Professional Documents
Culture Documents
People v. Gozo
Section 1. The Philippines is a democratic
and republican State. Sovereignty resides in Her house was constructed within the naval base
the people and all government authority leased to the American armed forces. She seeks to
emasculate our sovereign rights by the assertion
emanates from them. that we cannot exercise therein administrative
jurisdiction.
A state is a community of persons more or less numerous Court ruled that the govt is merely gave consent to
permanently occupying a definite portion of territory the US to exercise jurisdiction in certain cases.
independent of external control and possessing an organized
government to which a body of inhabitants render habitual Auto-limitation = a state if it chooses to may refrain
obedience. from the exercise of what otherwise is illimitable
competence
Four requirements for a government: Allowing another power to participate in the
People exercise of jurisdictional right over certain portions
Territory of its territory. IF IT DOES SO, IT BY NO MEANS
Sovereignty FOLLOWS THAT SUCH AREAS BECOME
Government IMPRESSED WITH AN ALIEN CHARACTER. THEY
RETAIN THEIR STATUS AS NATIVE SOIL. THEY
State = legal concept / Nation = ethnic concept ARE STILL SUBJECT TO ITS AUTHORITY
Philippines have NOT abdicated its sovereignty over
Legal Sovereignty = the supreme power to make law. the bases as part of the Philippine territory or
Lodged in the people divested itself completely of jurisdiction of such
Political Sovereignty = the sum total of all influences in a offenses committed therein.
state, legal and non-legal, which determine the course of Bases = they are NOT and CANNOT be foreign
law. territory
A republican state implies a representative government Doctrine: The Philippine government merely consents to a
while a democratic state implies a direct democracy. foreign states jurisdiction in certain areas as a matter of
Republican state = all government authority emanates comity, courtesy, or expediency. The US has prior or
from the people and is exercised by representatives preferential, but not exclusive jurisdiction, and the
chosen by the people Philippines does not divest itself of jurisdiction over offenses
We are not only representative or republican, we also committed inside the military bases. The bases are not
share aspects of direct democracy such as INITATIVE foreign territory. Functions of Government As defined in
AND REFERENDUM (Art VI, Sec. 32) Bacani v. NACOCO, the functions of government are
Sovereignty is the power to make legal decisions. classified into constituent and ministrant functions.
Constituent Functions The constituent functions of
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government are the compulsory functions of government that government and maintains itself against the will
constitute the very bonds of society. of the latter. (Cromwells England)
The second is a government established and
As enumerated by Woodrow Wilson, they are: maintained by military forces who invade and
1. The keeping of order and providing for the occupy a territory of the enemy in the course of
protection of persons and property from violence war, and which is denominated a government of
and robbery. paramount force (Japanese Occupation)
2. The fixing of legal relations between man and wife The third kind is that established as an
and between parents and children. independent government by the inhabitants of a
3. The regulation of the holding, transmission, and country who rise in insurrection against the parent
interchange of property, and the determination its state (Southern Confederacy)
liabilities for debt or for crime Of the second kind, denominated as a
4. The determination of contract rights between government of paramount force.
individuals.
5. The definition and punisment of crime. Distinguishing Characteristics of a De Facto government:
6. The administration of justice in civil cases. Its existence is maintained by active military
7. The determination of the political duties, privileges, power within the territories and against the rightful
and relations of citizens authority of an established and lawful government
8. Dealings of the state with foreign powers: the While it exists it must necessarily be obeyed in
preservation of the state from external danger or civil matters by private citizens, who by obedience
encroachment and the advancement of its rendered in submission to such force, do not become
international interest. responsible as wrongdoers for those acts, though
not warranted by the laws of the rightful
It is opined that housing for the people and the compelling government.
demands of social justice now fall under the ambit of a
governments constituent functions. Philippine Government promulgated during the Japanese
years = DE FACTO GOVERNMENT OF THE SECOND KIND
Bacani v. NACOCO issue was WON NACOCO was part of
government or not. Since NACOCO was a corporation with The legislative and judicial acts of de facto government =
personality distinct from government and could not therefore VOID AB INITIO.
