Section 1.

Territorial and Political Subdivisions of the Philippines

The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities,
municipalities, and barangays. There shall be autonomous regions in (1) Muslim Mindanao and (2) the
Cordilleras as hereinafter provided.

Local Government
A political subdivision of a nation or state which is constituted by law and has substantial control of local
affairs.

Q: What is the constitutional significance of Section 1?

A: The constitutional significance of Section 1 is that provinces, cities, and municipalities and barangays
have been fixed as the standard territorial and political subdivisions of the Philippines. This manner of
subdividing the Philippines cannot go out of existence except by a constitutional amendment.

Q: How many autonomous regions are allowed by the Constitution?

A: Only two. Should a third one be desired, a constitutional amendment is needed.

Q: Why did the Constitutional Commission retain the word barangay in spite of its links with the
previous regime?
A: For three reasons: (1) it has a historical significance in Asia; (2) existing laws use the term; (3) there
are continuing references to it in public discussions. As Section 3 says, the Local Government Code must
be characterized by decentralization.

Section 2. Local Autonomy

The territorial and political subdivisions shall enjoy local autonomy.

Q: What is the significance of this declaration of local autonomy?

A: It is meant to free local governments from the well-nigh absolute control by the legislature which
characterized local government under the 1935 Constitution. Thus, although a distinction is made
between local governments in general and autonomous regions, even those outside the autonomous
regions are supposed to enjoy autonomy.

Q: Are autonomy and decentralization the same?

A: NO. Autonomy is either:
a. Decentralization of administration
● no valid constitutional challenge
● delegation of administrative powers to broaden the base of governmental power.

There is the decentralization of administration when the central government delegates

administrative powers to political subdivisions in order to broaden the base of government power and in
the process to make local governments more responsive and accountable, and ensure their fullest
development as self-reliant communities and make them more effective partners in the pursuit of national
development and social progress.

b. Decentralization of power
● abdication by the national government of political power in favor of the local government

Decentralization of power, on the other hand, involves an abdication of political power in favor
of local government units declared to be autonomous.

Autonomy vs Decentralization
Autonomy is the state of being relatively free from extrinsic powers. “Decentralization” is the broad
distribution of intrinsic power.
Q: What does local autonomy entail?
● Congress retains control over the LGUs although significantly reduced under the Constitution. The
national legislature is still the principal of LGUs which cannot defy its will or modify or violate it.
● Any form of autonomy granted to local governments will necessarily be limited and confined within the
extent allowed by the central authority.

Q: Local autonomy is subject to:

● Power of control by Congress and
● General supervision by the President

Q: May COA reduce the allowance given to judges by local governments?

A: No. Since the Local Government Code authorizes local governments to give allowance to judges and
decide how much this should be, local autonomy prohibits the Commission on Audit from interfering with
the authority of the local government by reducing what has been decided by the local government.

Section 3. Local Government Code

The Congress shall enact a local government code which shall (1) provide for a more responsive and
accountable local government structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, (2) allocate among the different local government units
their powers, responsibilities, and resources, and (3) provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions and duties of local officials, and all other matters
relating to the organization and operation of the local units.

Q: What is the present form of local government?

A: The present form consists of an executive distinct from the legislative body. This is different from the
form of government under the old Metro Manila Commission where a Commission exercised both
legislative and executive powers.

Q: What is the present state of the law on “initiative” and “recall?”

The 1991 Local Government Code now provides for "initiative and referendum" on the local level which
it defines as "the legal process whereby the registered voters of a local government unit may directly
propose, enact, or amend any ordinance."

The current law on "recall" is now found also in the Local Government Code of 1991. Section 70 of the
1991 Local Government Code authorized provinces, cities, legislative districts and municipalities to have
a "preparatory recall assembly" authorized to initiate the recall of an elective official. The contention of
Governor Enrique Garcia was that "the right to recall does not extend merely to the prerogative of the
electorate to reconfirm or withdraw their confidence on the official sought to be recalled at a special
election. Such prerogative necessarily includes the sole and exclusive right to decide on whether to
initiate a recall proceeding or not.”

