subject to such recall belongs.
signed by at least ten per centum of the
total number of registered voters, of which Section 70. Initiation of the Recall Process.
every legislative district must be -
represented by at least three per centum
of the registered voters thereof. (a) The Recall of any elective provincial,
city, municipal or barangay official shall
(RA 7160 Sections126) be commenced by a petition of a
registered voter in the local government
Section 126. Local Referendum Defined. - unit concerned and supported by the
Local referendum is the legal process registered voters in the local government
whereby the registered voters of the unit concerned during the election in
local government units may approve, which the local official sought to be
amend or reject any ordinance recalled was elected subject to the
enacted by the sanggunian. following percentage requirements:

The local referendum shall be held under (1) At least twenty-five percent (25%) in
the control and direction of the the case of local government units with a
COMELEC within sixty (60) days in case voting population of not more than twenty
of provinces and cities, forty-five (45) days thousand (20,000);

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(c) The name of the official sought to be

(2) At least twenty percent (20%) in the recalled; and
case of local government units with a
voting population of at least twenty (d) A brief narration of the reasons and
thousand (20,000) but not more than justifications therefor.
seventy-five thousand (75,000): Provided,
That in no case shall the required (3) The Comelec shall, within fifteen (15)
petitioners be less than five thousand days from the filing of the petition, certify
(5,000); to the sufficiency of the required number
of signatures. Failure to obtain the
(3) At least fifteen percent (15%) in the required number of signatures
case of local government units with a automatically nullifies the petition;
voting population of at least seventy-five
thousand (75,000) but not more than (4) If the petition is found to be sufficient
three hundred thousand (300,000): in form, the Comelec or its duly
Provided, however, That in no case shall authorized representative shall, within
the required number of petitioners be less three (3) days from the issuance of the
than fifteen thousand (15,000); and certification, provide the official sought to
be recalled a copy of the petition, cause its
(4) At least ten percent (10%) in the case publication in a national newspaper of
of local government units with a voting general circulation and a newspaper of
population of over three hundred general circulation in the locality, once a
thousand (300,000): Provided, however, week for three (3) consecutive weeks at
That in no case shall the required the expense of the petitioners and at the
petitioners be less than forty-five same time post copies thereof in public
thousand (45,000). and conspicuous places for a period of not
less than ten (10) days nor more than
(b) The process of recall shall be effected twenty (20) days, for the purpose of
in accordance with the following allowing interested parties to examine
procedure: and verify the validity of the petition and
the authenticity of the signatures
(1) A written petition for recall duly contained therein.
signed by the representatives of the
petitioners before the election registrar or (5) The Comelec or its duly authorized
his representative, shall be filed with the representatives shall, upon issuance of
Comelec through its office in the local certification, proceed independently with
government unit concerned. the verification and authentication of the
signatures of the petitioners and
(2) The petition to recall shall contain the registered voters contained therein.
following: Representatives of the petitioners and the
official sought to be recalled shall be duly
(a) The names and addresses of the notified and shall have the right to
petitioners written in legible form and participate therein as mere observers. The
their signatures; filing of any challenge or protest shall be
allowed within the period provided in the
(b) The barangay, city or municipality, immediately preceding paragraph and
local legislative district and the province shall be ruled upon with finality within
to which the petitioners belong; fifteen (15) days from the date of filing of
such protest or challenge;

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(a) Any elective local official may be the

(6) Upon the lapse of the aforesaid period, subject of a recall election only once
the Comelec or its duly authorized during his term of office for loss of
representative shall announce the confidence.
acceptance of candidates to the position
and thereafter prepare the list of (b) No recall shall take place within one
candidates which shall include the name (1) year from the date of the official's
of the official sought to be recalled. (As assumption to office or one (1) year
amended by Section 1 of Republic Act No. immediately preceding a regular local
9244) election.

Section 71. Election on Recall. - Upon the Section 75. Expenses Incident to Recall
filing of a valid petition for recall with the Elections. - All expenses incident to recall
appropriate local office of the Comelec, the elections shall be borne by the
Comelec or its duly authorized COMELEC. For this purpose, there shall
representative shall set the date of the be included in the annual General
election or recall, which shall not be later Appropriations Act a contingency fund at
than thirty (30) days upon the completion the disposal of the COMELEC for the
of the procedure outlined in the preceding conduct of recall elections.
article, in the case of the barangay, city or
municipal officials, and forty-five (45) - Prohibition from resignation(Section 73)
days in the case of provincial officials. The
officials sought to be recalled shall Section 73. Prohibition from Resignation.
automatically be considered as duly - The elective local official sought to be
registered candidate or candidates to the recalled shall not be allowed to resign
pertinent positions and, like other while the recall process is in progress.
candidates, shall be entitled to be voted
upon. (As amended by Section 2 of - Limitations on Recall(Section 74)
Republic Act No. 9244)
Section 74. Limitations on Recall. -
Section 72. Effectivity of Recall. - The
recall of an elective local official shall be (a) Any elective local official may be the
effective only upon the election and subject of a recall election only once
proclamation of a successor in the person during his term of office for loss of
of the candidate receiving the highest confidence.
number of votes cast during the election
on recall. Should the official sought to be (b) No recall shall take place within one
recalled receive the highest number of (1) year from the date of the official's
votes, confidence in him is thereby assumption to office or one (1) year
affirmed, and he shall continue in office. immediately preceding a regular local
election.
Section 73. Prohibition from Resignation.
- The elective local official sought to be C. Qualifications and disqualifications of
recalled shall not be allowed to resign voters(Article V, Section 1)
while the recall process is in progress.
Section 1. Suffrage may be exercised by
Section 74. Limitations on Recall. - all citizens of the Philippines not
otherwise disqualified by law, who are
at least eighteen years of age, and who