claim the privileges which flow from sovereignty. When,
however, government chooses to operate not thru a In Re: Letter of Associate Justice Puno
government owned corporation but thru an incorporated
agency, the distinction between constituent can be useful. Synopsis With respect to the Aquino government of 1986, it
can be said that the organization of Mrs. Aquinos
Ministrant Functions government was met by little resistance and her control of
Ministrant functions of the government are the optional the state evidenced by the appointment of the Cabinet and
functions that are intended for achieving a better life for the other key officers of Cabinet officials, revamp of the Judiciary,
community. The principles for determining whether or not and the Military signaled the point where the legal system in
the government shall exercise these functions are: effect had ceased to be obeyed by the Filipino people.
that a government should do for the public welfare REVOLUTIONARY.
those things that private capital would not naturally
undertake C. Republic v. Sandiganbayan
that a government should do those things which by Issue: Legality of search and seizure after the 1987
its very nature it is better equipped to administer for constitution was promulgated. Illegal search = against the
the public welfare than any private individual or bill of rights.
group of individuals.
Patterns of Government
ACCFA v. CUGCO Issue was the characterization of the What superficially appears to be a bewildering variety of
functions of a government agency charged with the applications of constitutional democracy can be reduced to
implementation of the land reform program. The function the following basic patterns:
may not strictly be CONSTITUENT in the sense of BACANI. Direct government the people, organized as the
But the compelling urgency with the Constitution speaks of electorate, are the preponderant power holder
SOCIAL JUSTICE does not leave any doubt that land reform (Ancient Greek City-States)
is not an optional but a CUMPOLSARY function of Assembly government name for the pattern
sovereignty. which the parliament as the representation of the
people is the preponderant power holder (China,
State, government, and administration former USSR)
State is the corporate entity, government is the institution o Legislative assembly holds undisputed
that implements the will of the State, and administration supremacy over all other state organs,
refers to the people running the institution. subject only to the sovereign electorate
renewing it at regular intervals
De facto government o Incompatible with bicameralism
Judicial acts and proceedings of de facto governments remain o Chief of state ceremonial
good and valid even after the liberation or reoccupation of Parliamentarism where there exists an
the Philippines by the American and Filipino forces. equilibrium between the independent power
holders, parliament and government, and is
Go Kim Chan v. Valdez Tan Keh attempted by the integration of the two. There are
Doctrine There are three kinds of de facto governments. Is two widely divergent forms of this type, where the
the government established by the Japanese DE FACTO? parliament is superior in political power to the
cabinet (French model) or vice versa (British model).
KINDS OF DE FACTO GOVERNMENT o 6 STRUCTURAL ELEMENTS COMMON
First, is when the government de facto gets
TO ALL PARLIAMENTARY
possession and control of, or usurps, by force or by
GOVERNMENTS:
the voice of the majority, the rightful legal
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Members of the government are
also members of the parliament. The Marcos government was a presidential form of
RATIONALE: So the government. A presidential form of government has these
Assembly can subject distinguishing features:
them to political separation of powers
responsibility by making the preeminence of the President
them stand up in the
midst and account for First of all, Marcos inherited the powers of the President as
their conduct of office. defined in the 1935 Constitution. He was also superior to the
Government/Cabinet consists of Prime Minister by the fact that he nominated the Prime
the political leaders of the majority Minister, approved the program of government to be
party administered by the Prime Minister, terminated the term of
Pyramidal structure with the Prime the Prime Minister if and when he nominates his successor,
Minister as its apex and and could delegate powers to the Prime Minister. He also had
recognized leader control over the ministries. Moreover, while there was a
PM exercises undisputed closer relationship between the executive and legislative,
supremacy over his thereby manifesting some aspects of parliamentarism, there
ministerial colleagues. was a definite separation. Separation from the Judiciary was
Government remains in power so also maintained.
