Barcelona, Bautista, Ong, Tenajeros
THE PHILIPPINE CONSTITUTION
DEFINITIONS, NATURE, AND CONCEPTS
Political Law (Macariola v. Asuncion)
It is a branch of public law which deals with the organizations
and operations of the governmental organs of the State and
defines the relations of the State with the inhabitants of its
territory.
Subjects covered by and included in the study of Philippine Political Law
1. Constitutional Law It is a branch of public law which treats
of constitutions their nature, formation, amendment, and
interpretation; guaranties of the constitution to individual rights
and the limitations on governmental action
2. Administrative Law It is a study of the laws that regulate
the administrative organization and operations of the
governmental organs of the state and determines the
competence of the administrative authorities and the remedies
available to the individual in case of violation of his rights;
exercise of executive power in the making of rules and the
decision of questions affecting private rights
3. Election Law It is a study of laws, rules, and procedures
involving the conduct of the election of all public officials who
will exercise the powers of government as allocated to and
within their functions and responsibilities
4. Law of Public Officers It is a study of the creation,
modification and dissolution of public office as well as the
eligibility of public officers, the manner of their election or
appointment and assumption of office, their rights, duties,
powers, inhibitions and liabilities, and the modes of terminating
ethical relations
5. Law of Municipal Corporations it is a study of the general
principles governing municipal corporations, the laws affecting
the creation, organization and the government of provinces,
1 3
Suarez. Political Law Reviewer (2002), 2.
2
Constitutional Law, Blacks Law Dictionary, 10th ed. (West Group, 2014), 1.
Constitutional Law I Midterm Reviewer Page 1 of 16
cities, municipalities and barangay; the scope and application of
the powers of municipal ordinances, contracts, liabilities and
enterprises1
CONSTITUTIONAL LAW
Is that department of the science of law which treats the
nature of constitutions, their establishment, construction
and interpretation, and of the validity of legal enactments as
tested by the criterion of conformity to the fundamental
law 2
Is the study of 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 Rights3
True role is to effect an equilibrium between authority and
liberty so that rights are exercised within the framework of
the law and the laws are enacted with due deference to
rights
Fundamental Powers of the State
Police Power
Power of Eminent Domain
Power of Taxation
*Common objective: co-existence
*Ultimate goal: a well-ordered society based on the
inviolability of rights which, although they may not be
curtailed arbitrarily, may nevertheless be regulated for the
common good.
CONSTITUTION
It is a body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised (Cooley)
Isagani A. Cruz, Constitutional Law (Central Lawbook Publishers (2007)).
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 2 of 16

It is a 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
BASIC PRINCIPLES
1. The Constitution is the Supreme Law of the Land (TMPC
v. LTWD)
It is a legislation direct from the people acting in their sovereign
capacity, hence, it is more superior than any other law or
statute.
2. It is the symbol and monument of the peoples will
3. Outlines the infrastructures of the government
4. Must be obeyed by all
5. May be modified either by Amendment or Revision
6. The Courts are the ultimate guardians of our Constitution
Enacted (Conventional) is enacted, formally struck off
at a definite time and place following a conscious or
deliberate effort taken by a constituent body or ruler.
Evolved (Cumulative) is the result of political
evolution, not inaugurated at any specific time but changing
by accretion rather that by any systematic method5
3. Rigid or Flexible
Rigid one which can be amended only through a formal
and difficult process6
Flexible can be amended by ordinary legislation as in the
case of an unwritten constitution7
Note: The Philippine Constitution is written, conventional and
rigid. It is embodied in one document and can be amended only by a
formal and usually difficult process.
Effectivity of the Constitution: The 1987 Constitution took effect
on February 2, 1987, the date of its ratification in the plebiscite held on
that same date and not on the date its ratification was proclaimed (De
Leon v Esguerra, GR No. L78059, August 31, 1987)

