CONSTITUTIONAL LAW I

Midterms Reviewer
INTRODUCTION

Philippine Constitutionalism, Birth Pangs, and Traumatic

Growth
Source: Casebook

The Constitution is what the judges say it is. Judicial review involves
the power and duty on the part of the Court of pronouncing void any
such act which does not square with its own reading of the
constitutional instrument.

I. Early Organic Acts

A constitution is a written instrument by which the fundamental
powers of the government are established, limited, and defined, and
by which these powers are distributed among several departments,
for their more safe and useful exercise, for the benefit of the body
politic. It is the supreme written law of the land. It is both a grant and
limitation of governmental authority.
Classification According to Norms of Governmental Action
1. Normative Constitution norms direct governmental action
and government habitually adjusts to its actions.
2. Nominal Constitution cannot yet be fully operative because
of existing socio-economic conditions.
Its value is
educational. It points towards the mature state to which a
fledging polity must grow.
3. Semantic Constitution The primary purpose of a
constitution is to limit power but this does the opposite. It is a
tool for the perpetuation of power in the hands of power
holders.
Constitution may be divided into three parts:
1.
2.
3.

Constitution of government provisions that set up

government structure
Constitution of liberty provisions that provide individual
fundamental liberties against government abuse.
Constitution of Sovereignty provisions that outline the
process whereby the sovereign people may change the
constitution

Philippine Constitution grew from organic documents enacted by the

US government:
1. President McKinleys Instructions to the Second Philippine
Commission
2. The Philippine Bill of 1902
3. The Philippine Autonomy Act of 1916
Tydings McDuffie Law provided for the establishment of a
Commonwealth government under a constitution drafted and ratified
by the Filipino people.
II. The 1935 Constitution
The Constitutional Convention met on July 30 1934 until February 8
1935. On March 3 1935, the President of the US approved the draft.
On May 14 1935, it was ratified by the Filipinos. On November 15,
1935, the Commonwealth government was created.
III. The 1973 Constitution
The 1971 Constitutional Convention began on June 1 1971.
However, martial law was announced on September 21 1972. On
November 29 1972, the Convention approved its draft. On November
30 1972, the President issued Presidential Decree No. 73 and set
the date for the plebiscite on January 15 1973. This was postponed.
On January 17, 1973, by Proclamation No. 1102, the proposed
constitution was ratified by members of the Citizens Assembly. On
March 31 1973, the Supreme Court ruled that there is no further
judicial obstacle to the new Constitution being considered in force
and effect (Javellana v. Executive Secretary).

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
In 1976, the Constitution was amended to give birth to the interim
Batasang Pambansa, a legislative body which functioned no better
than as a rubber stamp for the will of the President. In 1981, the
Constitution was amended again to give way to a regular Batasang
Pambansa.

the 1973 Constitution and instead through Proclamation No. 3,

established the Freedom Constitution.

IV. The Freedom Constitution

V. The 1987 Constitution

Elections were held on February 8 1986. On February 15, Batasan

Pambansa declared Marcos the winner. On February 22 1986, Juan
Ponce Enrile (Minister of National Defense) and Fidel Ramos (Vice
Chief of Staff General) revolted. They would have lost but were
backed up by the civilians.

Article VI of Proclamation No. 3 provided the conditions for the

establishment of the new Constitution. The 1986 Constitutional
Convention convened on June 1 1986 and finished on October 15
1986. On February 2 1987, the Constitution was ratified by the
plebiscite. The government has fought against coups and although
there have been informal debates about changing the constitution, it
still remains to be the same today.

On February 25 1986, Cory was declared first woman president of

the Philippines. She turned her back on the Batasan Pambansa and

PREAMBLE
We, the Sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a
government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure
to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this constitution.
1935 Constitution
The Filipino People suggests another power announcing that the
Filipinos were finally being allowed to promulgate a Constitution
Divine Providence