long as it commands the support of
the majority of the members of the
parliament Section 2. The Philippines renounces war as
Power is lost when an instrument of national policy, adopts the
majority withdraws its generally accepted principles of
support international law as part of the law of the
General elections change land and adheres to the policy of peace,
the majority structure of equality, justice, freedom, cooperation, and
parliament
Policy decision is shared by the amity with all nations.
government and the parliament
It is in POLICY CONTROL that the Renunciation of war
crux of the pattern of a
parliamentary government lies
Dissolution and vote of The war that is renounced is an aggressive and not a
non-confidence belong defensive war.
together like piston and Congress = power to declare a state of war
cylinder
Cabinet prime minister and cabinet over the
parliament Adoption of International law
o MAIN FEATURES:
Existence of 2 alternating parties
possessing even chances in the
International law can only become part of municipal law
long run becoming the majority through the appropriate constitutional machinery, such
party as an act of parliament or Congressional legislation.
Cabinet is relatively a small TRANSFORMATION and INCORPORATION
committee composed of leaders of
the majority party Sec. 2 Art II accepts doctrine of incorporation.
The official leader of the winning International law has the same force as domestic law
party is the prime minister
designate. Undisputed leader and Cases of Mejoff v. Director of Prisons (alien of Russian
superior of his cabinet whose descent who had been detained. Invoked the Universal
members he choose upon his Declaration of Human Rights)
discretion
Policy decision is in the hands of AGUSTIN V. EDU use of early warning devices. Court
PM and cabinet, the commons are
ruled that the 1968 Vienna Convention on Road Signs
granted only that degree of
and Signals had been ratified
participation in the policy
execution by legislation that the
prevailing political climate of Although the doctrine of incorporation tells us that
public opinion demands public international law carries the same weight as
Policy control is vested in both statutory law, when it comes to general principles of
houses of the parliament and the international law, the ones that will be adopted by the
electorate country are arrived at through jurispruidential
Majority of the parliament development.
members = men of intelligence,
integrity, and experience. PARTY Adherence to policy of peace, freedom, amity
DICSIPLINE!
Presidential If the independent power holders,
government and parliament, are kept separated but Foreign policy = national interest
are constitutionally obligated to corporate for the
formation of the will of the state, interdependence is Section 3. Civilian authority is, at all times,
achieved by coordination.
supreme over the military. The Armed
Marcos Dictatorship and Parliamentarism vs. Presidential Forces of the Philippines is the protector of
Government the people and the State. Its goal is to
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secure the sovereignty of the State and the Article III, Section 5
integrity of the national territory.
STATE POLICIES
Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of
Section 7. The State shall pursue an
the State and the integrity of the national territory. The independent foreign policy. In its relations
section is divided into two clauses, the Civilian Supremacy with other states, the paramount
clause and the Mark of Sovereignty clause. consideration shall be national sovereignty,
territorial integrity, national interest, and
Civilian Supremacy - Civilian authority is, at all the right to self-determination.
times, supreme over the military.
Mark of Sovereignty -The AFP is the protector of the An Independent foreign policy
people and the state.
Discussions on the future of the military bases in
Subic and Clark
As politics get into the army, the army gets into
Closest reference to military bases that a dominant
politics. MARTIAL LAW.
majority in the ConCom would allow in the body of
the consti
Armed forces = protector of the state
Mark of Sovereignty
Section 8. The Philippines, consistent with
the national interest, adopts and pursues a
The MoS clause is, in capsule form, the description of a
soldiers vocation. The soldier is supposed to renounce policy of freedom from nuclear weapons in
political ambition because he finds nobility and dignity and its territory.
honor in being the guardian of the people and of the integrity
of the national territory of a legitimate government. This is
A policy of freedom from nuclear weapons
not a principle, which once articulated, creates the reality
2 questions: 1. What are banned by the provision 2.
that it seeks to describe. To keep the dream of civilian
How absolute is the ban?
supremacy alive, two elements are needed: a civilian
government that is both legitimate and stable, and an armed
force of the highest professionalism. not only possessing weapons but also NUCLEAR
TESTS in our territory as well as the use of our
territory as dumping ground for radioactive wastes
Section 4. The prime duty of the (JPEPA?!)
