CONSTITUTIONAL LAW I

QUIZ II REVIEWER
CHAPTER
IMMUNITY

DOCTRINE

government who is supposed to

discharge the responsibility or grant
the redress demand.
OF

STATE
-

It is important to determine if the

State is the REAL PARTY IN
INTEREST, that the claim if proved
will be a direct liability of the State
and not merely of the officer
impleaded. If this is shown, the
action can be dismissed as a suit
against the State unless its immunity
had been previously waived.

Where a public official acts without

or in excess of jurisdiction, any injury
caused by him is his own personal
liability and cannot be imputed to
the State.

*The State may not be sued without its

consent*
REASON
1. Infallibility
2. There can be no legal right against the
authority which makes the law on
which the right depends
3. The demands and inconveniences of
litigation will divert the time and
resources of the state from the more
pressing
matters
demanding
its
attention, to the prejudice of the
public welfare
4. Par in parem non habet imperium
the principle of the sovereign equality
of States ; one State cannot assert
jurisdiction over another

CLASSICAL/ABSOLUTE THEORY a
sovereign cannot, without its consent,
be made a respondent in the courts of
another sovereign

RESTRICTIVE THEORY the immunity

of the sovereign is recognized only
with regard to public acts or acts jure
imperii of a state, nut not with regards
to private acts or acts jure getionis
- This theory came about
because of the entry of
sovereign states into purely
commercial
activities
remotely connected with the
discharge of governmental
functions.

APPLICATION:
Actions
are
rarely
instituted directly against the Republic of the
Philippines, presumably because such a step
will provoke resort to the doctrine of State
Immunity and possible dismissal of the
complaint for lack of jurisdiction.
-

The usual practice is to file such

claims against the officer of the

WAIVER OF IMMUNITY
*the doctrine of State Immunity is sometime
called the royal prerogative of dishonesty
QUALIFICATION: the State may, if it so
desires, divest itself of its sovereign
immunity and thereby voluntarily open itself
to suit. In fine, the State may be sued if it
gives its consent.
FORMS OF CONSENT
1. EXPRESS CONSENT may be
manifested either through a general
law or a special law
-

The express consent of the

State to be sued must be
embodied in a duly enacted
statue and may not be given
by a mere counsel of the
government.

a. General law
i. Act
No
3083

the
Government of the Philippine
Islands hereby consents and
submits to be sued upon any
moneyed
claim
involving
liability arising from contract,
express or implied, which
could serve as a basis of civil
1 | Page

action
parties

between

private

ii. C.A. No. 327, as amended by

P.D. No. 1445 a claim
against the government must
first be
filed
with
the
Commission on Audit, which
must act upon it within sixty
days. Rejection of the claim
will authorize the claimant to
elevate the matter to the
Supreme Court on certiorari
and in effect sue the State
with its consent
-

It has been ruled that

writs of execution issued
by regular courts of justice
in connection with money
claims
against
the
Government may not be
implemented without the
same first being referred
to the Commission on
Audit

b. Special Law
i. A special law enacted by
the Philippine Legislature
authorizing an individual
to sue the Philippine
Government for injuries
he had sustained when
his motorcycle collided
with
a
government
ambulance
2. IMPLIED CONSENT given when the
State itself commences litigation or
when it enters into a contract
-

When
the
government
enters into a contracts, for
the State is then deemed to
have divested itself of the
mantle
of
sovereign
immunity and descended to
the level of the ordinary
individual. Having done so, it
becomes subject to judicial
action and process.

Suability would only follow if

the contract is entered into
by the government in its
proprietary
capacity.
Governmental contracts do
not result in implied waiver
of the immunity of the State
from suit.

An agreement to submit any

dispute to arbitration may be
construed as an implied
waiver of immunity from
suit.