CLASSIFICATION OF CONSTITUTIONS CHARACTERISTICS OF CONSTITUTIONS

1. Written or Unwritten a. Permanence
Written is one whose precepts are embodied in one b. Exclusiveness
document or set of documents4 c. Comprehensiveness
Unwritten consists of rules which have not been d. Absoluteness
integrated into a single, concrete form but are scattered in e. Indivisibility
various sources, such as statutes of a fundamental character, f. Inalienability
judicial decisions, commentaries of publicists, customs and g. Imprescriptibility
traditions, and certain common law principles (Ibid)
2. Enacted (Conventional) or Evolved (Cumulative) ESSENTIAL QUALITIES OF THE WRITTEN
CONSTITUTION

4 6
Cruz, Constitutional Law. Ibid.
5 7
Ibid. Cruz, Constitutional Law.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
1. Broad because it is through it that the fundamental powers
of government are established, limited and defined, and by
which those powers are distributed among the several
departments of government for their safe and useful exercise
and for the benefit of the body politic8
2. Brief it must be brief because it is not intended to go into
details of organization. The details are left to Congress which
will be in a better position to find out what specific legislation
is needed from time to time 9
3. Definite to prevent ambiguity in its provisions which could
result in confusion and divisiveness among the people 10
PARTS OF THE CONSTITUTION
1. Constitution of Government the series of provisions
outlining the organization of the government, enumerating its
powers, laying down certain rules relative to its administration,
and defining the electorate (e.g. Arts. VI, VII, VIII and IX, which
establishes the structure of government, its branches and their
operation).
2. Constitution of Sovereignty the provisions pointing out
the mode or procedure in accordance with which formal
changes in the fundamental law may be brought about (e.g. Art.
XVII, which provides how the constitution may be changed).
3. Constitution of Liberty the series of prescriptions setting
forth the fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a means
of securing the enjoyment of those rights (e.g. Art. III, which
states the fundamental rights of the people).
Interpretation of the Constitution
1. Verbal legis whenever possible, the words used in the
Constitution must be given their ordinary meaning, except
where technical terms are employed
8 10
Suarez, Political Law.
9
Ibid.
Page 3 of 16
2. Ratio legis est anima where there is ambiguity, the words
of the Constitution should be interpreted in accordance with
the intent of the framers
3. Ut magis valeat quam pereat the Constitution has to be
interpreted as a whole (Francisco v HOR, GR No. 160261,
November 10, 2003)
AMENDMENTS AND REVISIONS
(ART XVIII AMENDMENTS OF REVISIONS)
Amendment an addition or change within the lines of the
original constitution as will effect an improvement, or better
carry out the purpose for which it was framed; a change that
adds, reduces or deletes without altering the basic principles
involved; affects only the specific provision being amended
Revision a change that alters a basic principle in the
constitution, like altering the principle of separation of powers
or the system of check-and-balances; alters the substantial
entirety of the constitution, as when the change affects
substantial provisions of the constitution.
AMENDMENT vs. REVISION
Revision generally affects several provisions of the Constitution, while
Amendment generally affects only the specific provision being
amended [Id.] This distinction is significant because the 1987
Constitution allows peoples initiative only for the purpose of amending,
not revising the Constitution. [see Lambino, supra]
LEGAL TESTS
Lambino considered the two-part test:
1. Quantitative test the court examines only the number of
provisions affected and does not consider the degree of the
change
Cruz, Constitutional Law, 5-6.
Barcelona, Bautista, Ong, Tenajeros
2. Qualitative test whether the change will accomplish such
far reaching changes in the nature of our basic governmental
plan as to amount to a revision; The changes include those to
the fundamental framework or the fundamental powers of its
Branches, and those that jeopardize the traditional form of
government and the system of check and balances. Whether
there is an alteration in the structure of government is a proper
subject of inquiry. [See Lambino, supra]
MEANS & MODES OF AMENDMENT & REVISION OF THE
CONSTITUTION
1. Congress (as a Constituent Assembly) formed by a vote
of of ALL its members.
2. Constitutional Convention called into existence by 2/3 of
all members of Congress OR the electorate, in a referendum
called for by a majority of all members of Congress. 11
3. People (through a Peoples Initiative) petition of at least
12% of the total number of registered voters; every legislative
distinct must be represented by at least 3% of the registered
voters therein.
a. Limitation on Initiative: No amendment in this manner
shall be authorized (1) within 5 years following the
ratification of the 1987 Cont. nor (2) more often than
once every 5 years thereafter.
b. Enabling Law: Constitutional provision on amendments
via Peoples Initiative not self-executory [Santiago v
COMELEC]
STEPS IN THE AMENDATORY PROCESS
1. Proposal the adoption of the suggested change in the
Constitution
a) Congress (as a Constituent Assembly)
b) Constitutional Convention
c) People (through a Peoples Initiative)
11
Sec. 3 Art. XVII, 1987 CONSTITUTION OF THE REPUBLIC OF THE P HILIPPINES.
Constitutional Law I Midterm Reviewer Page 4 of 16
2. Ratification the proposed amendment shall be submitted to
the people and shall be deemed ratified by the majority of the
votes cast in the plebiscite, held not earlier than 60 days nor
later than 90 days:
a) After approval of the proposal by Congress or ConCon;
b) After certification by the COMELEC of sufficiency of
petition of the people
Doctrine of Proper Submission
A plebiscite may be held on the same day as a regular election
[Gonzales v COMELEC (1967)]. The entire Constitution
must be submitted for ratification at one plebiscite only.
The people must have a proper frame of reference.
[Tolentino v COMELEC (1971)]. No piecemeal submission,
e.g. submission of age amendment ahead of other proposed
amendments. [Tolentino, supra]
Judicial Review of Amendments
The validity of the process of amendment is not a political
question because the Court must review if constitutional
processes were followed [Lambino]
SELF EXECUTING AND NON SELF-EXECUTING
Self-executing provisions which are complete in themselves
and do not need enabling legislation for their operation ;
judicially enforceable per se. The nature and extent of the right
conferred and the liability imposed are fixed by the constitution
itself (Manila Prince Hotel v GSIS 1997)
*General Presumption: All provisions of the Constitution are
self-executing [Id.]
Exemption: Statements of general principles, such as those in
Art. II are usually non self-executing. (Id.) Other examples in
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 5 of 16

