Republic of the Philippines

BOHOL ISLAND STATE UNIVERSITY

Candijay Campus
Cogtong, Candijay, Bohol

Vision : A premier Science & Technology University for the formation of a world class and
virtuous human resource for sustainable development in Bohol and the country.

Mission : Committed to provide quality and innovative education in strategic sectors for the
development of Bohol and the country.
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COLLEGE OF ADVANCED STUDIES

ACTIVITY # 10
School Laws and Legislation
Summer Class 2020

Masterand : KRISTINE MAE B. BUAL

Professor : ALLAN S. TIEMPO, Ph. D.
Date Submitted : JULY 26, 2020

Topic: Article XI and XII of the 1987 Philippine Constitution (ACCOUNTABILITY OF PUBLIC
OFFICERS AND NATIONAL ECONOMY AND PATRIMONY)

1. Explain the principle “a public office is a public trust".

ARTICLE XI
Accountability of Public Officers

Section 1. 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.

 A constitutional description of public office is a public trust where public officers and
employees commonly known as civil servants and public officials must be at all times. These
civil servants and public officials are accountable to the people, whom they should serve
with utmost responsibility, integrity, loyalty and efficiency. They are expected to act with
patriotism and provide fair justice as well as lead a role of living modest lives.
At present, issues in corruption continue to affect the civil services in many countries,
around the world. Several reasons of these issues still exist because of the deeply rooted
problems like nepotism, cronyism, political patronage as well as lack of transparency and
accountability. The unsystematic enforcement of law and institutional mechanisms for
holding civil servants and public officials accountable of their actions will always lead to a
negative impression to the citizens. Civil servants often have the liberty on how they serve
the public. Their ability in implementing the rules to provide public services has always a
significant impact to the common citizens. The code of conduct and ethical standard for
public officials and employees is set forth to promote high ethical standards in providing
public services.
 One of the example of this particular code is the mandatory implementation to every
government officials specifically those who are elected by the people to have a transparent
declaration of their statement of assets, liabilities and net worth. The strong enforcement of
transparency and accountability in all civil servants and public officials will reduce the
practice of corruption and the misuse of public office. The verdict for those civil servant or
public official proven to be guilty of practicing corruption, maladministration or violation of
rights is usually dismissal from the service, cancellation of eligibility, forfeited retirement
benefits and disqualification of re-employment in the government service.

2. The government officials who may be removed by impeachment.

 ARTICLE XI-ACCOUNTABILITY OF PUBLIC OFFICERS

Section 2. 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.

3. Describe briefly the procedure of removal by impeachment.

Impeachment
 It is a constitutional process of removing public servants from office as an assurance
against abusive officials in the country.
 It serves as protection for the state and not to accomplish criminal punishment.
 The object of impeachment is solely to determine whether or not the official is still
worthy of the trust conferred upon him/her.
  It is NOT the determination of criminal guilt or innocence as in a criminal case.

 We have two kinds of procedure of removal:

1. FAST-TRACK PROCEDURE
If an impeachment complaint or resolution is files by at least one-third (1/3) of all
members of the House, the Articles of Impeachment shall be sent to Senate for Trial-
Article 2, Section 3, Paragraph 4

2. LONGER PROCEDURE

Each Congress (the present Congress is the 15th of the Republic) adopts its rules for
impeachment for each chamber. The House of Representatives adopts its rules, while the
Senate adopts its rules for impeachment trials.

The House of Representatives adopted its rules for the longer procedure on August 3, 2010.
The Senate adopted its impeachment trial rules on March 23, 2011.

The longer procedure of impeachment as set by the 1987 Constitution is as follows:

4. What is the Ombudsman in the constitution?
 The Office of the Ombudsman shall have the following powers, functions and duties:

1Investigate and prosecute on its own or on complaint by any person, any act or omission of
any public officer or employee, office or agency, when such act or omission appears to be
illegal, unjust, improper or inefficient (Sec. 15(1) R.A. No. 6770; see also Sec. 13(1), Article
XI, 1987 Constitution);
1. Direct, upon complaint or at its own instance, any officer or employee of the Government,
or of any subdivision, agency or instrumentality thereof, as well as any government-owned
or controlled corporations 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 (Sec. 15(2) R.A. No. 6770; Sec 13(2) Article XI, 1987
Constitution);
2. Direct the officer concerned to take appropriate action against a public officer or employee
at fault or who neglects to perform an act or discharge a duty required by law, and
recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary authority as provided in Section 21 or this
Act: Provided, That the refusal by any officer without just cause to comply with an order of
the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to perform an act or discharge a duty required by
law shall be ground for disciplinary action against said officer (Sec. 15(3) R.A. No. 6770;
see also Sec 13(3), Article XI, 1987 Constitution);
3. Direct the officer concerned, in any appropriate case, and subject to such limitations as it
may provide in its rules of procedure, 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 (Sec. 15(4) R.A. No. 6770; see also Sec. 13(4), Article XI, 1987
Constitution);
4. Request any government agency for assistance and information necessary in the discharge
of its responsibilities, and to examine, if necessary, pertinent records and documents (Sec.
15(5), R.A. No.6770; see also Sec. 13(5), Article XI, 1987 Constitution);
5. Publicize matters covered by its investigation of the matters mentioned in paragraphs (1),
(2), (3) and (4) hereof, when circumstances so warrant and with due determine what cases
may not be made public: Provided further, That any publicity issued by the Ombudsman
shall be balanced, fair, and true (Sec 15(6) R.A. No. 6770; see also Sec 13(6), Article XI,
1987 Constitution);
6. 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 (Sec 15(7) R.A. No. 6770; see also Sec 13(7),
Article XI, 1987 Constitution);
7. Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to examine and have access to bank accounts
and records (Sec 15(8), R.A. No. 6770);
8. Punish for contempt in accordance with the Rules of Court and under the same procedure
and with the same penalties provided therein (Sec 15(9), R.A. No. 6770);
9. Delegate to the Deputies, or its investigators or representatives such authority or duty as
shall ensure the effective exercise of performance of the powers, functions, and duties
herein or hereinafter provided (Sec 15(10), R.A. No. 6770);
10. Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained
wealth amassed after February 25, 1986 and the prosecution of the parties involved
therein (Sec 15(11), R.A. No. 6770);
11. Promulgate its rules of procedure and exercise such other powers or perform such
functions or duties as may be provided by law (Sec 13(7), Article XI, 1987 Constitution;
see also Sec. 18, R.A. No. 6770);

5. What is the policy under the constitution regarding the national economy?

 “Art. XII, Section 12 of the Constitution, the State shall promote the preferential use of
Filipino labor, domestic materials, and locally-produced goods, and adopt measures that
make them competitive. "

It simply means that the state shall ensure full well-being and free, all-round development of all
the members of society. Thus, it is the combination of centralized administration with active
participation by production collectives, local bodies, and all working people in such
administration. This makes possible the fullest, most efficient use of available material and labor
resources in the interests of all of society and of each of its members in the society.

6. In relation to national resources, cite some policies under the constitution.

 All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of water power, beneficial use may
be the measure and limit of the grant (Sec. 2 of Art. XII).
 Autonomous regions shall have legislative powers over natural resources (Sec. 20 of Art. X).
 The Congress shall provide, for such period as it may determine, measures to prohibit
logging in endangered forests and watershed areas (Sec. 4 of Art. 12).
 The Constitution also provides for agrarian and natural resources reform (Sec. 4 of Art.
XIII).”
7. Under the constitution how are lands of the public domain classified? Which of these
may be sold or alienated?

 Kinds of properties of Public Dominion

1. Property intended for public use or which can be used by everybody and others of
similar character

2. Property which is not for public use but intended for public service or those which
can be used only by duly authorized persons, such as government buildings and vehicles

3. Property intended for the development of national wealth such as minerals, coal, oil,
forest, and other natural resources

Further, under the 1987 Constitution (Section 3 Article XII) Lands of the public domain are
classified into:

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands and national parks. Agricultural lands of the public domain may be further classified by law
according to the uses to which they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands.

1. Agricultural

2. Forest or timber

3. Mineral lands

4. National parks

Examples of public dominion: 1987 Constitution: agricultural, forest, timber, national parks,
mineral lands, water, minerals, oils, coal, petroleum, sources of potential energy, fisheries,
wildlife, flora, fauna, roads, canals, rivers, banks, shores and others similar in character.
Agricultural land is the only alienable and disposable land of the government.

The lands of public domain are reclassified:

A positive act of the Government is necessary to enable such reclassification, and the exclusive
prerogative to classify public lands under existing laws is vested in the Executive Department,
not in the courts.

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated.

The Constitution places a limit on the type of public land that may be alienated. Under Section
2, Article XII of the 1987 Constitution, only agricultural lands of the public domain may be
alienated; all other natural resources may not be.

Article XII, Section 3, of the 1987 Constitution states:

Sec 3.Alienable lands of the public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease
not more than five hundred hectares, or acquire not more than twelve hectares thereof by
purchase, homestead or grant.

The Constitution has laid down a prohibition for private corporations or associations to own
lands of public domain but may enjoy such only by lease in accordance to the terms expressly
provided in the abovementioned section.