Government is to serve and protect the
people. The Government may call upon the Not a ban on the peaceful uses of nuclear energy
people to defend the State and, in the
fulfillment thereof, all citizens may be
required, under conditions provided by law,
to render personal, military or civil service. Section 9. The State shall promote a just
and dynamic social order that will ensure
Compulsory military and civil service; protection of the prosperity and independence of the
people and State nation and free the people from poverty
through policies that provide adequate
Volunteer system entrusting the sacred mission of social services, promote full employment, a
defending the country to men lacking in capacity rising standard of living, and an improved
who have proved failures in other fields of activity
quality of life for all.
(like in Korea)
People v. Lagman the accused was prosecuted for
failing to register for military service under the Section 10. The State shall promote social
National Defense Act. Act is NOT unconstitutional. justice in all phases of national
People v. Manayo
development.
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o Petitioners requests that HRSA declared EXACTLY ON THE LEVEL TO SAVE THE
VOID because it counters to the aspiration LIFE OF THE MOTHER
and ideals of the Filipino people as
embodied in the Constitution o When the life of the mother needs to be
saved, the unborn can be sacrificed but not
o As a general rule, provisions of the merely when the purpose is to save the
constitution are considered SELF- mother from emotional suffering
EXECUTING and do not require future
legislation for their enforcement. For if they o Roe v. Wade liberalized abortion laws up
are not treated as self-executing, the to the 6th month of pregnancy by allowing
mandate of the fundamental law can be abortion any time in the first 6th months
easily nullified by the inaction of congress.
However, some provisions have already o Roe was overturned by CASEY. 4th month
been categorically declared by this court as with undue burden test and will inform the
non-self executing parents and father
o THIS IS NOT AN ASSERTION THAT THE The subject matter of the complaint is the general
LIFE OF THE UNBORN IS PLACED interest of all citizens of the Philippines. The
petitioner minors assert that they represent their
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generation and the generations yet unknown. Their Consti = NATIONAL INTEREST
personality to sue in behalf of succeeding
generations is based on the concept of Other case: Manila Prince Hotel
intergenerational responsibility. Every generation
has a responsibility to the next to preserve the
rhythm and harmony for the full enjoyment of a Section 20. The State recognizes the
balanced ecology. indispensable role of the private sector,
Intergenerational responsibility and justice encourages private enterprise, and provides
Minors: 1) cancel all existing timber license
incentives to needed investments.
agreements in the country and 2) cease and desist
from receiving, accepting, renewing, or approving MARINE RADIO COMMUNICATIONS
new timber license agreements ASSOCIATION V. REYES Article II, Section 20 is
no more than an acknowledgement of the
Laguna Lake Development Authority v. Court of Appeals importance of private initiative in building the
nation. However, it is not a call for official abdication
of duty to citizenry
Some residents near the dumpsite in Caloocan were
concerned about pollution. The LLDA issued a cease
and desist order because of its harmful effects on Section 21. The State shall promote
the residents and the possible pollution to the comprehensive rural development and
receiving streams. The Court upheld the LLDA agrarian reform.
ruling.
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e.g. Philippine Long Distance Co. vs. National The right of PROVINCES, CITIES, MUNICIPALITIES,
Telecommunications Commissions: BARANGAYS, and AUTONOMOUS REGIONS to exist as the
TERRITORIAL and POLITICAL SUBDIVISIONS of the state
The Court: The interconnection which has been required of is no longer just a STATUTORY RIGHT but a
PLDT is a form of intervention with property rights...The CONSTITUTIONAL RIGHT.