1987 Constitution
We stresses active and sovereign role of the Filipino people as the
author of the Constitution.
Almighty God is more personal and more consonant with personalist
Filipino religiosity. While Church and State are separate, God and the
people are not.
General welfare means greatest good for the greatest number even if Common good ensures a social order that enables every citizen to
what the greatest number wants is harmful to human dignity.
attain his fullest development economically, politically, culturally, and
spiritually.
The Preamble is not a source of rights or obligations. It sets down the origin, scope, and purpose of the Constitution. It functions as an aid in
ascertaining the meaning of ambiguous provisions. It is a source of light.
Its origin or authorship is the will of the sovereign Filipino people. Its scope and purpose is to build a just and humane society and to establish a
government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love,
equality, and peace.
Additional Provisions in the Preamble of the 1987 Constitution:
Under the rule of law and a regime of truth, justice, freedom, love, equality, and peace
love - as a monument to the love that prevented
bloodshed in the Revolution
truth - as a defiance to the previous regime
peace - as the result of truth, justice, freedom, love
equality - fight against the prevalent political and
economic inequalities in the country
the rule of law - shows that power of government
officials are defined by law and such authority continues
only with the consent of the people.

ARTICLE I
NATIONAL TERRITORY
Section 1: The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including
its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting
the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
The Philippine Territory
The 1935 Constitution included a definition of national territory
because the Filipinos were scared of dismemberment. They wanted
to ensure the preservation of the integrity of Philippine territory.

constitution for the preservation of the national wealth, for national

security, and as a manifestation of our solidarity as a people.
The 1986 Constitutional Commission believed the definition would
have an educational value. Also, it would be difficult to explain its
absence since it was present in the 1935 and 1973 provisions.

The 1971 Constitutional Convention placed the definition in the

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
A Constitution is a municipal law. Hence, the definition of national
territory in the Constitution is only binding on the state. It must be
supported by international law to be recognized internationally.
The scope of the national territory includes (1) the Philippine
archipelago; (2) all other territories over which the Philippines has
sovereignty or jurisdiction; and (3) the territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas
corresponding to (1) and (2). Moreover, (1) and (2) consist of
terrestrial, fluvial, and aerial domains.
An archipelago is a body of water studded with islands. The
Philippine archipelago was delineated by the Treaty of Paris, the
Treaty of Washington, and finally the Treaty with Great Britain. The
1973 Constitution omitted specific mention of these treaties because
Constitutional Convention delegates wanted to erase every possible
trace of our colonial history from the new organic document.
The phrase, all other territories over which the Philippines has
sovereignty or jurisdiction, includes any territory which presently or
might belong to the Philippines in the future through international law
provisions. This also includes what the 1935 Constitution referred to
as all territory over which the present (1935) Government of the
Philippine Islands exercises jurisdiction meaning it includes the
Batanes Islands which really belongs to the Philippines but lay
outside the lines drawn by the Treaty of Paris.
It also includes what the 1973 Constitution calls as territories
belonging to the Philippines by historic or legal right. This refers to
other territories, which, depending on available evidence, might
belong to the Philippines (i.e. Sabah, the Marianas, Freedomland).
This phrase was dropped in the 1987 Constitution to avoid using
language offensive to Malaysia. The 1987 Constitution instead uses
the phrase over which the Philippines has sovereignty or
jurisdiction which neither claims nor disclaims Sabah but asserts a
legal situation in which Sabah can have a place in the Philippines.
The Philippines lays claim on the territorial sea, the seabed, the
subsoil, the aerial domain, the insular shelves, and other submarine

areas to the extent recognized by international law. The definition of

these areas and right of the Philippines over these areas are
provided for in customary and conventional international law,
principally the 1982 Convention on the Law of the Sea and the
Chicago Convention on International Civil Aviation of 1944.
Waters around, between, and connecting the islands of the
archipelago form part of the internal waters of the Philippines. The
internal waters is one of the elements of the archipelagic principle,
which is now recognized by the 1982 Convention on the Law of the
Sea. The vast areas of water between islands which we consider
internal waters according to Article I (which are NOT subject to the
right of innocent passage) are archipelagic waters (which are subject
to the right of innocent passage) according to the 1982 Convention.
Hence, there is a conflict.
The Philippines, however, said that the signing of the Convention
shall not in any manner impair or prejudice the sovereign rights of the
Republic under and arising from the Constitution of the Philippines
nor nullify the sovereignty of the Philippines as an archipelagic State
over the sea lanes and do not deprive it of its authority to enact
legislation to protect its sovereignty, independence and security. The
Philippines has designated sea lanes for foreign vessels in order to
address this issue.
The straight baseline method consists of drawing straight lines
connecting appropriate points on the coast without departing to any
appreciable extent from the general direction of the coast. The 1982
Convention on the Law of the Sea requires coastal states to draw
baselines in conformity with the provisions of the Convention.
Baselines are lines drawn along the low water mark of an island or
group of islands, which mark the end of the internal waters and the
beginning of the territorial sea. RA 2046 and RA 5446 by the
Congress did not completely conform to the requirements of the
Convention so in 2009, RA 9522 was created to provide one set of
baselines for the archipelago and another set of baselines for the
regime of islands outside the archipelago but belonging to the
Philippines.