LAW ON EQUITY the rule that when the

State itself files a complaint, the defendant is
entitled to file a counterclaim against it.
*when the State gives its consent to be sued,
it does not thereby also consent to the
execution of the judgment against it. Such
execution will require another waiver, lacking
which the decision cannot be enforced
against the State.
SUITS AGAINST GOVERNMENT AGENCIES
1. Incorporated agency has a charter
of its own that invests it with a
separate juridical personality
-

The test of suability is found in its

charter

*Municipal corporations, like provinces

and cities, are agencies of the State when
they are engaged in governmental
functions and therefore should enjoy the
sovereign
immunity
from
suit.
Nevertheless, they are subject to suit
even in the performance of such functions
because their charter provided that they
can sue and be sued.

2. Unincorporated agency it has no

separate juridical personality but is
merged in the general machinery of
the government
-

it has no charter
any suit filed against it is
necessarily an action against the
Philippine Government of which it
is a part
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the test in every case is the nature

of the primary function being
discharged if it is proprietary, it
is suable, and not suable if they
are governmental
the non-suability of the of the
State is available to the agency
even if it is shown that it is
engaged not only in governmental
functions but also, as a sideline, or
incidentally,
in
proprietary
enterprises.

EXEMPETION
REQUIREMENTS

FROM

The mere fact that the State is suable

does not mean that it is liable, waiver
of immunity by the State does not
mean concession of its liability

Suability is the result of the express or

implied consent of the State to be
sued. Liability is determined after
hearing on the basis of the relevant
laws and the established facts.

When the State allows itself to be sued,

all it does in effect is to give the other
party an opportunity to prove, if it can,
that the State is liable. The State, in
many cases, may be suable but not
liable.

ART 2180 NCC, the State shall be

responsible for torts only when it acts
though a special agent and not when
the damage has been caused by the
official or employee to whom the task
done properly pertains.

Municipal corporations are generally

not liable for torts committed by them
in the discharge of governmental
functions and can be held answerable
only if they were acting in a proprietary
capacity

LEGAL

When the State litigates, either

directly or through its authorized
officers, it is not required to put up
a bond for damages, or an appeal
bond, since it can be assumed
that it is always solvent

Neither can the State generally be

asked to pay the legal fees
prescribed in the Rules of Court or
the costs of the suit.

Interest is also not chargeable

against it except when it has
expressly stipulated to pay it or
when interest is allowed by an act
of the legislature or in eminent
domain cases where damages
sustained by the owner take the
form of interest at the legal rate.

It has also been held that statutes

of limitation do not run against the
State unless the contrary is
expressly
provided
by
law,
although this rule is not observed
where the State is engaged in
private business.

CHAPTER 5
FUNDAMENTAL PRINCIPLES AND STATE
POLICIES
ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES

Sec. 1. The Philippines is a democratic

and
republican
State.
Sovereignty
resides
in
the
people
and
all
governmental authority emanates from
them.

Sec. 2. The Philippines renounces war

SUABILITY VS LIABILITY

as an instrument of national policy,

adopts
the
generally
accepted
principles of international law as part of
the law of the land and adheres to the
policy
of
peace,
equity,
justice,
3 | Page

freedom, cooperation, and amity with

all nations.
Purpose of the Preamble:

Sec. 3. Civilian authority is, at all

times, supreme over the military. The

Armed Forces of the Philippines is the
protector of the people and the State.
Its goal is to secure the sovereignty of
the State and the integrity of the
national territory.

1. It indicates the authors of the

Constitution, we, the Filipino people

Sec.

3. It is a useful id in the construction and

interpretation of the text of the
Constitution. This can better be
understood when studied in the light
of the purposes enunciated in the
Preamble.

4.

The prime duty of the

Government is to serve and protect the
people. The Government may call upon
the people to defend the State and, in
the fulfillment thereof, all citizens may
be required, under conditions provided
by law, to render personal military or
civil service.

Sec. 5. The maintenance of peace and

order, the protection of life, liberty,
property, and the promotion of
general welfare are essential for
enjoyment by all the people of
blessings of democracy.

and
the
the
the

Sec. 6. The separation of Church and

State shall be inviolable.