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shall have resided in the Philippines Any person who temporarily resides in
for at least one year, and in the place another city, municipality or country
wherein they propose to vote, for at solely by reason of his occupation,
least six months immediately profession, employment in private or
preceding the election. No literacy, public service, educational activities, work
property, or other substantive in the military or naval reservations
requirement shall be imposed on the within the Philippines, service in the
exercise of suffrage. Armed Forces of the Philippines, the
National Police Forces, or confinement or
- RA 8189 – Voter’s Registration Act detention in government institutions in
(1996) accordance with law, shall not be deemed
to have lost his original residence.
Section 7. General Registration of Voters. -
Immediately after the barangay elections Any person, who, on the day of
in 1997, the existing certified list of voters registration may not have reached the
shall cease to be effective and operative. required age or period of residence but,
For purposed of the May 1998 elections who, on the day of the election shall
and all elections, plebiscites, referenda, possess such qualifications, may register
initiatives, and recalls subsequent as a voter.
thereto, the Commission shall undertake
a general registration of voters before the Section 10. Registration of Voters. - A
Board of Election Inspectors on June 14, qualified voter shall be registered in the
15, 21, and 22 and, subject to the permanent list of voters in a precinct of
discretion of the Commission, on June 28 the city or municipality wherein he
and 29, 1997 in accordance with this Act. resides to be able to vote in any election.
To register as a voter, he shall personally
Section 8. System of Continuing accomplish an application form for
Registration of Voters. - The personal registration as prescribed by the
filing of application of registration of Commission in three (3) copies before the
voters shall be conducted daily in the Election Officer on any date during office
office of the Election Officer during hours after having acquired the
regular office hours. No registration shall, qualifications of a voter.
however, be conducted during the period
starting one hundred twenty (120) days The application shall contain the
before a regular election and ninety (90) following data:
days before a special election.
a. Name, surname, middle name,
Section 9. Who may Register. - All citizens and/or maternal surname;
of the Philippines not otherwise b. Sex;
disqualified by law who are at least c. Date, and place of birth;
eighteen (18) years of age, and who shall d. Citizenship;
have resided in the Philippines for at e. Civil status, if married, name of
least one (1) year, and in the place spouse;
wherein they propose to vote, for at least f. Profession, occupation or work
six (6) months immediately preceding the g. Periods of residence in the
election, may register as a voter. Philippines and in the place of
registration;
h. Exact address with the name of
the street and house number for location

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in the precinct maps maintained by the tribunal of having committed any crime
local office of the Commission, or in case involving disloyalty to the duly
there is none, a brief description of his constituted government such as rebellion,
residence, sitio, and barangay; sedition, violation of the firearms laws or
i. A statement that the applicant any crime against national security,
possesses all the qualifications of a voter; unless restored to his full civil and
j. A statement that the applicant is political rights in accordance with law:
not a registered voter of any precinct; and Provided, That he shall automatically
k. Such information or data as may reacquire the right to vote upon
be required by the Commission. expiration of five (5) years after service of
sentence; and
The application for registration shall
contain three (3) specimen signatures of c. Insane or incompetent persons
the applicant, clear and legible rolled declared as such by competent authority
prints of his left and right thumbprints, unless subsequently declared by proper
with four (4) identification size copies of authority that such person is no longer
his latest photograph, attached thereto, to insane or incompetent.
be taken at the expense of the
Commission. Section 12. Change of Residence to
Another City or Municipality. - Any
Before the applicant accomplishes his registered voter who has transferred
application for registration, the Election residence to another city or municipality
Officer shall inform him of the may apply with the Election Officer of his
qualifications and disqualifications new residence for the transfer of his
prescribed by law for a voter, and registration records.
thereafter, see to it that the accomplished
application contains all the data therein The application for transfer of registration
required and that the applicant's shall be subject to the requirements of
specimen signatures, fingerprints, and notice and hearing and the approval of
photographs are properly affixed in all the Election Registration Board, in
copies of the voter's application. accordance with this Act. Upon approval
of the application for transfer, and after
Section 11. Disqualification. - The notice of such approval to the Election
following shall be disqualified from Officer of the former residence of the
registering: voter, said Election Officer shall transmit
by registered mail the voter's registration
a. Any person who has been record to the Election Officer of the voter's
sentenced by final judgment to suffer new residence.
imprisonment of not less than one (1)
year, such disability not having been Section 13. Change of Address in the
removed by plenary pardon or amnesty: Same City or Municipality. - Any voter
Provided, however, That any person who has changed his address in the same
disqualified to vote under this paragraph city or municipality shall immediately
shall automatically reacquire the right to notify the Election Officer in writing. If
vote upon expiration of five (5) years after the change of address involves a change in
service of sentence; precinct, the Board shall transfer his
registration record to the precinct book of
b. Any person who has been adjudged voters of his new precinct and notify the
by final judgment by a competent court or voter of his new precinct All changes of

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address shall be reported to the office of illiteracy or disability shall be so indicated

the provincial election supervisor and the in the application.
Commission in Manila.
D. Secrecy and sanctity of the
Section 14. Illiterate or Disabled ballot(Article V, Section 2)
Applicants. - Any illiterate person may
register with the assistance of the Section 2. The Congress shall provide a
Election Officer or any member of an system for securing the secrecy and
accredited citizen's arms. The Election sanctity of the ballot as well as a
Officer shall place such illiterate person system for absentee voting by qualified
under oath, ask him the questions, and Filipinos abroad.
record the answers given in order to
accomplish the application form in the The Congress shall also design a
presence of the majority of the members procedure for the disabled and the
of the Board. The Election Officer or any illiterates to vote without the assistance
member of an accredited citizen's arm of other persons. Until then, they shall be
shall read the accomplished form aloud to allowed to vote under existing laws and
the person assisted and ask him if the such rules as the Commission on
information given is true and correct The Elections may promulgate to protect the
accomplished form shall be subscribed by secrecy of the ballot.
the applicant in the presence of the Board
by means of thumbmark or some other - Republic Act No. 9369 – Election
customary mark and it shall be Automation Law (amending Republic Act
subscribed and attested by the majority of No. 8436)
the members of the Board.
Section 15. Official Ballot. - The
The attestation shall state the name of Commission shall prescribe the format of
the person assisted, the name of the the electronic display and/or the size and
Election Officer or the member of the form of the official ballot, which shall
accredited citizen's arm who assisted the contain the titles of the position to be
applicant, the fact that the Election filled and/or the proposition to be voted
Officer placed the applicant under oath, upon in an initiative, referendum or
that the Election Officer or the member of plebiscite. Where practicable, electronic
the accredited citizen's arm who assisted displays must be constructed to present
the applicant read the accomplished form the names of all candidates for the same
to the person assisted, and that the position in the same page or screen,
person assisted affirmed its truth and otherwise, the electronic displays must be
accuracy, by placing his thumbmark or constructed to present the entire ballot to
some other customary mark on the the voter, in a series of sequential pages,
application in the presence of the Board. and to ensure that the voter sees all of the
ballot options on all pages before
The application for registration of a completing his or her vote and to allow
physically disabled person may be the voter to review and change all ballot
prepared by any relative within the fourth choices prior to completing and casting his
civil degree of consanguinity or affinity or or her ballot. Under each position to be
by the Election Officer or any member of filled, the names of candidates shall be
an accredited citizen's arm using the data arranged alphabetically by surname and
supplied by the applicant. The fact of uniformly indicated using the same type
size. The maiden or married name shall