Initiative vs Referendum vs Recall

Initiative is the power of the people to propose amendments to the Constitution or to propose and enact
legislation through an election called for the purpose.
Referendum is the power of the electorate to approve or reject the legislation through an election called
for the purpose.
Recall allows people to remove public officials from office.

Section 4. Supervision by the President

The President of the Philippines shall exercise general supervision over local governments. Provinces
with respect to component cities and municipalities, and cities and municipalities with respect to
component barangays shall ensure that the acts of their component units are within the scope of their
prescribed powers and functions.
Power of Control The power of an officer to alter or modify or nullify or set aside what a subordinate
officer had done in the performance of his duties and to substitute the judgment of the former for that of
the latter. (Mondano v. Silvosa, G.R. No. L-7708, May 30, 1955)
Power of Supervision
Overseeing or the power or authority of an officer to see that subordinate officers perform their duties in
accordance with the law. If the latter fail or neglect to fulfill them the former may take such action or step
as prescribed by law to make them perform their duties. (Mondano v. Silvosa, G.R. No. L-7708, May 30,
1955)

Q: What is the supervisory structure in the local government system?

A: The President has general supervision over all local government units. But his direct supervisory
contact is with autonomous regions, provinces, and independent cities. The rest follow in hierarchical
order as indicated in Section 4.

Q: Enumerate the Scope of President’s supervisory powers:

● President can only interfere in the affairs and activities of a local government unit if he finds that the
latter had acted contrary to law;
● Cannot interfere in local affairs as long as the concerned local government unit acts within the
parameters of the law and the Constitution;
● Otherwise, it violates the principle of local autonomy and the doctrine of separation of powers.
● Liga ng mga Barangay is not subject to the control by the Chief Executive or his alter ego.

Section 5. Taxation Power of Local Government

Each local government unit shall have the power to create its own sources of revenues and to levy taxes,
fees, and charges subject to such guidelines and limitations as the Congress may provide, consistent
with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the
local governments.

Q. It is contended that the exemption of PAGCOR from tax violates the right of local governments
to create its own source of revenue. Comment.
A. "The power of local government to 'impose taxes and fees' is always subject to limitations' which
Congress may provide by law." PAGCOR is exempted by PD 1869 which is still extant.

Q. How are statutory provisions on fiscal powers of local governments interpreted?

A. The power of local governments to tax is liberally interpreted in its favor against the state, but it is
strictly construed against the local government in favor of the taxpayer.

Q. May the power of local government to raise revenues be limited by administrative order?
A. No. Under Section 5, Article X of the 1987 Constitution, only guidelines and limitations that may be
established by Congress can define and limit such power of local governments.
Note: The power to tax of local governments may not be negated by executive order through a grant of
exemption absent a statute granting such exemption.

Section 6. Share in National Taxes

Local government units shall have a just share, as determined by law, in the national taxes which shall be
automatically released to them.

Q: May Congress impose conditions on the release of the share of local government?
A: No. This provision mandates that: Requisites:
(1) the LGUs shall have a “just share” in the national taxes
(2) the “just share” shall be determined by law
(3) the “just share” shall be automatically released to the LGUs

“just share” refers to the proportion of national taxes that local government units (LGUs) are entitled to
receive from the national government.
Section 7. Equitable Share in the National Wealth
Local governments shall be entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their respective areas, in the manner provided by law, including
sharing the same with the inhabitants by way of direct benefits.

Q: What are the funding sources of local governments?

A: They are: (1) local taxes, fees, and charges, (2) its share in the national taxes; (3) its share in the
proceeds of the utilization of natural resources within their respective areas; (4) other "sources of
revenues" which they may legitimately make use of either in their public or governmental capacity, or
private or proprietary capacity.

Q: What is the scope of their power to levy taxes, fees, and charges?
A: They are subject to such guidelines and limitations as Congress may provide. However, such
guidelines and limitations to be imposed by Congress must not be such as to frustrate the "basic policy of
local autonomy."

Q: What is the share of the national government in such taxes, fees, and charges?
A: None

Q: In what way can local governments share in the fruits of the utilization of local natural
resources?
A: Local governments can either have shares from revenues accruing through fees and charges or they
can receive direct benefits such as lower rates, eg, for consumption of electricity generated within their
locality.