decisive considerations are PUBLIC NEED, PUBLIC
INTEREST and the COMMON GOOD...To these PUBLIC and Salient Criteria for AUTONOMY:
NATIONAL INTERESTS, PUBLIC UTILITY COMPANIES must
bow and yield. (1) AUTONOMY should be compatible with NATIONAL
GOALS
Art. XVI Sec. 11. (1) The OWNERSHIP and MANAGEMENT
of MASS MEDIA shall be limited to CITIZENS of the (2) AUTONOMY should ensure WIDEST PARTICIPATION and
PHILIPPINES, or to corporations, cooperatives or INITIATIVE to the local government unit
associations, WHOLLY-OWNED and MANAGED by such
CITIZENS. (3) AUTONOMY should assure the development of SELF-
RELIANT communities
The CONGRESS shall REGULATE or PROHIBIT
MONOPOLIES in COMMERCIAL MASS MEDIA when the LOCAL GOVERNMENT-a POLITICAL SUBDIVISION of a
PUBLIC INTEREST so requires. nation or a state which is CONSTITUTED BY LAW and has
SUBSTANTIAL CONTROL of LOCAL AFFAIRS.
(2) The ADVERTISING industry is
impressed with PUBLIC INTEREST, and shall be regulated by Unitary System of the Philippines: LOCAL GOVERNMENT
law for the PROTECTION OF CONSUMERS and the can only be an infra-sovereign subdivision of ONE
PROMOTION of the GENERAL WELFARE. SOVEREIGN NATION.
*The Consti. Commission did not succeed in formulating a Decentralization of ADMINISTRATION-when the CENTRAL
definition of MONOPOLIES GOVERNMENT delegates ADMINISTRATIVE powers to
political subdivisions in order to:
MASS MEDIA-includes radio, television, and the printed
media. It does not include commercial telecommunications, (1) broaden the base of government power making local
which are governed as public utilities, nor the advertising governments more RESPONSIVE and ACCOUNTABLE
industry.
(2) ensure their fullest development as SELF-RELIANT
PUBLIC UTILITY-a utility corporation which renders service communities
to the general public for COMPENSATION. Its service is not
confined to privileged individuals but is OPEN TO AN (3) make them more effective PARTNERS in the pursuit of
INDEFINITE PUBLIC. It is a business or service engaged in NATIONAL DEVT. and PROGRESS
regularly supplying the public with some commodity or
service of PUBLIC CONSEQUENCE (Iloilo Ice and Cold
(4) relieves THE CENTRAL GOVERNMENT the burden of
Storage Co. v. Public Utility Board, Art. XII Sec. 11).
managing LOCAL AFFAIRS, enabling it to focus on
NATIONAL CONCERNS
Section 25. The State shall ensure the
Decentralization of POWER-involves an abdication of
autonomy of local governments.
POLITICAL POWER in favour of LOCAL GOVERNMENT
UNITS declared to be AUTONOMOUS. The AUTONOMOUS
*Note: Article X Sec. 1-3 GOVERNMENT becomes accountable not to the CENTRAL
AUTHORITIES but to ITS CONSTITUENCY.
Art. X Sec. 1. The TERRITORIAL and POLITICAL
SUBDIVISIONS of the Republic of the Philippines are the *The meaning of LOCAL AUTONOMY under the 1987
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS. Constitution, HOWEVER, was effectively thrown down to the
There shall be AUTONOMOUS REGIONS in MUSLIM LEVEL OF AUTONOMY under the 1935 Constitution.
MINDANAO and THE CORDILLERAS as herein after
provided. e.g. Magtajas v. Pryce Properties: GOVT OF CAGAYAN DE
ORO CITY contended that it could prevent the PAGCOR from
PROVINCES, CITIES, MUNICIPALITIES, and BARANGAYS- operating a casino in the city, under its authority to prohibit
fixed as the standard TERRITORIAL and POLITICAL gambling. PAGCOR, however, had authority under P.D. No.
SUBDIVISIONS of the Philippines 1869 to CENTRALIZE and REGULATE all games of chance
under territorial jurisdiction of the Philippines.
