General Provisions and Amendments and Revisions

7/31/2019 General Provisions and Amendments and Revisions

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Article XVI

GENERAL PROVISIONS


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I. Republic of the Philippines

FLAG (Sec. 1)

- red, white and blue

- sun and 3 stars

- as consecrated and honored by the people and recognized

by law

Name, national anthem and national seal (Sec. 2)

- Congress may change

- but subject to ratification by the people

- shall all be truly reflective and symbolic of the ideals, history

and traditions of the people

State may not be sued without its consent (Sec. 3)

Article XVI - GENERAL PROVISIONS


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II. State may not be sued without its consent (Sec. 3)

no legal right as against the authority that makes the law on which

the right depends (Holmes)

- loss of government efficiency

- obstacle to performance of government functions

Suit is against the State when:

the Republic is sued by name

case is against an unincorporated government agencycase on its face against a government official but ultimate

liability belongs to the government

suability depends on whether State has consented to be sued



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Consent to be sued is given expressly or impliedly

- expressly when there is a law expressly granting authority to sue- implied consent when:

State enters into a private contract unless contract isincidental to performance of a governmental function

State enters into a business operation unless businessoperation is incidental to performance of a governmentalfunction

State sues a private party unless suit is entered into only toresist a claim

Governments consent to be sued does not mean it concedes liability(*Philrock v. BOL)

Public official can be sued for acts committed in bad faith or wherehe is being sued in this personal capacity (*Lansang v. CA)

Immunity found in Section 3 also applies to foreign States butexceptions apply as well (*US v. Guinto)



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III. Armed Forces of the Philippines

Composition (Sec. 4)

- regular force

- citizen armed force

Prohibitions

- Engage directly or indirectly in any partisan political activity, except

to vote (Sec. 5)

- be appointed or designated to a civilian position in the Government

including GOCCs

- laws on retirement cannot allow extension of their service

- tour of duty of Chief of Staff not to exceed 3 years unless in times

of war or other national emergency as declared by Congress

- Chief of Staff may be allowed to finish tour of duty beyond

compulsory retirement date



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General policy initiatives

- take an oath or affirmation to uphold and defend the

Constitution

- strengthen the patriotic spirit and nationalist consciousness ofthe military and respect for peoples rights in the

performance of their duty

- Professionalism

- adequate remuneration and benefits

- insulation from partisan politics- proportional recruitment from all provinces and cities as

far as practicable (Sec. 5)



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V. Communication

General Policies

- structures suitable to the needs and aspirations of the

nation

- balanced flow of information into, out of, and across the

country in accordance with a policy that respects

freedom of speech and of the press

Mass Media (Sec. 11)

- ownership limited to Filipino citizens or entities wholly-owned and managed by such citizens

- Congress to regulate or prohibit monopolies



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Advertising Industry (Sec. 11)

- impressed with public interest and regulated by law for

protection of consumers and promotion of general welfare

- ownership limited to Filipino citizens or entities 70% of capital is

owned by Filipinos

- 5 years from ratification of Constitution to comply (Art. XVIII,

Sec. 23)

- participation of foreign investors in governing body limited toproportionate share in its capital

- executive and managing officers must be Filipinos



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Article XVII

AMENDMENTS OF REVISONS


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I. General Terms

Constituent Power/Legislative Power

What

Whom

Participation of President

Amendments/Revisions

alteration/re-examination

plenary power except if it goes against a norm accepted in

international law (Jus Cogens)

*Planas v. Comelec

Steps in amending or revising the constitution

Proposal

Submission

Ratification

Article XVII - AMENDMENTS OR REVISIONS


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II. Proposal

Congress upon a vote of 3/4 of all its members

- Acting as a constituent assembly

- Amendments or Revisions

- Voting jointly or separately?

Constitutional Convention

- may be called by Congress upon a 2/3 vote of all its members

- submit to the electorate the question of calling a convention upon a

majority vote of all its members

- Amendments or Revisions

Congress acting as an ordinary legislative body may supply

details for convention (*Imbong v. Comelec)

No piece meal ratification (*Tolentino v. Comelec)



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Direct proposal by the people- petition of at least 12% of total number registered voters of which

every district must be represented by at least 3%

- Amendments only

- Can only be exercised once every 5 years- Congress shall provide for implementation of right

RA 6735 or the Initiative and Referendum Law does not apply

to constitutional amendments (*Defensor v. Comelec)

III. Submission

Through a plebiscite called by:

Congress as a constituent assembly

Constitutional Convention

Congress as an ordinary legislative body



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IV. Ratification

In Con Ass or Con Com, ratification by a majority of the votes cast in

a plebiscite held not earlier than 60 days nor later than 90 days afterthe approval of such amendment or revision

In Direct proposal, ratification by a majority of the votes cast in a

plebiscite held not earlier than 60 days nor later than 90 days after

the certification by the Comelec of the sufficiency of the petition



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Article XVIII

TRANSITORY PROVISIONS


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I. Elections

Date

- national

- local

II. Laws

Statutes, PDs, EOs, Procs, LOIs

- operative until amended, repealed or revoked (Sec. 3)

Treaties and International Agreements

- not reviewed or extended without concurrence of 2/3 of Senate

(Sec. 4)

- foreign military bases, troops or facilities need a treaty (Sec.

25)

*Bayan v. Executive Secretary

Article XVIII - TRANSITORY PROVISIONS


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III. Courts

Status Quo

- continue to exercise jurisdiction

- Rules of Court remain operative

- incumbent members remain until 70, incapacitated or

removed for cause

Back Log

- systematic plan to expedite

- legal effect of lapse of period for cases filed before

ratification of the 1987 Constitution

- paragraphs 3 and 4, Section 15 of Article VIII apply

(certification and penalties)



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IV. Constitutional Commissions

Extension of one year unless removed for cause, incapacitated or

appointed to a new term

Term not to extend beyond 7 years

V. Civil Service

reorganization

Reorganization is always allowed provided it is done in good

faith (*Dario v. Mison)

appropriate separation pay and retirement benefits

considered for employment

VI. Salaries

Top officials (Sec. 17)

Other officials (Sec. 18)



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VII. Lands

Illegally acquired (Sec. 21)

- violation of Constitution, public land laws or through corruptpractices

- adequate remedies for reversion

- no transfer until after 1 year from ratification

Idle or abandoned agricultural lands (Sec. 22)

- expropriate for distribution under agrarian reform program



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VIII. Ill-gotten Wealth(Sec. 26)

Issuance of sequestration or freeze orders by PCGG operative for 18

months more

- difference with search warrantadministrative authority

prima facie case not probable cause

- power over sequestered property is administrative power

(*Republic v. Sandiganbayan)

Issued only upon showing ofprima faciecase

Judicial action or proceeding must be commenced within 6 months

from ratification or filing



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IX. Other Matters

Private Armies (Sec. 24)

CHDF

dismantled or absorbed

Metropolitan Authority (Sec. 8)

President to constitute until Congress provides otherwise

Sub-provinces (Sec. 9)

continue to operate until converted into regular province or

component municipalities are reverted to another province

X. Effectivity of Constitution

February 2, 1987


General Provisions and Amendments and Revisions

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