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
<INSERT THE REST OF MY PARTS>
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
-

Statement of the basic ideological principles and policies that underlie the Constitution
Shed light on the meaning of the other provisions of the Constitution and serve as a guide for all departments of the government in the
implementation of the Constitutions
Principles are binding rules, which much be observed in the conduct of government.
Policies are guidelines for the orientation of the state.

Section 1: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority
emanates from them.
2. Nature and functions of government
1. Democratic and republican state
Government of the Philippine Islands
State community of persons more or less
o Refers to the corporate governmental entity
numerous, permanently occupying a definite portion
through which the functions of government
of territory, independent of external control, and
are exercised throughout the Philippine
possessing an organized government to which the
Islands
great body of inhabitants render habitual obedience
o Legislative, executive, and judicial
o Four elements of a state: (i) people, (ii)
o Does not include government entities which
territory,
(iii)
sovereignty,
and
(iv)
are given corporate personality separate
government
and distinct from the government, which are
Legal sovereignty supreme power to make law
governed by the corporation law
o National government has legal personality
Political sovereignty sum total of all the influences
and is internationally responsible for the
in a state, legal and non-legal, which determine the
actions
of
other
agencies
and
course of law
instrumentalities of the state
Republican state a state wherein all government
Administration is the aggregate of persons in
authority emanates from the people and is exercised
whose hands the reigns of government are for the
by he representatives chosen by the people
time being (different from government)
Constitutional authoritarianism the assumption of
Functions may be classified into
extraordinary powers by the President, including
i.
Constituent/Governmental
compulsory
legislative and judicial and even constituent powers,
functions which constitute the very bonds of
where such assumption is authorized by the letter or
society
at least by the spirit of a legitimately enacted
Constitution (not allowed in the new Constitution)

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
ii.

Ministrant/Proprietary optional functions of

government intended for achieving a better life
for the community
NOTE: when government chooses to
operate not through a governmentowned corporation but through an
unincorporated
agency,
distinction
between constituent and ministrant
functions can be useful
Growing complexities of modern society
have
rendered
this
traditional
classification of the functions of
government quite unrealistic

1. W/N Gozo violated Municipal Ordinance No. 14 series of

1964
Held
1. YES

3. Sovereignty
People v. Gozo
DOCTRINE: The Philippines Government has not abdicated its
sovereignty over bases as part of the Philippine territory or divested
itself completely of jurisdiction over offenses committed therein. The
Government retains not only jurisdictional rights not granted, but also
all such ceded rights as the foreign country authorities for reasons of
their own decline to make use of
Facts
Loreta Gozo bought a house and lot located inside the US Naval
Reservation in Olongapo City. She demolished the house and built
another one in its place without a Mayors permit. She was then
charged and convicted by both the City of Olongapo and the Court of
First Instance of Zambales with the violation of Municipal Ordinance
No. 14 series of 1964, requiring a permit from the municipal mayor
for the construction or erection of a building. She raised the
constitutionality of the Ordinance on Appeal, and relied on the Court
decision in People v. Fajardo. In the aforementioned case, the
application of such an ordinance to Fajardo was oppressive. In this
case, appellant never bothered to comply with the ordinance.
Issues

LGUs have the authority to require building permits.

If its exercise violated any constitutional right, then
its validity could be impugned, or at the very least, its
applicability to the person adversely affected could
be questioned
City of Olongapo exercises administrative jurisdiction
over the said area
The Philippine government has not abdicated its
sovereignty over the bases as part of the Philippine
territory or divested itself completely of jurisdiction
over offenses committed therein
Under the terms of the treaty, the US government
has prior or preferential but not exclusive jurisdiction
of such offenses
The Philippine government retains not only
jurisdictional rights not granted, but also such ceded
rights as the United States Military authorities for
reasons of their own decline to make use of
The Philippines is independent and sovereign, its
authority may be exercised over its entire domain
Principle of Auto-limitation
o Any state may, by its consent, submit to a
restriction of its sovereign rights
Sovereignty as auto-limitation
o A state then, if it chooses, may refrain from
the exercise of what otherwise is illimitable
competence
o At most, there is only diminution or reduction
of
jurisdictional
rights
but
NOT
disappearance thereof