Section 8. Term of Local Officials

The term of office of elective local officials, except barangay officials, which shall be determined by law,
shall be three years and no such official shall serve for more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.

ENUMERATION:
Local Election - Every 3 years, 2nd Monday of May

Term of Office
● 3 years starting from noon of June 30, 1992 OR such date as may be provided by law
● Except that of barangay official
● No elective local official shall serve for more than 3 consecutive terms in the same position
● The 3-term limit on a local official is to be understood to refer to terms for which the official concerned
was elected.
● He must have been elected to the same position for the same number of times before the
disqualification can apply.

● Prohibited election refers to the next regular election for the same office following the end of the third
consecutive term.
Any subsequent election, like a recall election, is no longer covered by the prohibition:
1. Subsequent election like a recall election is no longer an immediate re-election after three
consecutive terms
2. The intervening period constitutes an involuntary interruption in the continuity of service.

● Term of barangay officials and members of the sangguniang kabataan - 5 years

To apply the disqualification, two conditions must concur: 3-term limit apply:
1. The official must have been elected to the same position for three consecutive terms.
2. The official must have fully served these three terms.
Interruption of Term:
Voluntary renunciation of office does not constitute an interruption in service.
Involuntary renunciation, such as succession by operation of law, disrupts the continuity of service. This
interruption removes the disqualification arising from the three-term limit.

Voluntary vs Involuntary Renunciation

Voluntary renunciation occurs when an elected official willingly gives up their office before completing
their term.
Involuntary renunciation occurs when an official is compelled to leave their position due to circumstances
beyond their control.

Section 9. Sectoral Representatives

Legislative bodies of local governments shall have sectoral representation as may be prescribed by law.

Q: Who appoints and Who prescribes the qualifications?

A: The President

Q: May the President make appointments even before Congress passes the law?
A: Yes. “as may be prescribed by law” is not prospective. Hence, it can refer to law already existing at the
time the Constitution was enacted or to future laws.

Section 10. Creation, Abolition, Change of Boundaries

General Rule: No province, city, municipality, or barangay may be created, divided, merged, abolished, or
its boundary substantially altered, Exception: except in accordance with the criteria established in the
Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.

Q: What feature in Section 10 contributes to local autonomy?

A: Principally, the requirement of approval by a majority of the votes cast in a plebiscite in the political
units is directly affected.

DEFINE AND EXPLAIN.

1. Municipal Corporation
Elements:
● Legal creation or incorporation - law creating or authorizing the creation or incorporation of a municipal
corporation.
● Corporate name
a. Sanggunian Panlalawigan may change the name of component cities or municipalities:
● consultation with Philippine Historical Institute
● effective upon ratification in a plebiscite
● Inhabitants - People residing in the territory.
● Territory
a. Land mass where the inhabitants reside
b. Together with external and internal waters and the airspace above.

Dual Nature and Functions

● Exercise powers as a political subdivision of the National Government and
● As a corporate entity representing the inhabitants of the territory.
● Public or Governmental – acts as agents of the State, for the government of the territory and the
inhabitants.
● Private or Proprietary – acts as agents of the community in the administration of local affairs. Acts as
a separate entity for its own purposes and not as a subdivision of the state.

Roles of Municipal Corporations in the Philippines

The territorial and political subdivisions of the Philippines are the province, cities, municipalities and
barangays. There shall be Autonomous Regions in Muslim Mindanao and the Cordilleras.
a. Provinces
● Cluster of municipalities or municipalities and component cities.
● Dynamic mechanism for developmental processes and effective governance of LGUs within its
territorial jurisdiction.

b. City
● More urbanized and developed barangays
● General purpose government for the coordination and delivery of basic, regular and direct services.
● Effective governance of the inhabitants within its jurisdiction.

c. Municipality
● Group of barangays
● General purpose government for the coordination and delivery of basic, regular and direct services.
● Effective governance of the inhabitant within its jurisdiction.

d. Barangay
● Basic political unit
● Primary planning and implementing unit of government policies, plans, programs, projects and
activitiesin the community.
● Forum where collective views of the people may be expressed.
● Where disputes may be amicably settled.