PURPOSE:
TO
EMPHASIZE
AND
ARTICULATE MORE UNEQUIVOCALLY THE
OBJECTIVES
AND
LIMITATIONS
OF
GOVERNMENTAL ACTION IN PURSUIT OF
THE GENERAL GOALS ANNOUNCED IN
THE PREAMBLE.

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 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.

2. It enumerates the primary aims and

expresses the aspirations of the
framers in drafting the Constitution

*benevolent neutrality approach gives

room for accommodation of religious
exercises as required by the Free Exercise
Clause and for accommodation of morality
based on religion, provided it does not offend
compelling state interests
REPUBLICANISM (SECTION I)
*The Constitution describes the Philippines
as a republican and democratic State.
*Democracy essentially a government by
the people
- It grants them the right to interfere in the
affairs of government and challenge any act
tending to prejudice their interest.
- the people can now directly propose and
enact laws or approve or reject any act or
law or part thereof passed by the Congress
or local legislative body, even directly
propose amendments to the Constitution on
initiative
CHARACTERISTICS
STATE

OF

REPUBLICAN

1. The people are declared supreme.

Every
citizen
is
an
individual
repository of sovereignty.
Justice Laurel an enfranchised
citizen is a particle of popular
4 | Page

sovereignty and is the ultimate

source
of
the
established
authority

one when protected by the bill

of rights
5. Ours is a A GOVERNMENT
LAWS AND NOT OF MEN.

2. A
representative
government,
a
government run by and for the people.
It is not a pure democracy where the
people govern themselves directly.

The essence of republicanism is

representation and renovation,
the selection by the citizenry of
a corps of public functionaries
who derive their mandate from
the people and act on their
behalf, serving for a limited
period only, after which they are
replaced or retained at the
option of their principal.

3. It is a responsible government whose

officials hold and discharge their
position as a PUBLIC TRUST and
shall, according to the Constitution, AT
ALL TIMES BE ACCOUNTABLE TO THE
PEOPLE they are sworn to serve

In the election of the members

themselves, the winners are
those who receive the highest
number of votes in their
respective constituencies, or a
mere PLURALITY which may
not necessarily be a majority of
the total votes cast.
In the Sandiganbayan, the
dissent of one member will
prevent a decision of the other
two members of the division as
a unanimous vote is require for
such decision majority of

The ascendancy of the law is

axiomatic in a republic and
must be recognized by every
public official no matter how
exalted.
NO
PERSON
IS
ABOVE THE LAW; ALL MUST
BOW TO ITS MAJESTY. Every
official act must be based upon
and conform to the authority of
a valid law, lacking which the
act must be rejected. Nobility of
intention
is
insufficient
to
validate an unauthorized act.

1. The existence of a bill of rights;

2. The observance of the rule of
majority;
3. The observance of the principle that
ours is a government of laws, and not
of men;
4. The presence of elections through
popular will;
5. The observance of the principle of
separation of powers and the system
of checks and balances;
6. The observance of the principle that
the
legislature
cannot
pass
irrepealable laws;
7. The observance of the law on public
officers; and
8. The observance of the principle that
the State cannot be sued without its
consent.

4. The
purpose
of
a
republican
government is the promotion of the
common welfare according to the
will of the people. This WILL is
usually determined by the rule of the
majority, the greater number of the
people.
(Express
through
the
enactment of laws by the law making
body.)

OF

DEFENSE OF THE STATE ( SECTION IV)

-

This provision is based upon the

inherent right of every State to
existence and self-preservation. By
virtue of this right, a State may take up
all necessary action, including the use
of armed forces, to repel any threat to
its security.

5 | Page

ART 14, SECTION 4 the armed forces

of the Philippines shall be composed of
a citizen armed force which shall
undergo military training and serve, as
may be provided by law. (C.A. NO. 1
NATIONAL DEFENSE ACT)

The duty of the Government to defend

the State cannot be performed except
through an army. To leave the
organization of an army to the will of the
citizens would be to make this duty of
the Government excusable should there
be no sufficient men who volunteer to
enlist therein.