4. Governments de jure and de facto

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer

It is legal truism in political and international law that

all acts and proceedings of the legislative, executive,
and judicial departments of a de facto government
are good and valid

Kinds of de facto government:

1. Government de facto in a proper legal sense
Government that gets possession and control of, or
usurps, by force or by the voice of the majority, the
rightful legal government and maintains itself against
the will of the latter
2. Government de facto of paramount force
Its existence is maintained by active military power
within the territories, and against the rightful
authority of an established and lawful government
While it exists, it must necessarily be obeyed in civil
matters by private citizens
3. Government de facto that is established as an independent
government by the inhabitants of a country who rise in
insurrection against the parent state

Powers and duties of de facto governments

Regulated in Sec. 3 of the Hague Conventions of
1907
The occupant shall take all steps in his power to
reestablish, and insure public order and safety, while
respecting, unless absolutely prevented, the laws in
force in the country
The occupant can suspend the old laws and
promulgate new ones, and make such changes in
the old as he may see fit, but he is enjoined to
respect the municipal laws in force in the country
Laws of a political nature, such as right of assembly
and right to bear arms, freedom of press, right to
travel freely in the territory occupied are considered
suspended or in abeyance during the military
occupation

In practice, the local ordinary tribunals are

authorized to continue administering justice; and the
judges and other judicial officers are kept in their
posts and are required to continue in their positions
under the supervision of the occupant authority
Doctrine: the right of one belligerent to occupy and
govern the territory of the enemy while in its military
possession, is one of the incidents of war, and flows
directly from the right to conquer

Co Kim Cham v. Valdez Tan Keh

DOCTRINE: All acts and proceedings of the legislative, executive,
and judicial departments of a de facto government are good and
valid. The principle of postliminy states that judicial acts and
proceedings remain good and valid after the liberation or reoccupation of the Philippines by the American and Philippine forces
Facts
This is a petition for mandamus praying for the respondent judge to
continue the proceedings in a civil case which was initiated under the
regime of the so called Republic of the Philippines established during
the Japanese military occupation in the country. The respondent
judge refused to take cognizance of the proceedings on the ground
that the proclamation issued by Gen. Douglas MacArthur when the
American forces took over the occupation of the island from the
Japanese government, had the effect of invalidating and nullifying all
the judicial proceedings and judgments of the court under the
Philippine Executive Committee and the Republic of the Philippines
established during the Japanese military occupation. When the
Imperial Japanese Forces occupied the City of Manila, the Japanese
Commander in Chief proclaimed that all the laws in force in the
Commonwealth, as well as the executive and judicial institutions,
shall continue to be effective for the time being as in the past, and all
public officials shall remain in their present posts and carry on
faithfully their duties as before. In 1945, the City of Manila was
partially liberated by General MacArthur on behalf of the Government
of the United States, wherein the Commonwealth was restored. Gen.

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
MacArthur proclaimed that all the processes of any other government
be invalid and have no effect.
Issues
1. W/N the Japanese occupation was a de facto government
2. W/N all judgments and judicial acts are invalidated pursuant
to MacArthurs Order
3. W/N the proceedings should continue in court
Held
1. YES

2. NO

3. YES

The government during the Japanese occupation

was a de facto government of the 2nd type given that
the two (2) characteristics of a de facto government
of paramount force are present.
The phrase processes of any other government
stated by MacArthur did not intend to annul all other
judgments and judicial proceedings of court during
the Japanese military occupation
If according to international law, non-political
judgments and judicial proceedings of de facto
governments are valid and remain valid even after
the occupied territory has been liberated, then it
could not have been Mac \Arthurs intention to refer
to judicial processes, which would be in violation of
international law
From the above conclusions, it follows that the Court
of First Instance of Manila has jurisdiction to
continue to final judgment and proceeding of the
case which has been pending in said court at the
time of the restoration of the said Government