8. To whom may these alienable lands be disposed and under what forms of
disposition?
 TITLE II -AGRICULTURAL PUBLIC LANDS CHAPTER III.
FORMS OF CONCESSION OF AGRICULTURAL LANDS
Section 11. Public lands suitable for agricultural purposes can be disposed of only as follows,
and not otherwise:
(1) For homestead settlement.
(2) By sale.
(3) By lease.
(4) By confirmation of imperfect or incomplete titles.
(a) By judicial legalization.
(b) By administrative legalization (free patent)

TITLE II AGRICULTURAL PUBLIC LANDS

CHAPTER V. SALE
Section 32. No person, corporation, association, or partnership shall be permitted, after the
approval of this Act, to acquire the title to or possess as owner any lands of the public domain if
such lands, added to other land belonging to such person, corporation, association, or
partnership shall give a total area greater than the area the acquisition of which by purchase is
authorized under this Act. Any excess in area over this maximum and all right, title, interest,
claim, or action held by any person, corporation, association, or partnership resulting directly or
indirectly in such excess shall revert to the Government.

This section shall, however, not be construed to prohibit any person, corporation, association, or
partnership authorized by this Act to acquire lands of the public domain from making loans upon
real estate security and from purchasing real estate whenever necessary for the recovery of
such loans; but in this case, as soon as the excess above referred to occurs, such person,
corporation, association, or partnership shall dispose of such lands within five years, for the
purpose of removing the excess mentioned. Upon the land in excess of the limit there shall be
paid, so long as the same is not disposed of, for the first year a surtax of fifty per centum
additional to the ordinary tax to which property shall be subject, and for each succeeding year
fifty per centum shall be added to the last preceding annual tax rate, until the property shall
have been disposed of.

The person, corporation, association, or partnership owning the land in excess of the limit
established by this Act shall determine the portion of the land to be segregated.

At the request of the Secretary of Agriculture and Natural Resources, the Attorney-General, or
the officer acting in his stead shall institute the necessary proceedings in the proper court for the
purpose of determining the excess portion to be segregated, as well as the disposal of such
portion in the exclusive interest of the Government.
9. What are the limitations in the operation of a public utility?
 Under Section 11, Article XII of the 1987 Constitution, “No franchise, certificate, or any other
form of authorization for the operation of a public utility shall be granted except to citizens of
the Philippines or to corporations or associations organized under the laws of the
Philippines, at least sixty per centum of whose capital is owned by such citizens.”

Aside from the limitations on foreign ownership, public utilities are also subject to other
constitutional restrictions such as:

 limitations on foreign management;

 non-exclusivity;
 maximum limit of fifty (50) years;
 amendment, alteration, or repeal by Congress when the common good so requires;
 temporary take-over and operation of public utilities during times of national emergency
when public interest so requires;
 in the interest of national welfare or defense, establishment and operation of vital
industries and transfer to public ownership utilities and other private enterprises to be
operated by the Government upon payment of just compensation;
 Supervision or regulation of the enjoyment or utilization of franchises or permits for the
operation of public utilities during election period.

10. Cite some legal basis based on Article XII on issue on the Franchise of ABS CBN.
 A franchise is a privilege and not a demandable right. It is a permit originating from the
sovereign power of the state, and thus subject to regulations and the police power of the
state via relevant institutions, including Congress. The primordial consideration of why a
franchise is given to a mass media entity is fundamentally based on the notion of the
promotion of public good and public interest as deemed determined to be important by the
state. If in any case, a media network falls short of such an expectation, the state can take
back such a privilege and give it to another who it deems more deserving.
On the other hand, under Philippine laws, a media network needs a congressional franchise
to broadcast via television and radio for 25 years. This can be renewed for another 25 years
if given the opportunity. The only institution that has the power, and is mandated by the
1987 Philippine Constitution to review, approve and grant franchises of public utility is
Congress. In so doing, Congress assessed the worthiness of ABS-CBN to use the free
airwaves owned by the state, through a thorough congressional deliberation on the many
alleged violations of the said media network.
SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born
citizen of the Philippines who has lost his Philippine citizenship may be a transferee of
private lands, subject to limitations provided by law."

Section 11. No franchise, certificate, or any other form of authorization for the operation of a
public utility shall be granted except to citizens of the Philippines or to corporations or
associations organized under the laws of the Philippines, at least sixty per centum of whose
capital is owned by such citizens; nor shall such franchise, certificate, or authorization be
exclusive in character or for a longer period than fifty years. Neither shall any such franchise
or right be granted except under the condition that it shall be subject to amendment,
alteration, or repeal by the Congress when the common good so requires. The State shall
encourage equity participation in public utilities by the general public. The participation of
foreign investors in the governing body of any public utility enterprise shall be limited to their
proportionate share in its capital, and all the executive and managing officers of such
corporation or association must be citizens of the Philippines.