The duty to defend the State is imposed

upon all citizens, including women, and
that the military or civil service that
may be required of them by law must be
PERSONAL. This precludes the hiring by
the
rich
of
mercenaries
or
professional soldiers to take their
place in the defense of the State.

PEACE AND ORDER

p2lp, gw, e, BoD)

(SECTION V) (p&o,

INCORPORATION CLAUSE (SECTION 2)

-

Every State is, by reason of its

membership in the family of nations,
bound by the generally accepted
principles of international law, which
are considered to be automatically
part of its own laws. DOCTRINE OF
INCORPORATION
Under
the
1987
Constitution,
international law can become part of
the sphere of domestic law either by
transformation or incorporation.
o

TRANSFORMATION METHOD
an international law be
transformed into a domestic
law through a constitutional
mechanism such as local
legislation

INCORPORATION METHOD
by
mere
constitutional
declaration, international law is
deemed to have the force of
domestic law.

Generally accepted principles of

international law, by virtue of the
incorporation
clause
of
the
Constitution, form part of the laws of
the land even if they do not derive
from
treaty
obligations.
Ex.
Renunciation of war as an instrument
of national policy, the principle of
sovereign immunity, a persons right
to life, liberty and due process, and
pacta sunt servanda, among others

KURUDA V. JALANDONI
Facts: Petitioner challenged the jurisdiction
of the military commission trying him,
contending that the Philippines was not
covered by the HAGUE CONVENTION under
which he was being prosecuted, since the
Philippines was not a signatory to this
agreement.
Held: We are bound by that convention
because it embodied generally accepted
principles of international law binding upon
all States.
TREATY VS EXECUTIVE AGREEMENTS
Treaty a treaty has greater dignity than an
executive agreement because its
constitutional efficacy is beyond
doubt, a treaty having behind it the
authority of the President, the Senate,
and the people
- A ratified treaty, unlike an executive
agreement, takes precedence over
any prior statutory enactment

STATE POLICIES

6 | Page

Section 7. The State shall pursue an

independent foreign policy. In its
relations
with
other
states,
the
paramount
consideration
shall
be
national
sovereignty,
territorial
integrity, national interest, and the
right to self-determination.
Section 8. The Philippines, consistent
with the national interest, adopts and
pursues a policy of freedom from
nuclear weapons in its territory.
Section 9. The State shall promote a
just and dynamic social order that will
ensure
the
prosperity
and
independence of the nation and free the
people from poverty through policies
that provide adequate social services,
promote full employment, a rising
standard of living, and an improved
quality of life for all.
Section 10. The State shall promote
social justice in all phases of national
development.
Section 11. The State values the dignity
of every human person and guarantees
full respect for human rights.
Section 12. The State recognizes the
sanctity of family life and shall protect
and strengthen the family as a basic
autonomous social institution. It shall
equally protect the life of the mother
and the life of the unborn from
conception. The natural and primary
right and duty of parents in the rearing
of the youth for civic efficiency and the
development of moral character shall
receive the support of the Government.
Section 13. The State recognizes the
vital role of the youth in nation-building
and shall promote and protect their

physical, moral, spiritual, intellectual,

and social well-being. It shall inculcate
in the youth patriotism and nationalism,
and encourage their involvement in
public and civic affairs.
Section 14. The State recognizes the
role of women in nation-building, and
shall ensure the fundamental equality
before the law of women and men.
Section 15. The State shall protect and
promote the right to health of the
people and instill health consciousness
among them.
Section 16. The State shall protect and
advance the right of the people to a
balanced and healthful ecology in
accord with the rhythm and harmony of
nature.
Section 17. The State shall give priority
to education, science and technology,
arts, culture, and sports to foster
patriotism and nationalism, accelerate
social progress, and promote total
human liberation and development.
Section 18. The State affirms labor as a
primary social economic force. It shall
protect the rights of workers and
promote their welfare.
Section 19. The State shall develop a
self-reliant and independent national
economy
effectively
controlled
by
Filipinos.
Section 20. The State recognizes the
indispensable role of the private sector,
encourages private enterprise, and
provides
incentives
to
needed
investments.