In re: Letter of Associate Justice Reynato Puno

DOCTRINE: A revolutionary government is instituted by the direct
action of the people and in opposition to the authoritarian values and
practices of the overthrown government. The right of revolution is an
inherent right of the people to cast out their rulers, change their

policy or effect radical forms in their system of government

institutions by force, or a general uprising. The president in a
revolutionary government has powers encompassing both executive
and legislative powers, such that she could, if so desire, amend,
modify, or repeal and law
Facts
Assoc. Justice Puno was appointed to the IAC (which had replaced
the CA in accordance with BP 129). He was then appointed to
Deputy Minister of Justice, thus ceased to be part of the judiciary.
Then EDSA Revolution came and Cory Aquino issue EO 33
reorganizing the judiciary. Persuant to this, Puno was returned to the
CA with a ranking lower than what the Screening Committee has
recommended. Puno then wrote a letter requesting for his seniority
ranking of 12 be changed to 5. The reason is that it was an
inadvertent mistake and should be corrected according Sec. 2 of EO
No. 33 which states that justices have precedence by order of date of
appointment, such that if they served other positions in other offices
of government, they would still retain the precedence entitled to their
original appointment. Court granted his request. However, Assoc.
Justices Campos and Javellana filed a Motion for Reconsideration
since their ranks were affected. They contended that the CA is a
different court from the IAC in which Puno served.
Issues
W/N the CA is a new court or a continuation of IAC
Held

The CA is a new court

o A revolution is a sudden, radical and fundamental
change in the government or political system
o The Aquino governments mandate is taken from a
direct exercise of the power of the Filipino people
and it overtook the legal order at the time since the
legal system ceases to be operative as a whole for it
is no longer obeyed by the population nor enforced
by the officials

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
Aquinos rise to the presidency was not due to
constitutional processes. In fact, it was achieved in
violation of the provisions of the 1973 Constitutions
The Court holds that the CA and IAC existing prior to EO No.
33 phased out as part of the legal system abolished by the
revolution and that the CA established under EO No. 33 was
an entirely new court with appointment thereto having no
relation to earlier appointment to the abolished courts.
o

Republic v. Sandiganbayan
DOCTRINE: The revolutionary government, as the de jure
government in the Philippines, assumed the responsibility for the
States good faith compliance with the International Covenant on
Civil and Political Rights (ICCPR) and the Universal Declaration of
Human Rights, both of which the Philippines is a signatory. Although
the signatories to the Declaration did not intend it as a legally binding
document, being only a declaration, the Court has interpreted the
Declaration as part of the generally accepted principles of
international law and binding on the State. Thus, the revolutionary
government was also obliged under international law to observe the
rights of individuals under the Declaration.
Facts
Immediately after Cory Aquinos assumption to office following the
EDSA Revolution, E.O. No. 1 was issued, creating the Presidential
Commission on Good Government (PCGG). EO No. 1 tasked the
PCGG to recover all ill-gotten wealth of former President Marcos, his
immediate family, relatives, subordinates and close associates. The
PCGG, through its then Chairman Jovito R. Salonga, created an AFP
Anti-Graft Board (AFP Board) tasked to investigate reports of
unexplained wealth and corrupt practices by AFP personnel, whether
in the active service or retired. AFP Board investigated alleged
unexplained wealth of respondent, Major General Josephus Q.
Ramas, a Commanding General of the Philippine Army. In its
investigation of Ramas and his co-defendant and mistress, Elizabeth
Dimaano, wealth amounting to at least P2M and $50,000 was found.
Respondents were recommended to be tried for violation of RA 3019
or the Anti-Graft and Corrupt Practices Act and RA 1379, Forfeiture

of Unlawfully Acquired Property. It was alleged that Ramas acquired

these funds with influence of being Marcos subordinate and close
associate. Ramas filed an answer stating the other properties were
not his, but only the house and lot in La Vista valued at P700,000,
and that the evidence was unlawfully acquired as the properties
confiscated were not explicitly enumerated in the search warrant.
Petitioners averred that during this time, the respondents did not
have rights during the interregnum. The trial was delayed due to lack
of preparation and absence of witnesses and vital documents as
evidence. Ramas and Dimaano filed ther motions to dismiss based
on Republic v. Migrino, stating that the PCGG does not have
jurisdiction to investigate and prosecute military officers by reason of
mere position held without showing that they are indeed
subordinates of former President Marcos.
Issues
1. W/N PCGG has jurisdiction to investigate and cause the
filing of a forfeiture petition against Ramas and Dimaano for
unexplained wealth under RA No. 1379
2. W/N the revolutionary government was bound by the Bill of
Rights of the 1973 Constitution during the interregnum, and
in turn excludes as evidence the confiscated articles and
things of Dimaano and Ramas
Held
1. NO