AUTONOMOUS REGION-a BODY CORPORATE consisting of
provinces, cities, and municipalities. Creation of other THE COURT ruled that: CDO City could not curtail
autonomous regions can only be accomplished by PAGCORS authority. Municipal governments are ONLY
CONSTITUTIONAL AMENDMENT. AGENTS of the national government. Municipal corporations
owe to, and derive their powers and rights wholly from the
LEGISLATURE.
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Lina, Jr. v. Pano: an attempt by the provincial government Art. X Sec. 3. THE CONGRESS shall enact a LOCAL
to PROHIBIT LOTTO. THE COURT ruled: The provincial GOVERNMENT CODE which shall provide for a more
government may not prohibit lotto. RESPONSIVE and ACCOUNTABLE local government
structure instituted through a SYSTEM OF
*Commision on Audit MAY NOT reduce the allowance given DECENTRALIZATION with effective mechanism of RECALL,
to JUDGES by LOCAL GOVERNMENTS, as the LOCAL INITIATIVE, and REFERENDUM, ALLOCATE among the
GOVERNMENT CODE authorizes LOCAL GOVERNMENTS different local government units their powers,
to give allowance to judges and decide how much this should responsibilities, and resources, and provide for the
be. QUALIFICATIONS, ELECTION, APPOINTMENT AND
REMOVAL, TERM, SALARIES, POWERS AND FUNCTIONS
San Juan v. Civil Service Commission: AND DUTIES OF LOCAL OFFICIALS, and all other matters
relating to the organization and operation of the local units.
Facts: By E.O. No. 112, authority to appoint a Provincial
Budget Officer (PBO) had been given to the SECRETARY OF INITIATIVE AND REFERENDUM-the legal process whereby
BUDGET MANAGEMENT upon RECOMMENDATION of the the registered voters of a LOCAL GOVERNMENT UNIT may
LOCAL EXECUTIVE concerned. The person recommended DIRECTLY propose, enact, or amend any ordinance.
by the PROVINCIAL GOVERNOR, however, did not possess
the necessary qualifications. Hence, the c appointed The COURT has ruled that, even as worded, the statute
somebody else of his own choice. authorizes INITIATIVE AND REFRENDUM not just on
ordinances BUT ALSO ON RESOLUTIONS
Issue: The authority to appoint a PBO.
RECALL-as an instrument for effecting official accountability,
Held: THE COURT rules that if the recommendee of the is a DEVICE or PROCEDURE by which a public officials
PROVINCIAL GOVERNOR is not qualified, the SECRETARY tenure may be terminated by POPULAR VOTE. It may be
OF BUDGET MANAGEMENT must ask for new applied to both ELECTIVE and APPOINTIVE officials.
recommendees with the necessary eligibility.
e.g. Garcia v. Commission on Elections-
San Juan was aware that there are factors about life in a
local community about which the CENTRAL GOVERNMENT Facts: The 1991 Local Government Code authorized
is NOT the best judge. THE COURT: More important is the PROVINCES, CITIES, LEGISLATIVE DISTRICTS AND
proper administration of FISCAL AFFAIRS at the LOCAL MUNICIPALITIES to have a PREPARATORY RECALL
LEVEL. ASSEMBLY authorized to initiate the recall of an elective
official. Governor Garcia contended that such a right includes
Laguna Lake Devt. Authority v. Court of Appeals the SOLE AND EXCLUSIVE RIGHT to decide on whether to
INITIATE a recall proceeding or not.