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be listed in the official ballot, as preferred Printing Office/Bangko Sentral ng

by the female candidate. Under each Pilipinas that it cannot meet the printing
proposition to be vote upon, the choices requirements. Accredited political parties
should be uniformly indicated using the and deputized citizen's arms of the
same font and size. Commission shall assign watchers in the
printing, storage and distribution of
A fixed space where the chairman of the official ballots.
board of election inspector shall affix
her/her signature to authenticate the To prevent the use of fake ballots, the
official ballot shall be provided. Commission through the Committee shall
ensure that the necessary safeguards,
For this purpose, the Commission shall such as, but not limited to, bar codes,
set the deadline for the filing of certificate holograms, color shifting ink, micro-
of candidacy/petition of printing, are provided on the ballot.
registration/manifestation to participate
in the election. Any person who files his The official ballots shall be printed and
certificate of candidacy within this period distributed to each city/municipality at
shall only be considered as a candidate at the rate of one ballot for every registered
the start of the campaign period for which voter with a provision of additional three
he filed his certificate of candidacy: ballots per precinct. (As amended by
Provided, That, unlawful acts or Section 13 of Republic Act No. 9369)
omissions applicable to a candidate shall
effect only upon that start of the aforesaid Section 17. Ballot box. - Where applicable,
campaign period: Provided, finally, That there shall be in each precinct on election
any person holding a public appointive day a ballot box with such safety features
office or position, including active that the Commission may prescribe and of
members of the armed forces, and officers, such size as to accommodate the official
and employees in government-owned or- ballots.(As amended by Section 14 of
controlled corporations, shall be Republic Act No. 9369)
considered ipso factor resigned from
his/her office and must vacate the same at Section 18. Procedure in voting. - The
the start of the day of the filing of his/her Commission shall prescribe the manner
certification of candidacy. and procedure of voting, which can be
easily understood and followed by the
Political parties may hold political voters, taking into consideration, among
conventions to nominate their official other things, the secrecy of the voting.(As
candidate within thirty (30) days before amended by Section 15 of Republic Act No.
the start of the period for filing certificate 9369)
of candidacy.
Section 19. Closing of polls.- The
With respect to a paper-based election Commission shall prescribe the time,
system, the official ballots shall be printed manner and procedure of closing the polls
by the National Printing Office and/or the and the steps for the correct reporting of
Bangko Sentral ng Pilipinas at the price votes cast and the proper conduct of
comparable with that of private printers counting for areas covered by the AES.(As
under proper security measures which the amended by Section 16 of Republic Act No.
Commission shall adopt. The Commission 9369)
may contact the services of private
printers upon certification by the National

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Section 20. Notice of Designation of board of election inspectors and the

Counting Centers. - The election officer watchers present. If any member of the
shall post prominently in his/her office, in board of election inspectors present
the bulletin boards at the city/municipal refuses to sign, the chairman of the board
hall and in three other conspicuous places shall note the same copy in each copy of
in the city/municipality, the notice on the the printed election returns. The member
designated counting center(s) for at least of the board of election inspectors
three weeks prior to election day. The concerned refusing to sign shall be
notice shall specify the precincts covered compelled to explain his or her refusal to
by each counting center and the number do so. Failure to explain an unjustifiable
of registered voters in each of said refusal to sign each copy of the printed
precincts. The election officer shall also election return by any member of the
furnish a copy of the notice to the board of election inspectors shall be
headquarters or official address of the punishable as provided in this Act. The
political parties or independent chairman of the boards shall then publicly
candidates within the same period. The read and announce the total numbers of
election officer shall post in the registered voters, the total number of
Commission website concerned the said voters who actually voted and the total
notice and publish the notice in the local numbers of votes obtained by each
newspaper. Where the polling place or candidate based on the election returns.
voting center is also the designated
counting center, such information shall be Thereafter, the copies of the election
contained in the notice. returns shall be sealed and placed in the
proper envelopes for distribution as
The Commission may not designate as follows:
counting center any building or facility
located within the premises of a camp, A. In the election of president, vice-
reservation compound, headquarters, president, senators and party-list system;
detachment, or field office of the military,
police, prison or detention bureau, or any 1) The first copy shall be delivered to the
law enforcement or investigation city or municipal board of canvassers;
agency.(As amended by Section 17 of
Republic Act No. 9369) 2) The second copy, to the congress,
directed to the President of the Senate;
Section 21. Counting procedure. - The
Commission shall prescribe the manner 3) The third copy, to the commission;
and procedure of counting the votes under
the automated system: Provided, that 4) The fourth copy, to the citizen's arm
apart from the electronically stored result, authorized by the Commission to conduct
thirty (30) copies of the election return are an unofficial count
printed.(As amended by Section 18 of
Republic Act No. 9369) 5) The fifth copy, to the dominant
majority party as determined by the
Section 22. Electronic Returns. - Each Commission in accordance with law;
copy of the of the printed election returns
shall bear appropriate control marks to 6) The six copy, to the dominant minority
determine the time and place of printing. party as determined by the Commission
Each copy shall be signed and in accordance with law; and
thumbmarked by all the members of the

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7) The seventh copy shall be deposited organization may use the four certified
inside the compartment of the ballot box copies of election returns for the conduct
for valid ballots. of citizens' quick counts at the local or
national levels;
8) The eight copy to the Provincial Board
of canvassers; B. In the election of local officials and
members of the House of Representatives:
9) The ninth to the eighteenth copies,
shall be given to the ten (10) accredited 1) The First copy shall be delivered to the
major national parties, excluding the city or municipal board of canvassers;
dominant majority and minority parties,
in accordance with a voluntary agreement 2) The second copy, to the Commission;
among them. If no such agreement is
reached, the Commission shall decide 3) The third copy, to the provincial board
which parties shall receive the copies on of canvassers;
the basis of the criteria provided in
Section 26 of Republic Act No. 7166; 4) The fourth copy, to the citizens' arm
authorized by the Commission to conduct
10) The nineteenth and twentieth copies, an unofficial count;
to the two accredited major local parties
in accordance with a voluntary agreement 5) The fifth copy, to the dominant
among them. If no such agreement is majority party as determined by the
reached, the commission shall decide Commission in accordance with law;
which parties shall receive the copies on
the basis of criteria analogous to that 6) The sixth copy, to the dominant
provided in Section 26 of Republic Act No. minority party as determined by the
7166; Commission in accordance with law; and

11) The twenty-first to the twenty-fourth 7) The seventh copy shall be deposited
copies, to national broadcast or print inside the copy shall deposited inside the
media entities as may be equitably compartment of the ballot box for valid
determined by the Commission in view of ballots.
propagating the copies to the widest
extent possible; 8) The eight copy to be posted
conspicuously on a wall within the
12) The twenty-fifth and twenty-six premises of the polling place or counting
copies, to local broadcast or print media center;
entities as may be equitably determined
by the Commission in view of propagating 9) The ninth to the eighteenth copies,
the copies to the widest extent possible; shall be given to the ten (10) accredited
and major national parties, excluding the
dominant majority and minority parties,
13) The twenty-seventh to the thirtieth in accordance with a voluntary agreement
copies, to the major citizen's arms, among them. If no such agreement is
including the accredited citizen's arm, and reached, the Commission shall decide
other non-partisan groups or organization which parties shall receive the copies on
enlisted by the Commission pursuant to the basis of the criteria provided in
Section 52(k) of Batas Pambansa Blg. 881. Section 26 of Republic Act No. 7166;
Such citizens' arm, groups and