jurisprudence: constitutional provisions on personal dignity,
sanctity of family life, vital role of the youth in nation-building,
values of education, social justice and human rights, promotion
of total human liberation and development are merely
guidelines for legislation
Non-Self-executing provisions which merely lay down a
general principle [Manila Prince, supra]
(c) May not be appointed or designated to a civilian position in
the government including GOCCs or their subsidiaries
(d) Laws on retirement of military officers shall not allow
extension of their service
(e) Recruited proportionately from all provinces and cities as far
as practicable
(f) Tour of duty of the Chief of Staff shall not exceed three
years14

General Rule: The principles in Article II are not intended to be (3) Police Force
self-executing principles ready for enforcement through courts. They (a) One police force
are used by the judiciary as aids or as guides in the exercise of its (b) National in scope
power of judicial review, and by the legislature in its enactment of (c) Civilian in character
laws (Tanada v Angara, GR No. 118295, May 2, 1997, Espinosa v
Zamora (2001)) (4) Consumer Protection

GENERAL PROVISIONS (5) Mass Media

ART. XVI GENERAL PROVISIONS 12 a. ownership and management limited to
(i) citizens of the Philippines or
(1) Flag of the Philippines (ii) corporations, cooperatives or associations wholly-owned
(a) Red, white and blue, with a sun and three stars and managed by Filipino citizens
(b) Design of the flag may be changed only by constitutional
amendment13 (6) Advertising Industry
(a) Can only be engaged in by (i) Filipino citizens or (ii)
(a) Name of the country, national anthem, and national seal corporations or associations at least 70% of which is owned
(b) May be changed by Congress by law by Filipino citizens
(c) Such law will only take effect upon ratification by the people (b) Participation of foreign investors is limited to their
in a national referendum proportionate share in the capital
(c) Managing officers must be Filipino citizen
(2) Armed Forces of the Philippines
(a) Composed of a citizen armed force PREAMBLE
(b) Shall take an oath of affirmation to uphold and defend the We, the sovereign Filipino, imploring the aid of Almighty God, in order
Constitution to build a just and humane society and establish a government that shall