Facts: The Task Force Camarin Dumpsite filed a complaint
with the Laguna Lake Devt. Authority (LLDA) seeking to stop Issue: Whether the Local Government Code also authorizes
the operation of the garbage dumpsite in Tala Estate, Brngy. local government units to have a sole and exclusive right to
Camarin, Caloocan City due to its harmful effects on the decide on whether there should be a recall proceeding or not.
health of the residents and the possibility of pollution of the
water content of the surrounding area. The LLDA found out Held: The COURT did not agree with Governor Garcia and
that the City Government was not able to secure an stated that the CONGRESS has made its choice as called for
Environmental Compliance Certificate (ECC) from the by the constitution and it is not the prerogative of this court
Environmental Management Bureau (EMB) before to supplant this judgement. There is nothing in the
maintaining an open dumpsite. The LLDA issued a CEASE CONSTITUTION that will remotely suggest that the people
and DESIST ORDER ordering the City Government of have the sole and exclusive right to decide on whether to
Caloocan to stop dumping garbage at the Camarin Dumpsite. initiate a recall proceeding.
Less than a year later, the dumping operation was resumed
after a meeting among the City Government of Caloocan. The CONGRESS was not straight jacketed to one particular
LLDA then issued another order reiterating the CEASE AND mechanism of initiating recall elections and was given the
DESIST ORDER previously issued. The City Government filed POWER TO CHOOSE the effective mechanism of recall AT
with the RTC DECLARATION OF NULLITY of the CEASE ITS DISCERNMENT. It is the LEGISLATIVE that determines
AND DESIST ORDER. the necessity, adequacy, wisdom and expediency of law.
Issue: Which agency can lawfully exercise jurisdiction over Principal Guidelines given to CONGRESS for structuring
the matter? LOCAL GOVERNMENT UNITS:
Held: The Supreme Court denied to the municipalities around (1) The structure must be RESPONSIVE and ACCOUNTABLE
Laguna Lake and here, the City Government of Caloocan, the
power to authorize the construction or dismantling of (2) It must be instituted through a SYSTEM OF
fishpens, fish enclosures, and the like (in this case a garbage DECENTRALIZATION
dumpsite) in Laguna Lake. The COURT ruled that the
SPECIFIC POWER of the LLDA must prevail over the
GENERAL POWER of LOCAL GOVERNMENTS. Section 26. The State shall guarantee equal
access to opportunities for public service
The issuance of the CEASE AND DESIST ORDER by the and prohibit political dynasties as may be
LLDA is a proper exercise of its power and authority under
its charter and amendatory laws. This charter of LLDA, R.A.
defined by law.
4850 have provided the power to institute necessary legal
proceeding against any person who shall commence to *The establishment of political dynasties is an effective way
implement or continue implementation of any project, plan or of MONOPILIZING and PERPETUATING power. BUT the
program WITHIN THE LAGUNA DE BAY REGION without argument that the ELECTORATE should be LEFT FREE TO
previous clearance from the LLDA. In addition, E.O. 927 DECIDE is not without VALIDITY.
series of 1983 confers on the LLDA the power to make, alter
or modify orders requiring the discontinuance of pollution.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 8
*The meaning of POLITICAL DYNASTIES has been left for makes the president immune from LEGAL ACTION
CONGRESS to define:
but at the same time REMOVABLE in extreme cases
DEAN BAU: POLITICAL DYNASTIES still has no definition
to date. The question is are the principles CORRECT and e.g. In re Gonzales-the suggestion that a Supreme Court
can they be IMPLEMENTED? justice may be subjected to disbarment proceedings was
dismissed by THE COURT: A public officer...who may be
A. Pamatong v. Comelec article is not self-executing removed from office only by impeachment, cannot be
charged with disbarment during the incumbency of such
Facts: PETITIONER Rev. Ely Pamatong filed his Certificate of public officer.
Candidacy. The COMELEC refused to give due course to the
PETITIONERS Certificate of Candidacy. PETITIONER sought The object of the process is NOT TO PUNISH but ONLY TO
to reverse the resolutions which were allegedly rendered in REMOVE a person from office
violation of his right to equal access to opportunities for
public service under Sec. 26, Art. II. REMOVAL and DISQUALIFICATION are the only
punishments that can be imposed upon conviction on
Issue: Whether denial of PETITIONER to run for the impeachment. CRIMINAL and CIVIL LIABILITY can follow
presidency violative of his right to equal access to AFTER the officer has been removed by IMPEACHMENT.
opportunities for public service under Sec. 26, Art. II.