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10) The nineteenth and twentieth copies detach the election return from the wall
shall be given to the two accredited major and keep the same in his custody to be
local parties in accordance with a produced as may be requested by any
voluntary agreement among them. If no voter for image or data capturing or for
such agreement is reached, the any lawful purpose as may be ordered by
Commission shall decide which parties competent authority.
shall receive the copies on the basis of
criteria analogous to that provided in Within one hour after the printing of the
Section 26 of republic Act No. 7166; election returns, the chairman of the
board of election inspectors or any official
11) The twenty-first to the twenty-fifth authorized by the Commission shall, in
copies, to national broadcast or print the presence of watchers and
media entities as may be equitably representatives of the accredited citizens'
determined by the Commission in view of arm, political parties/candidates, if any,
propagating the copies to the widest electronically transmit the precinct
extent possible; results to the respective levels of board of
canvassers, to the dominant majority and
12) The twenty-sixth and twenty-seventh minority party, to the accredited citizen's
copies, to local broadcast or print media arm, and to the Kapisanan ng mga
entities as may be equitably determined Brodcaster ng Pilipinas (KBP).
by the Commission in view of propagating
the copies to the widest extent possible; The election results at the
and city/municipality canvassing centers shall
be transmitted in the same manner by the
13) The twenty-eighth to the thirtieth election officer or any official authorized
copies to the major citizens' arms, by the commission to the district or
including the accredited citizens' arm, and provincial canvassing centers.
other non-partisan groups or organization
enlisted by the Commission pursuant to The election returns transmitted
section 52(k) of Batas Pambansa Blg. 881. electronically and digitally signed shall be
Such citizens' arms, groups and considered as official election results and
organization may use the five certified shall be used as the basis for the
copies of election returns for the conduct canvassing of votes and the proclamation
of citizens' quick counts at the local or of a candidate.
national levels.
After the electronic results have been
Immediately after the eight copy is transmitted additional copies not to
printed, the poll clerk shall announce the exceed thirty (30) may be printed and
posting of said copy on a wall within the given to requesting parties at their own
premises of the polling place or counting expense.(As amended by Section 19 of
center, which must be sufficiently lighted Republic Act No. 9369)
and accessible to the public. Any person
may view or capture an image of the Section 25. Canvassing by Provincial,
election return by means of any data City, District and Municipal Boards of
capturing device such as, but not limited Canvassers. - The City or Municipal board
to cameras at any time of the day for of canvassers shall canvass the votes for
forty-eight (48) hours following its the president, vice-president, senators,
posting. After such period, the chairman and parties, organization or coalitions
of the board of election inspectors shall participating under the party-list system

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by consolidating the electronically area shall have a municipal board of

transmitted results contained in the data canvassers which shall canvass the votes
storage devices used in the printing of the for president, vice-president, senators,
election returns. Upon completion of the members of the house of Representatives
canvass, it shall print the certificate of and elective municipal officials by
canvass of votes for president, vice- consolidating the results electronically
president, senators and members of the transmitted from the counting centers or
House of Representatives and elective the results contained in the data storage
provincial officials and thereafter, devices used in the printing of the election
proclaim the elected city or municipal returns. Upon completion of the canvass,
officials, as the case may be. it shall prepare the certificate of canvass
of votes for president, vice-president,
The city board of canvassers of cities senators, members of the House of
comprising one or more legislative Representatives and thereafter, proclaim
districts shall canvass the votes for the elected municipal officials.
president, vice-president, senators,
members of the House Representatives The district board of canvassers of each
and elective city officials by consolidating legislative district comprising two
the certificates of canvass electronically municipalities in the Metro Manila area
transmitted or the results contained in shall canvass the votes for president, vice-
the data storage devices used in the president, senators and members of the
printing of the election returns. Upon House of Representatives by consolidating
completion of the canvass, the board shall the certificates of canvass electronically
procedure the canvass of votes for transmitted from the city/municipal
president, vice-president, and senators consolidating centers or the results
thereafter, proclaim the elected members contained in the data storage devices
of the House of Representatives and city submitted by the municipal board of
officials. canvassers of the component
municipalities. Upon completion of the
In the Metro Manila area, each canvass. It shall produce a certificate of
municipality comprising a legislative the canvass votes for president, vice-
district shall have a district board of president, senators and thereafter,
canvassers which shall canvass the votes proclaim the elected members of the
for president, vice-president, senators, House of Representatives in the
members of the House of Representatives legislative district.
and elective municipal officials by
consolidating the electronically The district/provincial board of canvassers
transmitted results or the results shall canvass the votes for president, vice-
contained in the data storage devices used president, senators, members of the
in the printing of the election returns. House of Representatives and elective
Upon completion of the canvass, it shall provincial officials by consolidating the
produce the certificate of canvass of votes results electronically transmitted from
for president, vice-president, and senators the city/municipal consolidating centers or
and thereafter, proclaim the elected the results contained in the data storage
members of the House Representatives devices submitted by the board of
and municipal officials. canvassers of the municipalities and
component cities. Upon completion of the
Each component municipality in a canvass, it shall produce the certificates of
legislative district in the Metro Manila canvass votes for president, vice-president

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and senators and thereafter, proclaim the the city or municipal board of canvassers
elected members of the House of and distributed as follows:
Representatives and the provincial
official. (1) The first copy shall be delivered to the
provincial board of canvassers for use in
The municipal, city, district and the canvass of election results for
provincial certificates of canvass of votes president, vice-president, senators,
shall each be supported by a statement of members of the House of Representatives,
votes. parties, organization or coalitions
participating under the party-list system
Within one hour after the canvassing, the and elective provincial officials;
Chairman of the district or provincial
Board of Canvassers or the city board of (2) The second copy shall be sent to the
canvassers of those cities which comprise Commission;
one or more legislative districts shall
electronically transmit the certificate of (3) The third copy shall be kept by the
canvass to the commission sitting as the chairman of the board; and
national board of canvassers for senators
and party-list representatives and to the (4) The fourth copy shall be given to the
Congress as the National Board of citizen arm designated by the Commission
Canvassers for the president and vice to conduct an unofficial count. It shall be
president, directed to the President of the the duty of the citizens' arm to furnish
Senate. independent candidates' copies of the
certificate of canvass at the expense of the
The Commission shall adopt adequate requesting party.
and effective measures to preserve the
integrity of the certificates of canvass (5) The fifth copy to Congress, directed to
transmitted electronically and the results the President of Senate;
in the storage devices at the various levels
of the boards of canvassers. (6) The sixth copy to be posted on a wall
within the premises of the canvassing
The certificates of canvass transmitted center;
electronically and digitally signed shall be
considered as official election results and (7) The seventh and eighth copies shall be
shall be used as the basis for the given to the dominant majority and
proclamation of a winning candidate.(As minority parties;
amended by Section 20 of Republic Act No.
9369) (8) The ninth to eighteenth copies shall be
given to the ten (10) accredited major
Section 26. Number of Copies of national parties, excluding the dominant
Certificates of Canvass of Votes and their majority and minority parties, in
distribution. - (a) The certificate of accordance with a voluntary agreement
canvass of votes for president, vice- among them. If no such agreement is
president, senators, members of the reached, the Commission shall decide
House of Representatives, parties, which parties shall receive the copies on
organization or coalitions participating the basis of the criteria provided in
under the party-list system and elective Section 26 of Republic Act no. 7166;
provincial officials shall be produced by

