ARTICLE XVIII TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

The 1987 Constitution took effect immediately upon its ratification.
According to the SC, this took place on February 2, 1987, which was the day the people cast their
votes ratifying the Constitution.
Military bases agreements
1)
Renewals of military bases agreements must be through a strict treaty.
2)
Ratification of the agreement in a plebiscite is necessary only when Congress so requires.
3)
Section 25 of Article XVIII allows possible local deployment of only AMERICAN forces.
aRTICLE XVII- AMENDMENTS OR REVISIONS
Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose
is to improve specific provisions of the Constitution. The changes brought about by amendments will
not affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it should
be altered. A revision implies substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1)
Constituent power is the power to formulate a Constitution or to propose amendments to or
revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass,
repeal or amend or ordinary laws or statutes (as opposed to organic law).
2)
Constituent power is exercised by Congress (by special constitutional conferment), by a
Constitutional Convention or Commission, by the people through initiative and referendum, and
ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and of
the people, also through initiative and referendum.
3)
The exercise of constituent power does not need the approval of the Chief Executive, whereas
the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when
done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary legislative power.
The only reason Congress can exercise such power is that the Constitution has granted it such
power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the question of
whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments
and revisions is left to the discretion of Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has
provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details
for the calling of such ConCon, Congress exercising its ordinary legislative power may supply
such details. But in so doing, Congress (as legislature) should not transgress the resolution of
Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for
their expenses. Money may be spent from the treasury only to pursuant to an appropriation made by
law.

C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1)
While the substance of the proposals made by each type of constituent assembly is not subject
to judicial review, the manner the proposals are made is subject to judicial review.
2)
Since these constituent assemblies owe their existence to the Constitution, the courts may
determine whether the assembly has acted in accordance with the Constitution.
3)
Examples of justiciable issues:
a)
Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly).
b)
Whether the approved proposals were properly submitted to the people for ratification.
Proposal of Revisions
1)
By Congress, upon a vote of 3/4 of its members
2)
By a constitutional convention
Ratification
1)
Amendments and revisions proposed by Congress and/or by a ConCon:
a)
Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b)
Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such
amendments or revisions.
2)
Amendments proposed by the people via initiative:
a)
Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b)
Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by
COMELEC of the petitions sufficiency
3)
Requisites of a valid ratification:
a)
Held in a plebiscite conducted under the election law;
b)
Supervised by the COMELEC; and
c)
Where only franchised voters (registered) voters take part.
4)
Issues regarding ratification:
a)
The Constitution does not require that amendments and revisions be submitted to the people in
a special election. Thus, they may be submitted for ratification simultaneously with a general election.
b)
The determination of the conditions under which proposed amendments/revisions are submitted
to the people falls within the legislative sphere. That Congress could have done better does not make
the steps taken unconstitutional.
c)
All the proposed amendments/revisions made by the constituent assemblies must be submitted
for ratification in one single plebiscite. There cannot be a piece-meal ratification of
amendments/revisions.
d)
Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the
proposed amendments/revisions so provide.
ARTICLE XVI GENERAL PROVISIONS
Sections 1-2. Symbols of Nationality
1) Flag
Red, white, and blue.
With a sun and 3 stars
The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new:
(a) Name for the country,
(b) National anthem, or
(c) National seal.
Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.
Section 3. State Immunity
Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the
government

i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held
personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are
not personally liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the
defendants being compelled to interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body may sue or be sued.
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special
agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental
function (e.g.
arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally be
sued, even if its charter contains no express sue or be sued clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have charters which
grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit,
they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid
government obligation, then the money can be garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the State will ultimately be
held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or
garnishment against public funds. Reason: No money shall be paid out of the public treasury unless
pursuant to an appropriation made by law.
Section 4. THE ARMED FORCES OF THE PHILIPPINES
Composition:
A citizen armed force
Prohibitions and disqualifications:
1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the government,
including GOCCs or their subsidiaries.
The Chief of Staff:
1) Tour of duty: Not exceed to three years
2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President
may extend such tour of duty.
CONSTITUTIONAL LAW PRELIMS
CHAPTER 1: INTRODUCTION
1. What is CONSTITUTIONAL LAW?
It is the study of the maintenance of the proper balance between authority as represented by the
three inherent powers of the State and liberty as guaranteed by the Bill of Rights.
CHAPTER 2: THE NATURE OF THE CONSTITUTION
2. What is a CONSTITUTION?
a. According to Cooley, it is that body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised.
b. According to Justice Malcolm, it is the written instrument enacted by direct action of the people by