7 | Page

Section 21. The State shall promote

comprehensive rural development and
agrarian reform.

complementary roles of the parents and

the government in rearing the youth
-

PRIMARY PURPOSE: civic efficiency (look

after your neighbor and not only after
yourself) and the development of moral
character ( right and wrong; experience,
guidance and correction by parents ;
development of conscience )

It has been observed that the family is

the basic and the most important
institution of society. It is in the family
where children are born and molded
either to become useful citizens of the
country or troublemakers in the
community.

Section 24. The State recognizes the

vital
role
of
communication
and
information in nation-building.

shall equally protect the life of the

mother and the life of the unborn
from conception

Section 25. The State shall ensure the

autonomy of local governments.

it is now sought to promote not only the

civic efficiency and moral character of
our young citizens but also their
physical, moral, spiritual, intellectual
and social well-being so that they will be
fully prepared when they assume
their responsibility of leadership in
the direction of our countrys
destiny.

ART. 14, SEC 1 requires the State to

protect and promote the right of all
citizens to quality education at all
levels and to take all appropriate
steps
to
make
such
education
accessible to all besides providing free
public elementary and also secondary
education.

Section 22. The State recognizes and

promotes the rights of indigenous
cultural
communities
within
the
framework
of
national
unity
and
development.
Section 23. The State shall encourage
non-governmental,
community-based,
or sectoral organizations that promote
the welfare of the nation.

Section 26. The State shall guarantee

equal access to opportunities for public
service and prohibit political dynasties
as may be defined by law.
Section 27. The State shall maintain
honesty and integrity in the public
service and take positive and effective
measures against graft and corruption.
Section
28. Subject
to
reasonable
conditions prescribed by law, the State
adopts and implements a policy of full
public disclosure of all its transactions
involving public interest.

WOMENT (ART. II, SECTION 14)

REARING OF THE YOUTH ( SECTION 12 &
13)
-

The theory is that the better the home,

the better the nation; and also that the
strength of the family lies in the correct
upbringing of its children. Proper
recognition
is
given
to
the

This provision will need implementation

by the legislature

RA 9262 enacted to protect women

and their children from violence and
threats to their personal safety and
security.

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SOCIAL JUSTICE (ARTICLE II, SECTION 9,

10, 11, 18, 21)
-

One of the most serious problems of the

nation is the acute imbalance between
the rich and the poor and the resultant
divisiveness and hostility between them.
This polarization has created an explosive
situation that, unless corrected in time,
may lead to a violent social upheaval.

Laws which have for their object the

preservation and maintenance of social
justice are not only meant to favor the
poor and the underprivileged. They apply
with
equal
force
to
those
who,
notwithstanding their more comfortable
situation in life, are equally deserving of
protection from the courts. Social justice
is not a license to trample on the rights of
the rich in the guise of defending the
poor, where no act of injustice or abuse is
being committed against them.

SEPARATION OF CHURCH AND STATE

( ART II, SEC 6)
-

The separation of Church and State shall

be inviolable

RATIONALE: strong fences make good

neighbors.
- The idea is to delineate the
boundaries
between
the
two
institutions
and
thus
avoid
encroachments by one against the
other because of a misunderstanding
of the limits of their respective
exclusive jurisdictions.
1. A union of Church and State tend to
destroy government and to degrade
religion.
2. It is also likely to result in a
conspiracy,
well
nigh
irresistible
because of its composite strength,
against the individuals right to
worship.

ACCORDING TO JUSTICE LAUREL:

Social justice
-

Neither communism, nor despotism, nor

atomism,
nor
anarchy,
but
the
humanization
of
laws
and
the
equalization of social and economic
forces by the State so that justice in its
rational
and
objectively
secular
conception
may
at
least
be
approximated.
Means the promotion of the welfare of
all the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
component elements of society, through
the maintenance of a proper economic
and
social
equilibrium
in
the
interrelations of the members of the
community, constitutionally, through
the adoption of measures legally
justifiable,
or
extra-constitutionally,
through
the
exercise
of
powers
underlying
the
existence
of
all
governments on the time-honored
principle
of
SALUS
POPULI
EST
SUPREMA LEX.