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(9) The nineteenth and twentieth copies boards of canvassers in the Metro Manila
shall be given to the two accredited major area, and other highly urbanized areas
local parties in accordance with a and distributed as follows:
voluntary agreement among them. If no
such agreement is reached, the (1) The first copy shall be sent to congress
Commission shall decide which parties , directed to the president of the Senate
shall receive the copies on the basis of for use in the canvass of election results
criteria analogous to that provided in for president and vice-president;
Section 26 of Republic Act No. 7166;
(2) The second copy shall be sent to the
(10) The twenty-first to the twenty-fifth Commission for use in the canvass of the
copies to national broadcast or print election results for senators;
media entities as may be equitably
determined by the Commission in view of (3) The third copy shall be kept the
propagating the copies to the widest chairman of the board; and
extent possible;
(4) The fourth copy shall be given to the
(11) The twenty-six and twenty-seven citizens' arm designated by the
copies, to local broadcast or print media Commission to conduct an unofficial
entities as may be equitably determined count. It shall be the duty of the citizens'
by the Commission in view of propagating arm to furnish independent candidates
the copies to the widest extent possible; copies of the certificate of canvass at the
and expense of the requesting party.

(12) The twenty-eighth to the thirtieth (5) The fifth copy to Congress, directed to
copies, to the major citizens' arms, the President of the Senate;
including the accredited citizens' arm, and
other non-partisan groups or (6) The six copy to be posted on a wall
organizations enlisted by the commission within the premises of the canvassing
pursuant to Section 52(k) of Batas center;
Pambansa Blg. 881. Such citizens' arms,
groups and organization may use the (7) The seventh and eight copies to the
three certified copies of election returns dominant majority and minority parties;
for the conduct of citizens' quick counts at
the local or national levels; (8) The ninth and tenth copies to two
accredited major national parties
The board of canvassers shall furnish all representing the majority and minority,
other registered parties copies of the excluding the dominant majority and
certificate of canvass at the expense of the minority parties, to be determined by the
requesting party. Commission on the basis of the criteria
provided in Section 26 of Republic Act No.
(b) The certificate of canvass of votes for 7166;
president, vice-president and senators,
parties, organization or coalitions (9) The eleventh to thirteenth copies to
participating under the party-list system broadcast media entities as may be
shall be produced by the city boards of equitably determined by the Commission
canvassers of cities comprising one or in view of propagating the copies to the
more legislative districts, by provincial widest extent possible; and
boards of canvassers and by district

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(10) The fourteenth copy to another be produced as may be requested by any

citizens' arm or in the absence thereof, to voter for image or data capturing or for
a non-partisan group or organization any lawful purpose as may be ordered by
enlisted by the Commission pursuant to competent authority.(As amended by
Section 52(k) of Batas Pambansa Blg. 881. Section 21 of Republic Act No. 9369)
Such citizens' arm or non-partisan group
or organization may use the copy of Section 27. National Board of Canvassers
election return for the conduct of citizens' for Senators and Party-List
quick counts at the local or national Representatives. - The chairman and
levels. members of the Commission on Election
sitting en banc, shall compose the
The board of canvassers shall furnish all national board of canvassers for senators
other registered parties copies of the and party-list representatives. It shall
certificate of canvass at the expense of the canvass the results by consolidating the
requesting party. certificates of canvass electronically
transmitted. Thereafter, the national
(c) The certificates of canvass printed by board shall proclaim the winning
the provincial, district, city or municipal candidates for senators and party-list
boards of canvassers shall be signed and representatives.(As amended by Section
thumb marked by the chairman and 22 of Republic Act No. 9369)
members of the board and the principal
watchers, if available. Thereafter, it shall Section 28. Congress as the National
be sealed and placed inside an envelope Board of Canvassers for President and
which shall likewise be properly sealed. Vice-President. - The Senate and the
House of Representatives in joint public
In all instances, where the board of session shall compose the national board
Canvassers has the duty to furnish of canvassers for president and vice-
registered political parties with copies of president. The certificate of canvass for
the certificate of canvass, the pertinent president and vice-president duly certified
election returns shall be attached thereto, by the board of canvassers of each
where appropriate. province or city, shall be electronically
transmitted to the Congress, directed to
Immediately after the six copy and its the president of the Senate. Upon receipt
supporting statement of votes are printed, of the certificates of canvass, the
the chairman of the board of canvassers President of the Senate shall, not later
shall announce the posting of said prints than thirty (30) days after the day of the
on a wall within the premises of the election, open all the certificates in the
canvassing center, which must be presence of the Senate and the House of
sufficiently lighted and accessible to the representatives in joint public session and
public. Any person may view or capture the Congress upon determination of the
an image of the Certificate of Canvass or authenticity and the due execution
the supporting statement of votes by thereof in the manner provided by law,
means of any data capturing device such canvass all the results for president and
as, but not limited to, cameras at any time vice-president and thereafter, proclaim
of the day for forty-eight (48) hours the winning candidates.(As amended by
following the posting. After such period, Section 23 of Republic Act No. 9369)
the chairman of the board of canvassers
shall detach the election return from the
wall and keep the same in his custody to