Creation & Dissolution of Municipal Corporations

● LGU may be created, divided, merged, abolished or its boundaries substantially altered either by:
a. law enacted by Congress – provinces, city, municipality or any other political subdivision
b. ordinance passed by Sangguniang Panlalawigan or Sangguniang Panlungsod –barangay

➔ Requisites/Limitation on Creation or Conversion

● General Rule: No province, city, municipality or barangay may be created, divided, merged, abolished
or its boundary substantially altered,
Exception:
a. in accordance with criteria established in the LGC
b. subject to approval by a majority of the votes cast in a plebiscite in the political units directly
affected.
● Plebiscite Requirement: conducted by the COMELEC within 120 days from the date of effectivity of the
law or ordinance effecting such action, unless said law or ordinance fixes another date.
● Plebiscite for creating a new province should include the participation of the residents of the mother
province in order to conform to the constitutional requirement.
● Where the law authorizing the holding of a plebiscite is unconstitutional, the Court cannot authorize the
holding of a new one.
● Other constitutional limitations: Bill of Rights
● Section 7, RA 7160 – verifiable indicators of viability and projected capacity to provide services:
1. Income
a. Sufficient, based on acceptable standards
b. To provide for all essential government facilities and services and special functions
c. Commensurate with the size of its population
d. Average annual income for the last 2 consecutive years based on 1991 constant prices:
i. Municipality: 2,500,000
ii. City: 100,000,000
iii. Highly Urbanized City: 50,000,000
iv. Province: 20,000,000
e. Internal Revenue Allotment should be included in the computation of the average annual
income of the municipality (for purposes of determining whether the municipality may be validly converted
into a city).
 f. For conversion to cities, the municipality’s income should not include the IRA.

2. Population
a. Total number of inhabitants within the territorial jurisdiction of the LGU concerned.
b. Required minimum population:
i. Barangay: 2,000 inhabitants; except in Metro Manila and other metropolitan political
subdivisions or in highly urbanized cities where the requirement is 5,000 inhabitants
ii. Municipality: 25,000
iii. City: 150,000
iv. Highly Urbanized City: 200,000
v. Province: 250,000

3. Land Area
a. Contiguous, unless it comprises 2 or more islands or is separated by a LGU independent of the others
b. Properly identified by metes and bounds with technical descriptions
c. Sufficient to provide for such basic services and facilities to meet the requirements of its populace.
d. Area Requirements:
i. Municipality: 50 sq. kms.
ii. City: 100 sq. kms.
iii. Province: 2,000 sq. kms.
e. Compliance with the foregoing indicators shall be attested to by the Department of Finance, the
National Statistics Office and the Lands Management Bureau of the Department of Environment and
Natural Resources.
f. Requirement that the territory of the newly-created local government units be identified by metes and
bounds is intended to provide the means by which the area of the local government unit may be
reasonably ascertained.
g. Territorial jurisdiction of the newly created city may be reasonably ascertained – by referring to
common boundaries with neighboring municipalities – then the legislative intent has been sufficiently
served.

➔ Beginning of Corporate Existence

● Election and qualification of its Chief Executive and a majority of the members of its sanggunian.
● Unless some other time is fixed therefore by the law or ordinance creating it.

➔ Division and Merger, Abolition of LGUs

● Division and Merger
○ Comply with same requirements, provided that such division shall not reduce the income, population or
land area of the local government unit/s concerned to less than the minimum requirements prescribed
○ Provided, further, that the income classification of the original local government unit/s shall notfall below
its current income classification prior to the division.

● Abolition
○ LGU may be abolished when its income, population or land area has been irreversibly reduced to less
than the minimum standards.
○ Law or ordinance abolishing a LGU shall specify the province, city, municipality or barangay with which
the local government unit sought to be abolished will be incorporated or merged.

➔ De Facto Municipal Corporation

Requisites:
1. Valid law authorizing incorporation;
2. Attempt in good faith to organize under it;
3. Colorable compliance with the law; and
4. Assumption of corporate powers - Not de facto municipal corporations, because there was no law
authorizing incorporation.
Section 11. Metropolitan Political Subdivisions
The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as
set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy
and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the
metropolitan authority that will hereby be created shall be limited to basic services requiring coordination.