SUPREMACY
(SECTION 3)
-

OF

CIVILIAN

AUTHORITY

Although this is implicit in a republican

system of government, it was felt
advisable to expressly affirm this
principle in order to allay all fears of a
military take-over of our civilian
government.

ARTICLE VII, SECTION 18 the President,

who is a civilian official, shall be the
commander-in-chief of all the armed forces
of the Philippines.
-

Civilian authority is at all times

superior over the military
A
civilian
President
is
the
ceremonial, legal and administrative
head of the armed forces
The military power of the President
includes: the power to prevent, as
Commander-in-Chief,
military
9 | Page

personnel
from
testifying
in
legislative inquires; to confirm,
mitigate and remit sentences of
erring military personnel
LOCAL AUTONOMY (SECTION 25, 1973
CHARTER)
-

The State shall ensure the autonomy

of local governments.
Strengthening of local governments
is based on the JEFFERSONIAN
VIEW: municipal corporations
are the small republics from
which the great one derives its
strength.

ECONOMY (ARTICLE II, [XII], SEC 19, 20,

21)
MISCELLANEOUS (ART II, SEC 15, 16, 17,
22, 23, 24, 26, 27, 28)

CHAPTER VI
SEPARATION OF POWERS
The cardinal postulate explains that the
three branches must discharge their
respective functions within the limits of
authority conferred by the Constitution.
Under the principle of separation of powers,
neither Congress, the President, nor the
Judiciary may encroach on fields allocated to
the other branches of government.
ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be
vested in the Congress of the Philippines
which shall consist of a Senate and a House
of Representatives, except to the extent
reserved to the people by the provision on
initiative and referendum.
ARTICLE VII
EXECUTIVE DEPARTMENT

Section 1. The executive power shall be

vested in the President of the Philippines.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be
vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of the courts
of justice to settle actual controversies
involving
rights
which
are
legally
demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
PURPOSE
The doctrine of separation of powers is
intended to prevent a concentration of
authority in one person or group of persons
that might lead to an irreversible error or
abuse in its exercise to the detriment of our
republican institution.
JUSTICE LAUREL: The doctrine is intended
to (1) secure action, (2) to forestall overaction,
(3)
to
prevent
despotism
(absolutism), (4) to obtain efficiency.
*To achieve these purposes, the legislature
is generally limited to (1) the enactment of
laws and (2) may not enforce or apply them;
the executive to the (1) enforcement of
laws and (2) may not enact or apply them;
and the judiciary (1) to the application of
laws and (2) may not enact or enforce them.
BLENDING OF POWERS
-

There
are
instances
under
the
Constitution when powers are not
confined
exclusively
within
one
department but are in fact assigned to
or shared by several departments. As a
10 | P a g e

result of this blending of powers, there

is some difficulty in classifying some of
them as definitely legislative, executive
or judicial.
It is often necessary for certain powers
to be reposed in more than one
department, so that they may better
collaborate with and, in the process,
check each other for the public good.

Examples: enactment of the general

appropriations law, the grant of amnesty by
the President, the Commission on Elections
does not alone deputize law-enforcement
agencies and instrumentalities of the
government but does so with the consent of
the President.

2. IMPLIED even in the absence of

an express conferment, the exercise
of a given power may be justified
under
the
DOCTRINE
OF
IMPLICATION, which is based on the
theory that the grant of an express
power carries with it all other
powers that may be reasonably
inferred from it.