which the fundamental powers of the government are established, limited, and defined, and by which
those powers are distributed among the several departments for their safe and useful exercise for the
benefit of the body politic.
3. What is the purpose of the Constitution?
The purpose of the Constitution is to: (PAE)
a. Prescribe a permanent framework of a system of government,
b. To Assign to the several departments their respective powers and duties, and
c. To Establish certain first fixed principles on which government is founded.
CLASSIFICATIONS OF THE CONSTITUTION
4. Constitution may be classified as follows:
a. As to their origin and history:
1. Conventional constitution- an enacted constitution, formally struck off at a definite time and place
following the conscious and deliberate effort taken by a constituent body or ruler.
2. Cumulative Constitution-is a result of a political evolution, not inaugurated at any specific time but
changing by accretion rather than by any systematic method.
b. As to their form:
1. Written Constitution- is one whose precepts are embodied in one document or set of documents
2. Unwritten Constitution- consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as: (SJCCC)
2.1 statutes of fundamental character,
2.2 judicial decisions,
2.3 commentaries of publicists,
2.4 customs and traditions, and
2.5 certain common law principles
c. As to manner of amending them:
1. Rigid Constitution- is one that can be amended only by a formal and usually difficult process
2. Flexible Constitution- one that can be changed by ordinary legislation
The Constitution of the Philippines is written, conventional, and rigid.
ESSENTIAL QUALITIES OF A WRITTEN CONSTITUTION
5. A good written constitution must be:
Broad- not only because it provides for the organization of the entire government and covers all
persons or things within the territory of the State, but more so because it is supposed to embody the
past, reflect the present, and to anticipate the future.
Brief- and confine itself to basic principles to be implemented with legislative details mor adjustable to
change and easier to amend.
Definite- if not, ambiguity in its provision may result in confusion and divisiveness among the people,
and perhaps even physical conflict.
Exception: Due process clause- to make them more malleable to judicial interpretation in the light of
new conditions and circumstances.
ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION
6. Three essential substantive parts: (LGS)
a. Constitution of Liberty- a series of prescriptions setting forth the fundamental civil and political
rights of the citizens and imposing limitations on the powers of the government as a means of
securing the enjoyment of those rights. (SI)
b. Constitution of Government- a series of provisions outlining the organization of the government,
enumerating its powers, laying down rules relative to its administration, and defining the electorate.
(OELD)
c. Constitution of Sovereignty- provisions pointing out the mode or procedure in accordance with
which the formal changes in the fundamental law may be brought about.
PERMANENCE OF THE CONSTITUTION
7. How shall the Constitution be interpreted?
RULE: In case of doubt, the Constitution should be considered:
a. Self-executing rather than non-self-executing;

b. Mandatory rather than directory; and

c. Prospective rather than retrospective.
Distinguished:
A self-executing provision is a rule that by itself is directly or indirectly applicable without need of
statutory implementation whereas a non-self-executing provision is one that remains dormant unless
it is activated by legislative implementation.
AMENDMENT OR REVISION
8. What are the modes of effecting changes in the Constitution?
a. Amendment- isolated or piecemeal change only
b. Revision- a revamp or rewriting of the whole instrument
9. What steps are required for the Constitutional changes to be effected by amendment or revision?
1) Proposal- generally made either by the Congress or by a constitutional convention.
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
The power of Congress to propose amendments is NOT part of its ordinary legislative power.
The only reason Congress can exercise such power is that the Constitution has granted it such
power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the question of
whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments
and revisions is left to the discretion of Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has
provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details
for the calling of such ConCon, Congress - exercising its ordinary legislative power - may supply such
details. But in so doing, Congress (as legislature) should not transgress the resolution of Congress
acting as a constituent assembly.
5) Congress, as a constituent assembly and the ConCon has no power to appropriate money for their
expenses. Money may be spent from the treasury only pursuant to an appropriation made by law.
C. Peoples Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is not subject to
judicial review, the manner the proposals are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may
determine whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in Congress (acting as a
constituent assembly).
b) Whether the approved proposals were properly submitted to the people for ratification.
Position of the Constitutional Convention
*Frantz v. Autry- as long as it (ConCon) confines itself within the sphere of its jurisdiction, the ConCon
must be considered independent and co-equal with the other departments of the government.
Question: Is the constitutional provision on initiative and referendum self-executory?
Answer: No. It requires implementing legislation. Congress has approved R.A. 6735, the Initiative and
Referendum Law, but the Supreme Court held that the law, as worded, does not apply to
constitutional amendment. Therefore, amendment by initiative and referendum must still await a valid
law. (Defensor Santiago v. Comelec, March 19, 1997)
Question: May a revision of the Constitution be effected through initiative and referendum?
Answer: No. The change authorized by Section 2 through initiative and referendum can only be
amendment.
Question: Must amendments to the Constitution be submitted for approval in a special election or
may they be included among issues presented during a general election?