PCGG can only investigate the unexplained wealth

and corrupt practices of AFP personnel who fall under
either of the 2 categories mentioned: i) AFP
personnel who have accumulated ill-gotten wealth
during the administration of Marcos by being the
latters immediate family, relative, subordinate, or
close associate ii) AFP personnel involved in other
cases of graft and corruption provided the President
assigns their cases to the PCGG. It was held that
Ramas is not a subordinate since a position by a
military officer does not automatically make him a
subordinate. Moreover, there was no indication

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

CONSTITUTIONAL LAW I
Midterms Reviewer
showing that he enjoyed close association with
Marcos

Facts

2. YES

The revolutionary government withheld the

operation of the 1973 Constitution, which
guaranteed respondents exclusionary rights.
According to petitioners, the Bill of Rights have
been suspended an that the government may
confiscate the monies and items taken from
Dimaano and use the same in evidence against
her since at the time of their seizure, private
respondents did not enjoy any constitutional rights.
The revolutionary government, as the de jure
government in the Philippines, assumed the
responsibility for the States good faith compliance
with the International Covenant on Civil and
Political Rights (ICCPR) and the Universal
Declaration of Human Rights, both of which the
Philippines is a signatory. Although the signatories
to the Declaration did not intend it as a legally
binding document, being only a declaration, the
Court has interpreted the Declaration as part of
the generally accepted principles of international
law and binding on the State. Thus, the
revolutionary government was also obliged under
international law to observe the rights of
individuals under the Declaration.

ACCFA v. CUGCO
DOCTRINE: The growing complexities of modern society have
rendered the traditional classification of the functions of government
quite unrealistic. The areas which used to be left to private enterprise
and initiative and which the government was called upon to enter
optionally, and only because it was better equipped to administer for
the public welfare than is any private individual or group of
individuals, continue to lose their well-defined boundaries and to be
absorbed within activities that the government must undertake in its
sovereign capacity if it is to meet the increasing social challenges of
the times.

Agricultural Credit and Cooperative Financing Administration

(ACCFA)s administrative machinery was reorganized and its name
changed to Agricultural Credit Administration (ACA) under the Land
Reform Code. The ACCFA Supervisors Association (ASA) and the
ACCFA Workers Association (AWA) Unions, are labor
organizations composed of the supervisors and the rank and file
employees, respectively in the ACA. On 1961, a collective bargaining
agreement (CBA) for 1 year was entered into by and between the
Unions and the ACCFA. After a few months, the Unions started
protesting for allegations of non-implementation but strikers
voluntarily return to work after a while. On 1952, Unions with its
mother union, the Confederation of Unions in Government
Corporations and Offices (CUGCO) filed a complaint with the CIR
against ACCFA for having allegedly committed acts of unfair labor
practice. The CIR decided in favor of the Unions and ACCFA moved
to reconsider but failed and filed a petition for certiorari in Court.
While the case is pending, the President signed into law the
Agricultural Land Reform Code. On 1964, ASA and AWA filed a
petition for certification election with the CIR praying that they be
certified as the exclusive bargaining agents for the supervisors and
rank and file employees, in the ACA. Trial court certified that AWA
and ASA are the sole and exclusive bargaining representatives of the
rank and file, and supervisors, respectively in ACA. The CIR affirmed
the decision. ACA filed with the SC a petition for certiorari with urgent
motion to stay the CIR order. In this appeal, ACA challenges the
jurisdiction of the CIR to entertain the petition of the Unions for
certification election on the ground that ACA is engaged in
governmental functions
SC held that ACA is engaged in governmental functions. It was in
furtherance of such policy that the Land Reform Code was enacted
and the various agencies, including ACA, established to carry out its
purposes.
The land reform program in the Land Reform Code is beyond the
capabilities of any private enterprise to translate into reality. The

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

10

CONSTITUTIONAL LAW I
Midterms Reviewer
complexities of modern society, however, have rendered the
traditional classification of the functions of government quite
unrealistic, not to say obsolete. Ministerial and governmental
functions continue to lose their well-defined boundaries and are
absorbed within the activities that the government must undertake in
its sovereign capacity if it is to meet the increasing social challenges
of the times and move towards a greater socialization of economic
forces. Corollary, the Union is thus not entitled to a certification
Issues
1. W/N ACA is engaged in governmental functions
2. W/N the Unions are entitled to certification election

Philippine Society for the Prevention of Cruelty to Animals v.