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Section 29. Random Manual Audit. - - RA 9189 – Overseas Absentee Voting Act
Where the AES is used, there shall be a (2003) (as amended by Republic Act No.
random manual audit in one precinct per 10590 – now called Overseas Voting Act)
congressional district randomly chosen by
the Commission in each province and city. Section 6. Personal Overseas Registration
Any difference between the automated and/or Certification. - Registration and/or
and manual count will result in the certification as an overseas voter shall be
determination of root cause and initiate a done in person at any post abroad or at
manual count for those precincts affected designated registration centers outside
by the computer or procedural the post or in the Philippines approved by
error.(Added by Section 24 of Republic Act the Commission.
No. 9369)
Field and mobile registration centers
Section 30. Authentication of shall be set up by the posts concerned to
Electronically Transmitted Election ensure accessibility by the overseas
Results. - The manner of determining the voters.
authenticity and due execution of the
certificates shall conform with the All applicants shall submit themselves for
provisions of Republic Act No. 7166 as live capture of their biometrics.
may be supplement or modified by the
provision of this Act, where applicable, by The Commission shall issue an overseas
appropriate authentication and voter identification card to those whose
certification procedures for electronic applications to vote have been approved.
signatures as provided in Republic Act (Added by Section 5 of Republic Act No.
No. 8792 as well as the rules promulgated 10590)
by the Supreme Court pursuant
thereto.(Added by Section 25 of Republic Section 10. Transfer of Registration
Act No. 9369) Record. - In the event of change of voting
venue, an application for transfer of
E. System of Absentee voting (Article V, registration record must be filed by the
Section 2) overseas voter with the OFOV, through
its Chairperson, at least one hundred
Section 2. The Congress shall provide a eighty (180) days prior to the start of the
system for securing the secrecy and overseas voting period: Provided, That
sanctity of the ballot as well as a system those who would eventually vote in the
for absentee voting by qualified Philippines should register within the
Filipinos abroad. time frame provided for local registration
in the municipality, city or district where
The Congress shall also design a they intend to vote: Provided, further,
procedure for the disabled and the That those who have registered in the
illiterates to vote without the assistance municipality, city or district where they
of other persons. Until then, they shall be resided prior to their departure abroad
allowed to vote under existing laws and need not register anew: Provided, finally,
such rules as the Commission on That transferees shall notify the OFOV,
Elections may promulgate to protect the through its Chairperson, of their transfer
secrecy of the ballot. back to the Philippines at least one
hundred eighty (180) days prior to the
next national elections for purposes of
cancelling their names from the CLOV

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and of removing their overseas voter's (a) A valid Philippine passport. In the
registration from the book of voters. absence of a valid passport, a certification
(Added by Section 9 of Republic Act No. of the DFA that it has reviewed the
10590) appropriate documents submitted by the
applicant and has found them sufficient to
Section 11. System of Continuing warrant the issuance of a passport, or
Registration. - The Commission shall that the applicant is a holder of a valid
ensure that the benefits of the system of passport but is unable to produce the
continuing registration are extended to same for a valid reason;
qualified overseas voters. Registration
shall commence not later than six (6) (b) Accomplished registration form
months after the conduct of the last prescribed by the Commission; and
national elections. Towards this end, the
Commission shall be authorized to utilize (c) Applicants who availed themselves of
and optimize the use of existing facilities, the Citizen Retention and Reacquisition
personnel and mechanisms of the various Act (Republic Act No. 9225) shall present
government agencies for purposes of data the original or certified true copy of the
gathering and validation, information order of approval of their application to
dissemination and facilitation of the retain or reacquire their Filipino
registration process. citizenship issued by the post or their
identification certificate issued by the
Pre-departure Orientation Seminars Bureau of Immigration.
(PDOS), services and mechanisms offered
and administered by the DFA, the DOLE, The Commission may also require,
the Philippine Overseas Employment additional data to facilitate registration
Administration (POEA), the Overseas and recording. No information other than
Workers' Welfare Administration those necessary to establish the identity
(OWWA), the Commission on Filipinos and qualification of the applicant shall be
Overseas and by other appropriate required.
agencies of the government and private
agencies providing the same services shall All applications for registration and/or
include the salient features of this Act certification as an overseas voter shall be
and shall be utilized for purposes of considered as applications to vote
supporting the overseas registration and overseas. An overseas voter is presumed
voting processes. to be abroad until she/he applies for
transfer of her/his registration records or
All employment contracts processed and requests that her/his name be cancelled
approved by the POEA shall state the from the NROV. (As amended by Section
right of migrant workers to exercise their 11 of Republic Act No. 10590)
constitutional right of suffrage within the
limits provided for by this Act. (As Section 13. National Registry of Overseas
amended by Section 10 of Republic Act No. Voters (NROV). - The Commission shall
10590) maintain a National Registry of Overseas
Voters or NROV containing the names of
Section 12. Requirements for Registration. registered overseas voters and the posts
- Every Filipino registrant shall be where they are registered.
required to furnish the following
documents: Likewise, the Commission shall maintain
a registry of voters (ROV) per

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municipality, city or district containing corresponding ROV. (Added by Section 13

the names of registered overseas voters of Republic Act No. 10590)
domiciled therein. The Commission shall
provide each and every municipality, city Section 15. Notice of Registration and
or district with a copy of their respective Election. - The Commission shall, through
ROVS for their reference. (As amended by the posts cause the publication in a
Section 12 of Republic Act No. 10590) newspaper of general circulation of the
place, date and time of the holding of a
Section 14. Deactivation of Registration. - regular or special national election and
The RERB shall deactivate and remove the requirements for the participation of
the registration records of the following qualified citizens of the Philippines
persons from the corresponding book of abroad, at least six (6) months before the
voters and place the same, properly date set for the filing of applications for
marked and dated, in the inactive file registration.
after entering any of the following causes
of deactivation: The Commission shall determine the
countries where publication shall be
(a) Any person who has been sentenced by made, and the frequency thereof, taking
final judgment by a Philippine court or into consideration the number of overseas
tribunal to suffer imprisonment for not Filipinos present in such countries.
less than one (1) year, such disability not Likewise, the Commission and the DFA
having been removed by plenary pardon shall post the same in their respective
or amnesty: Provided, however, That any websites. (As amended by Section 14 of
person disqualified to vote under this Republic Act No. 10590)
paragraph shall automatically reacquire
the right to vote upon the expiration of Section 16. Reactivation of Registration. -
five (5) years after service of sentence, as Any overseas voter whose registration has
certified by the Clerks of Courts of the been deactivated pursuant to the
Municipal, Municipal Circuit, preceding section may file with the RERB
Metropolitan, Regional Trial Courts or the at any time, but not later than one
Sandiganbayan; hundred twenty (120) days before the
start of the overseas voting period, a
(b) Any person declared by competent sworn application for reactivation of
authority to be insane or incompetent, registration stating that the grounds for
unless such disqualification has been the deactivation no longer exist. (Added
subsequently removed by a declaration of by Section 16 of Republic Act No. 10590)
a proper authority that such person is no
longer insane or incompetent; Section 17. Cancellation of Registration. -
The RERB shall cancel the registration
(c) Any person who did not vote in two (2) records of those who have died, as
consecutive national elections as shown certified by either the posts or by the local
by voting records; and civil registrar, and those who have been
proven to have lost their Filipino
(d) Any person whose registration has citizenship. (Added by Section 17 of
been ordered excluded by the courts. Republic Act No. 10590)

The fact of deactivation shall be Section 18. Voters Excluded from the
annotated in the NROV and the NROV Through Inadvertence. - Any