Answer: Ideally, amendments should be presented in a special election order that it can command
the undivided attention of the electorate. However, this is not required by the Constitution. (Gonzales
v. Comelec, 21 SCRA 801-802)
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
2) Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such
amendments or revisions.
2) Amendments proposed by the people via initiative:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by
COMELEC of the petition's sufficiency.
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
4) Issues regarding ratification:
a) The Constitution does not require that amendments and revisions be submitted to the people in a
special election. Thus, they may be submitted for ratification simultaneously with a general election.
b) The determination of the conditions under which proposed amendments/revisions are submitted to
the people falls within the legislative sphere. That Congress could have done better does not make
the steps taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for
ratification in one single plebiscite. There cannot be a piece-meal ratification of
amendments/revisions.
d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the
proposed amendments/revisions so provide.

JUDICIAL REVIEW OF AMENDMENTS

10. Are amendments subject to judicial review?
The amending process, both as to proposal and ratification, raises a judicial question. This is
especially true in cases where the power of the Presidency to initiate the amending process by
proposals of amendments, a function normally exercised by the legislature, is seriously doubted.
(Sanidad v. Comelec, 73 SCRA 333)
Thus, the judiciary may declare invalid a proposal adopted by less than three-fourths of the members
of the Congress, or a call for a ConCon by less than two-thirds of the legislature, or a ratification
made by less than a majority of the votes cast, or a plebiscite irregularly held.
11. What is the power of judicial review?
It is the Supreme Courts power declare a law, treaty, international or executive agreement,
presidential decree, proclamation, order, instruction, ordinance, or regulation unconstitutional. This
power is explicitly granted by Sec. 5 (2), (a) and (b).
CHAPTER 3: THE CONSTITUTION AND THE COURTS
12. What is the role of the judiciary in our system of government?
The judiciary is the ultimate guardian of the Constitution. It is expected to rectify the wrong and affirm
its sacred and solemn duty to uphold the Constitution and the laws of the land.
VOTING
13. How much vote is needed for the declaration of unconstitutionality?
It was not specified. However, the Constitution requires for such declaration the concurrence of a
majority of the members who actually took part in the deliberations on the issues in the case and
voted thereon.

REQUISITES OF A JUDICIAL INQUIRY

14. No constitutional question will be heard and decided by the courts without the following requisites:
1) There must be an actual case or controversy;
2) The question of constitutionality must be raised by the proper party;
3) The constitutional question must be raised at the earliest possible opportunity; and
4) The decision of the constitutional question must be necessary to the determination of the case
itself.
ACTUAL CASE or CONTROVERSY- involves a conflict of legal rights, an assertion of opposite legal
claims susceptible of judicial adjudication.
PROPER PARTY- is one who has sustained injury or is in immediate danger of sustaining injury as a
result of the act complained of.
Article VII, Section 18, of the Constitution now allows ANY CITIZEN to challenge the suspension of
the privilege of the writ of habeas corpus or the proclamation of martial law.
EARLIEST OPPORTUNITY- if it is not raised in the pleadings, it cannot be considered at the trial, and
if not considered in the trial, it cannot be considered on appeal.
Exceptions:
1. In criminal cases, the constitutional question can be raised at any time in the discretion of the court.
2. In civil cases, the constitutional question can be raised at any stage if it is necessary to the
determination of the case itself.
3. In every case, except where there is estoppels, the constitutional question can be raised at any
stage if it involves the jurisdiction of the court.
NECESSITY OF DECIDING CONSTITUTIONAL QUESTION- as long as there is some basis that can
be used by the courts for its decision, the constitutionality of the challenged law will not be touched
and the case will be decided on other available grounds.
The matter of constitutionality shall, as a rule, be considered if it is the lis mota of the case and raised
and argued at the earliest opportunity.
Principle of Estoppel- Under this rule, a person cannot question the validity of the law under which he
had previously accepted benefits, the SC held that Zandueta was stopped from impugning the
constitutionality of the judiciary reorganization law. (Zandueta v. De la Costa, 66 Phil. 615)
EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY
15. Two views on the effects of a declaration of the unconstitutionality of a statute.
a) Orthodox view- an unconstitutional act is not a law; confers no rights; creates no office; inoperative,
as if it had not been passed.
b) Modern view- the court in passing upon a question of constitutionality does not annul or repeal the
statute if it finds it in conflict with the Constitution.
Partial unconstitutionality- valid if two conditions concur:
1) First, that the legislature is willing to retain the valid portions even if the rest of the statute is
declared illegal;
2) Second, that the valid portions can stand independently as a separate statute.
*The legislative will to this effect may be expressed in what is known as the separability clause.