COA
DOCTRINE: The true criterion to determine whether a corporation is
public or private is found in the totality of the relation of the
corporation to the State. If the corporation is created by the State as
the latters own agency or instrumentality to help it in carrying out its
governmental functions, then that corporation is considered public;
otherwise it is private. Moreover, the fact that a certain juridical entity
is impressed with public interest does not, by that circumstance
alone, make the entity a public corporation.
Facts

Held
1. YES

Sec. 3 of the Agricultural Land Reform Code

established ACA together with other government
agencies, to extend credit and similar assistance
to agriculture
The implementation of the land reform program of
the government according to RA 3844 is most
certainly a governmental, not a proprietary
function.
The land reform program in the said Code is
beyond the capabilities of a private enterprise
The law itself declares that the ACA is a
government office

An audit team from the Commission on Audit (COA) visited the office
of Philippine Society for the Prevention of Cruelty to Animals (Phil.
Society) to conduct an audit survey pursuant to COA Office Order
No. 2003-051. Phil Society refused on the ground that it was a
private entity and is not under the jurisdiction of COA. COA General
Counsel issued a Memorandum asserting that Phil Society was
subject to its audit authority. Phil Society filed with COA a Request
for Re-evaluation insisting that it was a private domestic corporation.
However, COA maintained its position. Thereafter, Phil Society
received and assailed Office Order and Letter by COA.
Issues

W/N Phil Society qualifies as a government agency

that may be subject to audit by COA

NO
The Charter Test: test to determine whether a
corporation is government owned or controlled, or
private in nature. Is it created by its own charter for
the exercise of a public function, or by
incorporation under the general corporation law?
Those with special charters are government
corporations subject to its provisions, and its
employees are under the jurisdiction of the Civil

2. NO

Given that ACA is engaged in governmental

functions, under Section 11 of RA 875, strikes
against the government by employees are
prohibited
Hence, respondent Unions are not entitled to the
certification elections. Such certification is
admittedly for purposes of bargaining in behalf of
the employees with respect to terms and
conditions of employment, including the right to
strike as a coercive economic weapon.

Held

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

11

CONSTITUTIONAL LAW I
Midterms Reviewer

Service Commission, and are compulsory

members of the GSIS.
The Charter Test cannot be applied in this case
since it has been introduced by the 1935
Constitution, and not earlier. It follows that the test
cannot apply to the Phil Society, whish was
incorporated by virtue of Act No. 1285, enacted on
19 January 1905.
Phil Society is not under subject to control or
supervision by any agency of the State
Its employees are registered and covered under
the SSS
The fact that a certain juridical entity is impressed
with public interest does not, by that circumstance
alone, make the entity a public corporation

4. Patterns of government
Patterns of applications of constitutional democracy
1. Direct democracy
If the people, organized as the electorate, are the
preponderant power holder
2. Assembly Government
Least known to constitutional theory
Parliament is the representation of the people as
the ascendant power holder
Capable of serving as the organizational tool for
democracy and autocracy
3. Parliamentarism
Most common patter of constitutional-democratic
government
Equilibrium between the independent power
holders, parliament and the government, is

attempted by integrating the latter into the former:

personnel of government are simultaneously
members of the assembly
Such an equilibrium makes it almost impossible for
one of them to gain ascendancy over the other
Interdependence by integration
Prime Minister exercises undisputed supremacy
Power is lost if the majority withdraws its support
Government-cabinet has a pyramidal structure

4. Presidentialism
If the independent power holders, government and
parliament are kept separated but are
constitutionally obligated to corporate for the
formation of the will of the state
Interdependence is achieved by coordination
instead of integration
5. Cabinet government
British version of parliamentary government
Existence of 2 alternating parties possessing even
chances in the long run of becoming the major
party at the general elections
Cabinet is a relatively small committee composed
of the leaders of the majority party
The official leader of the majority winning the
general elections is the prime minister designate
The Commons share in the policy decisions only
to the limited extent that they confirm in principle
Policy control is vested in both houses of the
parliament and in electorate
Cabinet government should be recognized as a
fusion of the 2 independent power holders, cabinet
and parliament, into a single power mechanism in
which the 2 organs are practically integrated

Baquilod. Callejo. Callueng. Evangelista. Gaon. Go. Ladeza. Lim. Marquez. Ramirez. Young.

12