CHECKS AND BALANCES

1. One department is allowed to resist
encroachment upon its prerogatives
2. To rectify mistakes or excesses
committed by the other departments

THE ROLE OF THE JUDICIARY

-

final arbiter

When the Supreme Court mediates to

allocate constitutional boundaries or
invalidates the acts of a coordinate
body, what it is upholding is not its own
supremacy but the supremacy of the
Constitution

Electoral
Commission

necessary to the proper

exercise of the express power
granted to the body to hear
and decide election contests
involving members of the
legislature
The
power
to
punish
contempt, although expressly
judicial, can unquestionably
be
exercised
by
the
legislature

3. INHERENT/ INCIDENTAL those

powers
which
although
not
specifically
granted
by
the
Constitution either expressly or by
implication may be justified as
inherent or incidental.

DETERMINATION OF VALID EXERCISE OF

POWER
1. EXPRESS Whether or not the
power in question, regardless of its
nature, has been constitutionally
conferred upon the department
claiming its exercise. The grant
being ascertained, the exercise of
the power is sustained
- Conferment of power is
usually done expressly
The legislative power of
Congress

The executive power of the

President
The judicial power in the
Supreme Court and such
lower courts

The President, as head of the

government,
may
independently
of
constitutional or statutory
authority deport undesirable
aliens as an act of State
The Congress can punish any
person who impugns its
integrity without proof
The court may claim the
contempt power inherent in
the judiciary

JUSTICABLE AND POLITICAL QUESTIONS

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ART VII, SECTION 18

Assuming that the proper repository of the
power in question has been ascertained on
the basis of a valid constitutional grant, is
the power of the judiciary to review official
action terminated? Not necessarily, because
it could be that the act in question had not
been performed in accordance with the rules
laid down by the Constitution.

It is expressly provided that the

Supreme Court may review, in an
appropriate proceeding filed by any
citizen, the sufficiency of the factual
basis of the proclamation of martial
law or the suspension of the privilege
of the writ of habeas corpus or the
extension thereof.

JUSTICE MAKASIAR :
CHAPTER 7
A purely justiciable question implies a given
right, legally demandable and enforceable,
and act or omission violative of such right,
and a remedy granted and sanctioned by
law, for breach of such right.
-includes the duty.., to determine whether or
not there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government
POLITICAL QUESTION:
The term political question connotes what it
means in ordinary parlance, namely, a
question of policy. It refers to those
questions which, under the Constitution, are
to be decided by the people in their
sovereign capacity; or in regard to which full
discretionary authority has been delegated
to the legislative or executive branch of the
government. It is concerned with issues
dependent upon the wisdom, not the
legality, of a particular measure.
Political questions are neatly associated with
the wisdom, not the legality of a particular
act. Where the vortex of the controversy
refers to the legality or validity of the
contested act, that matter is definitely
justiciable or non-political.
GRAVE ABUSE
-

Excess of jurisdiction
Lack of jurisdiction
Attended by bad faith

DELEGATION OF POWERS
COROLLARY TO THE DOCTRINE of separation
of powers is the principle of non-delegation
of powers.
The rule is postestas delegate non delegari
potest what has been delegated cannot be
delegated. It is based upon the ethical
principle
that
such
delegated
power
constitutes not only a right but a duty to be
performed by the delegate through the
instrumentality of his own judgment and not
through the intervening minds of another. A
further delegation of such power, unless
permitted by the sovereign power, would
constitute a negation of this duty in violation
of the trust reposed in the delegate
mandated to discharge it directly.
Except: LEGISLATVE- the delegation of
legislative power has become the rule and its
non-delegation the exception.
WHY?
- The reason is the increasing complexity
of the task of government and the
growing inability of the legislature to
cope directly with the many problems
demanding its attention. The growth of
society has ramified its activities and
created peculiar and sophisticated
problems that the legislature cannot be
expected reasonably to comprehend.
- Specialization even in legislation has
become necessary.
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To many of the problems attended

upon present-day undertakings, the
legislature
may
not
have
the
COMPETENCE to provide solutions.