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registered overseas voter whose name has bulletin boards and/or websites within ten
been inadvertently omitted from the (10) days from receipt thereof.
NROV may, personally or through an
authorized representative, file with the Subject to reasonable regulation and the
RERB through the OFOV or the post payment of fees in such amounts as may
exercising jurisdiction over the voter's be fixed by the Commission, the
residence, an application under oath for candidates, political parties, accredited
reinstatement not later than one hundred citizens' arms, and all other interested
twenty (120) days before the start of the persons shall be furnished copies thereof:
voting period. Provided, That nongovernmental
organizations and other civil society
The RERB shall resolve the application organizations accredited by and working
within one (1) month from receipt thereof, with the Commission as partners on
otherwise the application shall be deemed overseas voters' education and
approved. (Added by Section 18 of participation shall be exempt from the
Republic Act No. 10590) payment of fees. (As amended by Section
20 of Republic Act No. 10590)
Section 19. Application for Correction of
Entries and Change of Name. - Any Section 21. Printing and Transmittal of
registered overseas voter who intends to Ballots, Voting Instructions, Election
change her/his name by reason of Forms and Paraphernalia. -
marriage, death of husband, or final court
judgment; or to correct a mispelled name 21.1. The Commission shall cause the
or any erroneous entry in the NROV, printing of ballots for overseas voters, and
CLOV and voter's identification card may, all other accountable election forms in
personally or through an authorized such number as may be necessary, but in
representative, file an application under no case shall these exceed the total
oath for change of name or correction of number of approved applications. Security
entries with the RERB through the OFOV markings shall be used in the printing of
or the post exercising jurisdiction over the ballots for overseas voters.
voter's residence not later than ninety
(90) days before the start of the voting 21.2. The Commission shall present to the
period. authorized representatives of the DFA
and of the accredited major political
The RERB shall resolve the application parties the ballots for overseas voters,
within one (1) month from receipt thereof, voting instructions, election forms and
otherwise the application shall be deemed other election paraphernalia for scrutiny
approved. (Added by Section 19 of and inspection prior to their transmittal
Republic Act No. 10590) to the posts.

Section 20. Preparation and Posting of 21.3. The Commission shall transmit, as
Certified List of Overseas Voters. - The far as practicable, but not later than forty-
Commission shall prepare the Certified five (45) days before the day of elections,
List of Overseas Voters or CLOV not later by special pouch to all posts the exact
than ninety (90) days before the start of number of ballots for overseas voters
the overseas voting period, and furnish corresponding to the number of approved
within the same period electronic and applications, along with such accountable
hard copies thereof to the appropriate forms necessary to ensure the secrecy and
posts, which shall post the same in their integrity of the election.

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Section 24. Casting and Submission of

21.4. The authorized representatives of Ballots. -
accredited major political parties shall
have the right to be present in all phases 24.1. Upon receipt by the SBEI of the
of printing, transmittal, and casting of ballots for overseas voters, voting
mailed ballots abroad. Unclaimed ballots instructions, election forms and other
properly marked as such, shall be paraphernalia, they shall make these
cancelled and shipped to the Commission available on the premises to the qualified
by the least costly method. (As amended overseas voters in their respective
by Section 21 of Republic Act No. 10590) jurisdictions during the thirty (30) days
before the day of elections when overseas
Section 22. Regulation on Campaigning voters may cast their vote. Immediately
Abroad. - Personal campaigning, the use upon receiving it, the overseas voter must
of campaign materials, as well as the fill-out her/his ballot personally, in secret,
limits on campaign spending shall be without leaving the premises of the posts
governed by the laws and regulations concerned.
applicable in the Philippines: Provided,
That all forms of campaigning abroad 24.2. The overseas voter shall personally
within the thirty (30)-day overseas voting accomplish her/his ballot at the post that
period shall be prohibited. (As amended has jurisdiction over the country where
by Section 22 of Republic Act No. 10590) she/he temporarily resides or at any
polling place designated and accredited by
Section 23. Voting. - Voting may be done the Commission.
either personally, by mail or by any other
means as may be determined by the 24.3. The overseas voter shall cast her/his
Commission. For this purpose, the ballot, upon presentation of the voter
Commission shall issue the necessary identification card issued by the
guidelines on the manner and procedures Commission or such other documents
of voting. deemed by the SBEI at the post as
sufficient to establish the voter's identity.
The OFOV, in consultation with the DFA-
OVS, shall determine the countries where 24.4. All accomplished ballots received
voting shall be done by any specific mode, shall be placed unopened inside sealed
taking into consideration the minimum containers and kept in a secure place
criteria enumerated under this Act which designated by the Commission.
shall include the number of registered
voters, accessibility of the posts, efficiency 24.5. The posts concerned shall keep a
of the host country's applied system and complete record of the ballots for overseas
such other circumstances that may affect voters, specifically indicating the number
the conduct of voting. of ballots they actually received, and in
cases where voting by mail is allowed
The Commission shall announce the under Section 25 hereof, the names and
specific mode of voting per country/post at addresses of the voters to whom these
least one hundred twenty (120) days ballots were sent, including proof of
before the start of the voting period. (As receipt thereof. In addition, the posts
amended by Section 23 of Republic Act No. shall submit a formal report to the
10590) Commission and the Joint Congressional
Oversight Committee created under this
Act within thirty (30) days from the day of

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elections. Such report shall contain data their transmittal to the Special Boards of
on the number of ballots cast and received Election Inspectors.
by the offices, the number of invalid and
unclaimed ballots and other pertinent 24.10. During this phase of the election
data. process, the authorized representatives of
the political parties, candidates, and
24.6. Ballots not claimed by the overseas accredited citizens' arms of the
voters at the posts, in case of personal Commission shall be notified in writing
voting, and ballots returned to the posts thereof and shall have the right to witness
concerned, in the case of voting by mail, the proceedings.
shall be cancelled and shipped to the
Commission by the least costly method 24.11. The Commission shall study the
within six (6) months from the day of use of electronic mail, Internet, or other
elections. secured networks in the casting of votes,
and submit a report thereon to the Joint
24.7. Only ballots cast, and mailed ballots Congressional Oversight Committee. (As
received by the posts concerned in amended by Section 24 of Republic Act No.
accordance with Section 25 hereof before 10590)
the close of voting on the day of elections
shall be counted in accordance with Section 25. Voting by Mail. -
Section 27 hereof. All envelopes
containing the ballots received by the 25.1. For the May, 2004 elections, the
posts after the prescribed period shall not Commission shall authorize voting by
be opened, and shall be cancelled and mail in not more than three (3) countries,
shipped to the Commission by the least subject to the approval of the
costly method within six (6) months from Congressional Oversight Committee.
the day of elections. Voting by mail may be allowed in
countries that satisfy the following
24.8. A special ballot Reception and conditions:
Custody Group composed of three (3)
members shall be constituted by the (a) Where the mailing system is fairly
Commission from among the staff of the well-developed and secure to prevent the
posts concerned, including their attached occasion of fraud;
agencies, and citizens of the Philippines
abroad, who will be deputized to receive (b) Where there exists a technically
ballots and take custody of the same established identification system that
preparatory to their transmittal to the would preclude multiple or proxy voting;
SBEI. and,

24.9. A Special Ballot Reception and (c) Where the system of reception and
Custody Group composed of three (3) custody of mailed ballots in the
members shall be constituted by the embassies, consulates and other foreign
Commission from among the staff of the service establishments concerned are
embassies, consulates and other foreign adequate and well-secured.
service establishments concerned,
including their attached agencies, and Thereafter, voting by mail in any country
citizens of the Philippines abroad, who shall be allowed only upon review and
will be deputized to receive ballots and approval of the Joint Congressional
take custody of the same preparatory to Oversight Committee.