Q: Define Special Metropolitan Political Subdivision

● Congress may by law create special metropolitan political subdivisions subject to a plebiscite.
● The component cities and municipalities shall retain their basic autonomy
● Entitled to their own local executives and legislative assemblies
● Jurisdiction of the metropolitan authority shall be limited to basic services requiring coordination.

Q: Does Section 11 preserve the present Metro Manila Commission?

A: No. This provision is not intended to preserve the Metropolitan Manila Commission but is an attempt to
preserve part of it as a supra-municipal authority with limited jurisdiction thereby saving the National
Capital Region from relegation to a constitutional limbo. The provision also authorizes the creation of
similar authorities in other metro-political regions. The area of jurisdiction would not be the totality of
municipal
government but only basic services.

Q: What is the status of the Metropolitan Manila Development Authority?

A: Metropolitan or Metro Manila is a body composed of several local government units - ie., twelve (12)
cities and five (5) municipalities, namely, the cities of Caloocan, Manila, Mandaluyong, Makati, Pasay,
Pasig, Quezon, Muntinlupa, Las Piñas, Marikina, Parañaque and Valenzuela, and the municipalities of
Malabon, Navotas, Pateros, San Juan and Taguig. With the passage of Republic Act (R.A.)No 7924 in
1995, Metropolitan Manila was declared as a "special development and administrative region" and the
Administration of "metro-wide" basic services affecting the region placed under "a development authority"
referred to as the MMDA.

“Metro-wide services" are those "services which have metro-wide impact and transcend local political
boundaries or entail huge expenditures such that it would not be viable for said services to be provided by
the individual local government comprising Metro Manila."
There are seven (7) basic metro-wide services and the scope of these services cover the blowing
(1) development planning;
(2) transport and traffic management;
(3) solid waste disposal and management;
(4) food control and sewerage management;
(5) urban renewal, ing and land use planning, and shelter services;
(6) health and sanitation, urban protection and pollution control; and
(7) public safety.

Section 12. Highly Urbanized Cities, Component Cities

Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their
voters from voting for provincial elective officials, shall be independent of the province. The voters of
component cities within a province, whose charters contain no such prohibition, shall not be deprived of
their right to vote for elective provincial officials.

Kinds of cities:
1. Highly urbanized cities as determined by law;
2. Cities not raised to the highly urbanized category but whose existing charters prohibit their voters from
voting in provincial elections; and
3. Component cities, which are under a province in some way.

Section 13. Local Government Units Grouping Themselves

Local government units may group themselves, consolidate or coordinate their efforts, services, and
resources for purposes commonly beneficial to them in accordance with law.
Section 14. Regional Development Councils and Other Similar Bodies
The President shall provide for regional development councils or other similar bodies composed of
local government officials, regional heads of departments and other government offices, and
representatives from non-governmental organizations within the regions for purposes of administrative
decentralization to strengthen the autonomy of the units therein and to accelerate the economic and
social growth and development of the units in the region.

Q: What is the purpose of Section 14?

A: Its purpose is to foster administrative decentralization as a complement to political decentralization in
order to make possible bottom-to-top planning.

AUTONOMOUS REGIONS

Sec. 15 Purpose, and how many Autonomous Regions

There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of
provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant characteristics within the framework
of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the
Philippines.

Q: What is the reason behind the creation of autonomous regions?

(1) A major purpose of the creation of autonomous regions Is the creation of a situation that will allow
each culture to flourish unhampered by the dominance of other cultures and thereby to contribute more
effectively to national progress.
(2) Another purpose of the creation of autonomous Regions is to furnish a possible solution to the
regional conflicts that have arisen partly from cultural diversity.

Q: What is the meaning of "Muslim Mindanao?"

A: The phrase is a short-hand expression to designate those areas of Mindanao which are predominantly
Muslim. The phrase is not meant to characterize all of Mindanao as Muslim

Q: Is an autonomous region an independent nation within the nation?

A: No. An autonomous region is organized "within the framework of this Constitution and the national
sovereignty."

Section 16. General Supervision of the President

The President shall exercise general supervision over autonomous regions to ensure that the laws are
faithfully executed.

Q: What authority does the President have over autonomous regions?

A: He exercises general supervision.

Power of Supervision
the power or authority of an officer to see that subordinate officers perform their duties in accordance with
the law.