PERMISSIBLE DELEGATION
1. Delegation of tariff powers to the
president
2. Delegation of emergency powers to
the president
3. Delegation to the people at large
4. Delegation to the local government
5. Delegation to administrative bodies
Why are there limitations? TO PREVENT
TOTAL ABDICATION OF LEGISLATIVE
AUTHORITY
(1)TARIFF POWER
Sec. 28 (2). The Congress may by
law authorize the President to fix
within specified limits, and subject to
such limitations and restrictions as it
may impose, tariff rates, import and
export quotas, tonnage and wharfage
dues, and other duties and imposts,
within the framework of the national
development
program
of
the
Government.
-

Delegation of tariff powers is in the

TARIFF AND CUSTOMS CODE
(2)EMERGENCY POWERS
Sec. 23(2). In times of war or other
national emergency, the Congress
may by law authorize the President,
for a limited period and subject to
such restrictions as it may prescribe,
to exercise powers necessary and
proper to carry out a declared national
policy. Unless sooner withdrawn by
resolution of the Congress, such

powers shall cease upon its next

adjournment.
CONDITIONS FOR THE VESTURE
OF EMERGENCY POWERS:
(1) There must be war or other
national emergency.
(2) The delegation must be for a
limited period only.
(3) The delegation must be subject to
such restrictions as the Congress
may prescribe.
(4) The emergency powers must be
exercised to carry out a national
policy declared by the Congress.
-

The emergency powers are selfliquidating

unless
sooner
withdrawn, in the sense that
they will automatically cease
upon the end of the emergency
that justified their delegation.

- To prevent the delegation from being a

total
surrender
of
legislative
authority, it must be subject to the
restrictions to be prescribed by the
Congress. The specific requirement of
the Constitution is that the President
may be authorized to exercise powers
NECESSARY AND PROPER only for
the purpose of carrying out a national
policy declared not by him but by the
Congress.
DELEGATION TO THE PEOPLE
According to COOLEY: the prevailing
doctrine in the courts appears to be, that,
except in those cases where, by the
Constitution, the people have expressly
reserved to themselves a power of decision,
the function of the legislation cannot be
exercised by them, even to the extent of
accepting or rejecting a law which has been
framed for their consideration. THE PEOPLE
HAVE VOLUNTARILY SURRENDERED THAT
POWER
WHEN
THEY
ADOPTED
THE
CONSTITUTION. The government of the state
is democratic, but it is a representative
13 | P a g e

democracy, and in passing general laws the

people act only through their representatives
in the legislature. Such reference of the law
to the people at large for acceptance or
rejection is plain surrender of the law-making
power.
Referendum traditionally defined as a
method
of
submitting
an
important
legislative measure to a direct vote of the
whole people
Plebiscite the questions submitted are
intended to work more permanent changes
in the political structure, like a proposal to
amend the Constitution
- According to Strong: the term
plebiscite means literally a
decree of the people. the
plebiscite is a device to obtain a
direct popular vote on a matter
of political importance, but
chiefly in order to create some
more or less permanent political
condition.

RA 6735

(a) "Initiative" is the power of the people to

propose amendments to the Constitution or
to propose and enact legislations through an
election called for the purpose.
There are three (3) systems of initiative,
namely:
a.1 Initiative on the Constitution
which refers to a petition proposing
amendments to the Constitution;

a.2. Initiative on statutes which

refers to a petition proposing to enact
a national legislation; and
a.3. Initiative on local legislation
which refers to a petition proposing to
enact a regional, provincial, city,
municipal, or barangay law, resolution
or ordinance.
(b) "Indirect initiative" is exercise of
initiative by the people through a proposition
sent to Congress or the local legislative body
for action.
(c) "Referendum" is the power of the
electorate to approve or reject a legislation
through an election called for the purpose. It
may be of two classes, namely:
c.1. Referendum on statutes which
refers to a petition to approve or reject
an act or law, or part thereof, passed
by Congress; and
c.2. Referendum on local law which
refers to a petition to approve or reject
a law, resolution or ordinance enacted
by regional assemblies and local
legislative bodies.
(e) "Plebiscite" is the electoral process by
which an initiative on the Constitution is
approved or rejected by the people

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