Art. XI Sec. 4. The present ANTI-GRAFT COURT known as
Held: No. The provision is not intended to compel the state to the SANDIGANBAYAN shall continue to function and exercise
enact positive measures that would accommodate AS MANY its jurisdiction as now or hereafter may be provided by law.
PEOPLE AS POSSIBLE into public office.
*The SANDIGANBAYAN-shall have the jurisdiction over
There is no CONSTITUTIONAL RIGHT to run for or hold CRIMINAL and CIVIL cases involving GRAFT and CORRUPT
public office. What is recognized is merely a privilege subject practices.
to LIMITATIONS imposed by law. Some valid limitations
specifically on the privilege to seek elective office are found Art. XI Sec. 15. The RIGHT OF THE STATE to RECOVER
in the provisions of the OMNIBUS ELECTION CODE on PROPERTIES unlawfully acquired by PUBLIC OFFICIALS of
NUISANCE CANDIDATES and COMELEC Resolution No. EMPLOYEES, from them or from their nominees or
6452, wherein the COMELEC may motu proprio refuse to transferees, shall not be barred by PRESCRIPTION, LACHES,
give due course to or cancel a Certificate of Candidacy. OR ESTOPPEL.
Section 27. The State shall maintain honesty PRESCRIPTION-A method of acquiring or extinguishing
rights through the inaction of the legal owner
and integrity in the public service and take
positive and effective measures against graft LACHES-A legal doctrine whereby those who take too long to
and corruption. assert a legal right, lose their entitlement to a right or
compensation.
*NOTE: Article XI ESTOPPEL-A bar preventing one from making an allegation
or a denial that contradicts what one has previously stated as
Art. XI Sec. 1. PUBLIC OFFICE is a PUBLIC TRUST. Public the truth.
officers and employees must at all times be ACCOUNTABLE
to the people, serve them with utmost RESPONSIBILITY, R.A. 1379 Sec. 11: The laws concerning acquisitive
INTEGRITY, LOYALTY, AND EFFICIENCY, act with prescription and limitation of actions CANNOT BE INVOKED
PATRIOTISM and JUSTICE, and lead MODEST lives. by, nor shall they benefit the RESPONDENT in respect of any
property UNLAWFULLY ACQUIRED by him.
The provisions of Art. XI are designed to exact
ACCOUNTABILITY from public officers Art. XI Sec. 16. No LOAN, GUARANTY, or other form of
FINANCIAL ACCOMMODATION for any business purpose
Art. XI Sec. 2. The PRESIDENT, THE VICE-PRESIDENT, may be granted, DIRECTLY or INDIRECTLY, by any
THE MEMBERS OF THE SUPREME COURT, THE MEMBERS GOVERNMENT-OWNED or CONTROLLED bank or financial
OF THE CONSTITUTIONAL COMMISSIONS, AND THE institution to the PRESIDENT, THE VICE-PRESIDENT, THE
OMBUDSMAN may be removed from office, ON MEMBERS OF THE CABINET, THE CONGRESS, THE
IMPEACHMENT for, and CONVICTION OF, CULPABLE SUPREME COURT, AND THE CONSTITUTIONAL
VIOLATION OF THE CONSTITUTION, TREASON, BRIBERY, COMMISSIONS, THE OMBUDSMAN, or to any firm or entity
GRAFT and CORRUPTION, OTHER HIGH CRIMES, or in which they have controlling interest, during their tenure.
BETRAYAL OF PUBLIC TRUST. All other public officers and
employees may be removed from office as provided by law, Includes only those of HIGH RANK
but NOT BY IMPEACHMENT.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 9
citizen, subject to such LIMITATIONS as may be provided by
law.
Issue: Whether the press, and for that matter, the public had
a CONSTITUTIONAL RIGHT to demand the examination of
PUBLIC LAND records.
Constitutional Law I | Article II: Declaration of Principles and State Policies | KSantos. 10