Section 17. Powers Not Vested to the ARMM

All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous
regions shall be vested in the National Government.

Powers which are not given to autonomous regions:

a. National defense and security; b. Foreign relations and foreign trade; c. Customs and tariff; d.
Quarantine;
e. Currency; f. Monetary affairs; g. Foreign exchange; h. Banking and quasi-banking; i. External
Borrowing; j. Posts and communications; k. Air and sea transport; l. Immigration and deportation; m.
Citizenship and naturalization; and n. General auditing
Sections 18. Organic Act for Autonomous Regions
The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representatives appointed by the
President from a list of nominees from multisectoral bodies. The organic act shall (1) define the basic
structure of government for the region consisting of the executive department and legislative assembly,
both of which shall be elective and representative of the constituent political units. The organic acts shall
likewise (2) provide for special courts with personal, family, and property law jurisdiction consistent with
the provisions of this Constitution and national laws.
The creation of the autonomous region shall be effective when approved by majority of the votes cast by
the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and
geographic areas voting favorably in such plebiscite shall be included in the autonomous region.

Plebiscite - the direct vote of all the members of an electorate on an important public question.

Q: What law will be the charter of the autonomous regions?

A: Their charter will be the Organic Act which will be passed by Congress in the manner and according to
the substantive specifications contained in Section 18.

Q: When does the creation of an autonomous region become effective?

A: It becomes effective when approved by a majority of the votes cast by the constituent units in a
plebiscite held for the purpose.

Q: Which constituent units become part of the autonomous region?

A: Only the provinces, cities, and geographic areas which vote favorably. This means that it is possible
for a cluster of municipalities or barangays within one province to belong to an autonomous region while
the others might not.

Q: Can constituent units which vote negatively in the first plebiscite under this Constitution join
the autonomous region at some future time?
A: Yes. It is submitted that they may through a subsequent plebiscite. The language of the last paragraph
of Section 18 does not put a time limit and the evident intent of the Constitution is to honor the free choice
of constituent units.

Sections 19. Organic Act for Autonomous Regions

The first Congress elected under this Constitution shall, within eighteen months from the time of
organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and
the Cordilleras.

Q: If the first Congress fails to pass the Organic Act within eighteen months, will it no longer be
able to pass such Act later?
A: The failure of Congress to act cannot be allowed to frustrate the clear intent of the electorate. The
relatively short period is prescribed in order to emphasize the urgency of creating autonomous regions as
a means towards solving existing serious peace and order problems and foreclosing secessionist
movements.

Section 20. Legislative Powers of the Autonomous Regions

Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the
organic act of autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of the people
of the region.

Section 21. Preservation of Peace and Order

The preservation of peace and order within the regions shall be the responsibility of the local police
agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable
laws. The defense and security of the regions shall be the responsibility of the National Government.

Q: Are autonomous regions beyond the range of the Commander in-Chief powers of the
President?
A: No, because the autonomous regions are still part of one Republic.

Article XI. Accountability of Public Officers

Section 1. Public Office
Public office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.

What is meant by “Public Office as a Public Trust?”

● The basic idea of government in the Philippines “is that of a representative government. The officers
being mere agents and not rulers of the people, one where no one man or set of men has a proprietary or
contractual right to an office, but where every officers accepts office pursuant to the provisions of law and
hold the office as a trust for the people whom he represents.”

What does the command to lead modest lives entail?

● The point of the command is that, even if the public officer is independently wealthy, he should not live
in a manner that flaunts his wealth.

What are the Duties of Public Officials and Employees?

(a) Act promptly on letters and requests.
(b) Submit annual performance reports
(c) Process documents and papers expeditiously.
(d) Act immediately on the public's personal transactions.
(e) Make documents accessible to the public.

What is the purpose of the System of Incentives and Rewards?

● A system of annual incentives and rewards is hereby established in order to motivate and inspire public
servants to uphold the highest standards of ethics.

Who evaluate/review the performance of the public officials and employees?

The Committee on Awards to Outstanding Public Officials and Employees composed of the
(i) Ombudsman and Chairman of the Civil Service Commission as Co-Chairmen, and the
(ii) Chairman of the Commission on Audit, and
(iii) two (2) government employees to be appointed by the President, as members.