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POLITICAL LAW REVIEW
Based on the syllabus and lectures of Atty. Bong Lopez (Compiled by RYAN JAMES S. EDQUILAG)
The digested cases will serve as guide for the topics. Reading the full text of the cases is encouragingly advised.

conducted within the premises of the

25.2. The overseas voter shall send her/his embassies, consulates and other foreign
accomplished ballot to the corresponding service establishments or in such other
post that has jurisdiction over the country places as may be designated by the
where she/he temporarily resides. She/He Commission pursuant to the
shall be entitled to cast her/his ballot at Implementing Rules and Regulations. The
any time upon her/his receipt thereof: Commission shall ensure that the start of
Provided, That the same is received before counting in all polling places abroad shall
the close of voting on the day of elections. be synchronized with the start of counting
The overseas absentee voter shall be in the Philippines.
instructed that her/his ballot shall not be
counted if not transmitted in the special 27.2. For these purposes, the Commission
envelope furnished her/him. shall constitute as many SBEIs as may be
necessary to conduct and supervise the
25.3. Only mailed ballots received by the counting of votes as provided in Section
post before the close of voting on the day 27.2 hereof. The SBEIs to be constituted
of elections shall be counted in accordance herein shall be composed of a Chairman
with Section 27 hereof. All envelopes and two (2) members, one (1) of whom
containing the ballots received by the shall be designated as poll clerk. The
posts after the prescribed period shall not ambassador or consul-general, or any
be opened, and shall be cancelled and career public officer posted abroad
disposed of appropriately, with a designated by the Commission, as the
corresponding report thereon submitted to case may be, shall act as the Chairman; in
the Commission not later than thirty (30) the absence of other government officers,
days from the day of elections. (As the two (2) other members shall be
amended by Section 25 of Republic Act No. citizens of the Philippines who are
10590) qualified to vote under this Act and
deputized by the Commission not later
Section 26. Voting Privilege of Members of than sixty (60) days before the day of
the SBEI, SBRCG and SBOC. - elections. All resolutions of the SBEIs on
Government employees posted abroad issues brought before it during the
who will perform election duties as conduct of its proceedings shall be valid
members of the SBEI, SBCRG and SBOC only when they carry the approval of the
shall be allowed to vote in their respective Chairman.
posts: Provided, That they are registered
either in the Philippines or as overseas Immediately upon the completion of the
voters. (Added by Section 26 of Republic counting, the SBEIs shall transmit via
Act No. 10590) facsimile and/or electronic mail the
results to the Commission in Manila and
Section 27. On-Site Counting and the accredited major political parties.
Canvassing. -
27.3. Only ballots cast on, or received by
27.1. The counting and canvassing of the embassies, consulates and other
votes shall be conducted on site in the foreign service establishments before the
country where the votes were actually close of voting on the day of elections shall
cast. The opening of the specially-marked be included in the counting of votes. Those
envelopes containing the ballots and the received afterwards shall not be counted.
counting and canvassing of votes shall be

God bless and best of luck! Ora et labora.

160
POLITICAL LAW REVIEW
Based on the syllabus and lectures of Atty. Bong Lopez (Compiled by RYAN JAMES S. EDQUILAG)
The digested cases will serve as guide for the topics. Reading the full text of the cases is encouragingly advised.

27.4. The SBOC composed of the highest and circumstances peculiar to such
ranking officer of the post as Chairperson, country or countries, and which events,
a senior career officer from any of the factors and circumstances are beyond the
government agencies maintaining a post control or influence of the Commission.
abroad and, in the absence of another
government officer, a citizen of the 27.6. In the preparation of the final tally
Philippines qualified to vote under this of votes on the results of the national
Act and deputized by the Commission, as elections, the Commission shall ensure
vice chairperson and member-secretary, that the votes canvassed by each and
respectively, shall be constituted to every country shall be reflected as a
canvass the election returns submitted to separate item from the tally of national
it by the SBEIs. Immediately upon the votes. For purposes of this Act, the
completion of the canvass, the chairperson returns of every election for President and
of the SBOC shall transmit via facsimile, Vice-President prepared by the SBOCs
electronic mail, or any other means of shall be deemed a certificate of canvass of
transmission equally safe and reliable the a city or a province.
Certificates of Canvass and the
Statements of Votes to the Commission, 27.7. Where feasible, the counting and
and shall cause to preserve the same canvassing of votes shall be automated.
immediately after the conclusion of the Towards this end, the Commission is
canvass, and make it available upon hereby authorized to borrow, rent, lease
instructions of the Commission. The or acquire automated voting machines for
SBOC shall also furnish the accredited purposes of canvassing and counting of
major political parties and accredited votes pursuant to the provisions of this
citizens' arms with copies thereof via Act, and in accordance with the
facsimile, electronic mail and any other Implementing Rules and Regulations
means of transmission equally safe, promulgated by the Commission.
secure and reliable.
- RA 7166 – (Synchronized Elections),
The Certificates of Canvass and the Section 12 – Absentee Voting for AFP,
accompanying Statements of Votes as PNP and government employees assigned
transmitted via facsimile, electronic mail to places where they are not registered
and any other means of transmission voters
equally safe, secure and reliable shall be
the primary basis for the national Section 12. Absentee Voting. - Absentee
canvass. voting as provided for in Executive Order
No. 157 dated March 30, 1987 shall apply
27.5. The canvass of votes shall not cause to the elections for President, Vice-
the delay of the proclamation of a winning President and Senators only and shall be
candidate if the outcome of the election limited to members of the Armed
will not be affected by the results thereof. Forces of the Philippines and the
Notwithstanding the foregoing, the Philippine National Police and other
Commission is empowered to order the government officers and employees
proclamation of winning candidates who are duly registered voters and
despite the fact that the scheduled who, on election day, may temporarily
election has not taken place in a be assigned in connection with the
particular country or countries, if the performance of election duties to
holding of elections therein has been place where they are not registered
rendered impossible by events, factors voters.

God bless and best of luck! Ora et labora.

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