Section 2. Officers Subject to Removal by Impeachment

The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees may be removed from office as provided
by law, but not by impeachment.
What does “betrayal of public trust” mean?
● It means any form of violation of the oath of office even if such violation may not be criminally
punishable offense

Section 3. Procedure for Impeachment

(1) The House of Representatives shall have the exclusive power to initiate all cases of impeachment.

(2) A verified complaint for impeachment may be filed by any Member of the House of Representatives or
by any citizen upon a resolution of endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper Committee within three session
days thereafter. The Committee, after hearing, and by a majority vote of all its Members, shall submit its
report to the House within sixty session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by the House within ten session days
from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be necessary either to affirm a
favorable resolution with the Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by at least one-third of all the
Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate
shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same official more than once within a
period of one year.
(6) The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on
trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than removal from office and
disqualification to hold any office under the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this
section.

What is Impeachment?
Impeachment – a national inquest into the conduct of public men (jurisprudence)

What is the purpose of impeachment?

The purpose of impeachment is not to punish but only to remove an officer who does not deserve to hold
office.

When is Impeachment Initiated?

● The Supreme Court then said that the impeachment case is deemed initiated when the complaint (with
the accompanying resolution of indorsement) has been filed with the House of Representatives and
referred to the Committee on Justice for action.

What is the limitation on initiation of Impeachment case?

● No impeachment proceedings shall be initiated against the same official more than once within a period
of one year.

What penalty may be imposed upon conviction on impeachment?

● Because the only purpose of impeachment is to remove, the penalty that may be imposed “shall not
extend further than removal from office and disqualification to hold any office under the Republic.” This
penalty, moreover is beyond the reach of the President’s power of executive clemency, but does not
place the officer beyond liability to criminal prosecution. (When criminally prosecuted, therefore, for the
offense which warranted his conviction on impeachment, the officer cannot plead the defense of double
jeopardy.)

Section 4. Sandiganbayan
The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its
jurisdiction as now or hereafter may be provided by law.
What is the composition Sandiganbayan?
Under PD 1606, it is composed of the following:
● Presiding Justice and Eight Associate Justices, with the rank of Justice of the Court of Appeals. It sits in
three [3] divisions of three members of each.

Nature of Sandiganbayan
● Sandiganbayan is NOT a constitutional court. It is a statutory court; that is, it is created not only by the
Constitution but by statute, although its creation is mandated by the Constitution.

Jurisdiction of Sandiganbayan
Original Jurisdiction, Exclusive Original Jurisdiction, Exclusive Appellate Jurisdiction, Private individuals

Decisions/Review
● The unanimous vote of all the three members shall be required for the pronouncement of judgment by a
division. Decisions of the Sandiganbayan shall be reviewable by the Supreme Court on a petition for
certiorari.

Section 5. Ombudsman
There is hereby created the independent Office of the Ombudsman, composed of the Ombudsman to be
known as Tanodbayan, one overall Deputy and at least one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Composition of the Ombudsman

● An Ombudsman to be known as the Tanodbayan.
● One overall Deputy and at least one Deputy each for Luzon, Visayas and Mindanao.
● A separate Deputy for the military establishment may likewise be appointed.

Section 6. Appointments
The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed
by the Ombudsman according to the Civil Service Law.

What is the power of the Ombudsman over his office?

Under the Constitution, the Office of the Ombudsman is an independent body.
(1) The Ombudsman has the power to appoint all officials and employees of the Office of the
Ombudsman, except his deputies.
(2) Ombudsman has been vested with the power of administrative control and supervision of the Office
a. authority to organize such directorates for administration and allied services
b. prescribe and approve its position structure and staffing pattern.
c. authority to determine and establish the qualifications, duties, functions and responsibilities of
the various directorates and allied services of the Office.

Section 7. Tanodbayan as Special Prosecutor

The existing Tanodbayan shall hereafter be known as the Office of the Special Prosecutor. It shall
continue to function and exercise its powers as now or hereafter may be provided by law, except those
conferred on the Office of the Ombudsman created under this Constitution.

What two distinct offices are created?

● Office of the Ombudsman or Tanodbayan - The Ombudsman inherits the title as Tanodbayan and acts
as the champion of the people, independent of and not beholden to the President, and functions
according to the enumeration in Section 13 of this Article.
● Office of the Special Prosecutor - The Special Prosecutor inherits the prosecutorial responsibility of the
Tanodbayan of the 1973 Constitution but is no longer called Tanodbayan.

Section 8. Qualifications
The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of
their appointment, at least forty years old, of recognized probity and independence, and members of the
Philippine Bar, and must not have been candidates for any elective office in the immediately preceding
election. The Ombudsman must have for ten years or more been a judge or engaged in the practice of
law in the Philippines. During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.
What are the qualifications of an Ombudsman?
1. Natural Born Citizen of the Philippines
2. At least 40 years old at the time of his appointment
3. Recognized probity and Independence
4. Member of the Philippine Bar
5. Must not have been a candidate for any elective office in the immediately preceding election.
6. The Ombudsman must have for ten years or more been a judge or engaged in the practice of law
in the Philippines.

What are the disqualifications of an Ombudsman

1. Shall not during his tenure, hold any other office or employment
2. Shall not engage in any practice of any profession or in the active management or control of any
business which in any way may be affected by the functions of his office;
3. Shall not be financially interested, directly or indirectly, in any contract with, or any franchise or
privilege granted by the Government
4. Shall not be qualified to run for any office in the election immediately succeeding their cessation
from office

Section 9. Appointments
The Ombudsman and his Deputies shall be appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every
vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within
three months after they occur.

Section 10. Rank

The Ombudsman (Chairman) and his Deputies (Members) shall have the rank of Chairman and
Members, respectively, of the Constitutional Commissions, and they shall receive the same salary, which
shall not be decreased during their term of office.

Section 11. Term

The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They
shall not be qualified to run for any office in the election immediately succeeding their cessation (end)
from office.

Section 12. Prompt Action on Complaints

The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in
any form or manner against public officials or employees of the Government, or any subdivision, agency
or instrumentality thereof, including government-owned or controlled corporations, and shall, in
appropriate cases, notify the complainants of the action taken and the result thereof.

How is the jurisdiction of the Ombudsman over a person determined?

● For purposes of determining the scope of the jurisdiction of the Ombudsman, a public officer is one to
whom some of the Sec. 13 ART. XI -ACCOUNTABILITY OF PUBLIC OFFICERS sovereign functions of
the government have been delegated.

Section 13. Powers; Functions; Duties

The Office of the Ombudsman shall have the following powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or
inefficient.
(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or
any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled
corporation with original charter, to perform and expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against a public official or employee at fault,
and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be
provided by law, to furnish it with copies of documents relating to contracts or transactions entered into by
his office involving the disbursement or use of public funds or properties, and report any irregularity to the
Commission on Audit for appropriate action.
(5) Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and documents.
(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high standards of
ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties
as may be provided by law.

What is a Preliminary Investigation?

● The preliminary investigation is the police agency's first response to a report that a crime has occurred.

What is fact- finding?

● It is the gathering of relevant facts, and identifying all the pertinent issues so that a determination can
be made regarding the allegations or charges in an investigation.

Section 14. Fiscal Autonomy

The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved annual appropriations shall be
automatically and regularly released.

Section 15. Right to Recover Properties Unlawfully Acquired

The right of the State to recover properties unlawfully acquired by public officials or employees, from
them or from their nominees or transferees, shall not be barred by prescription, laches, or estoppel.

Does Section 15 prevent the prescription of the crime?

No. The right to prosecute criminally can prescribe.

Section 16. Loan, Guaranty or Other Form of Financial Accommodation

No loan, guaranty, or other form of financial accommodation for any business purpose may be granted,
directly or indirectly, by any government-owned or controlled bank or financial institution to the President,
the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.

What is the objective of Sections 16 and 17?

They are intended to strengthen the concept of public offices and a public trust.

Section 17. Declaration of Assets and Liabilities

A public officer or employee shall, upon assumption of office and as often thereafter as may be required
by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional offices, and officers of the armed forces with general
or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

Section 18. Allegiance of Public Officers

Public officers and employees owe the State and this Constitution allegiance at all times, and any public
officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another
country during his tenure shall be dealt with by law.