12 14
Art. XVI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. Sec. 5(7), Art. XVI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
13
1987 Constitution of the Republic of the Philippines, A Commentary (Joaquin G.
Bernas, S.J.).
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
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.
Objective and Value
1.) Tells us who the authors of the Constitution are and for whom
it was promulgated (i.e. The Filipino People)
2.) States the general purposes which the Constitution and the
government established under it intend to achieve, and the basic
principles underlying the fundamental charter.
ARTICLE I THE NATIONAL TERRITORY
A. It is NOT the Constitution which fixes the extent of Philippine
territory
a. Silence as regards territories to which the Philippines is
entitled under international law is not a waiver or
deprivation of the right to such territories
b. The constitutional provision is important for
educational value15 and for the preservation of
national wealth, security, and solidarity. 16
B. Composition of National Territory
a. The Philippine archipelago - That body of water studded
with islands which is delineated in the Treaty of Paris
and modified by the Treaty of Washington. 17
b. All other territories over which the Philippines has
sovereignty or jurisdiction Asserts a legal situation in
which a disputed territory can have a place in Philippine
15
1987 Constitution of the Republic of the Philippines, A Commentary (Joaquin G.
Bernas, S.J.), p. 29.
16
Ibid., 9.
17
The 1973 and 1987 Constitutions omitted mention of these treaties in the hopes
of fumigating the provision of all colonial vermin, but the Philippine Archipelago
corresponds to the territories defined therein.
Page 6 of 16
territory depending on the outcome of said dispute (e.g.
Sabah)
c. The territorial sea, seabed, subsoil, insular shelves, and
other submarine areas corresponding to the first two
This is in consonance with Art. 2 of the 1982
Convention on the Law of the Sea. 18
C. Archipelagic Principle
a. This is the principle that the Philippines exercises
sovereignty over both its internal waters, but also its
territorial sea.
i. Internal Waters: Waters around, between, and
connecting the islands of the archipelago,
irrespective of their width and dimensions19
ii. Territorial Sea: Every State has the right to
establish the breadth of its territorial sea up to a
limit not exceeding 12 nautical miles, measured
from baselines determined in accordance with
this Convention.20
b. Under RA 9522, the Philippines adopts the Straight
Baseline Method to determine its territorial sea.
i. This involves the drawing of straight lines
connecting appropriate points on the coasts
without departing to any appreciable extent
from the general direction of the coast.
ii. Baselines are therefore the dividing line between
internal waters and territorial waters.
iii. This method is different from the Normal
Baseline Method, which draws its baselines from
18
Sovereignty of Archipelagic States is comprised of not only its archipelagic waters,
but also its territorial waters, the airspace over these territorial waters, and below
it to the seabed and subsoil.
19
Art. I, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
20
Art. 3, Sec. 2, Part II. Agreement Relating to the Implementation of Part XI of the
Convention, UN Convention on the Laws of the Sea, available at:
http://www.un.org/depts/los/convention_agreements/texts/unclos/closindx.htm
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 7 of 16

the low water mark, the determination of sovereign, its authority may be exercised
which has no fixed norm. 21 over its entire domain.
c. The state exercises sovereignty over its territorial sea, 2. Concept of Sovereignty as Auto-
subject to the right of innocent passage. Limitation: A state is not precluded
i. Right of Innocent Passage: Passage not from allowing another power to
prejudicial to the interests of the state or participate in the exercise of
contrary to the principles of international law. [jurisdiction] over portions of its
ii. The state has the unilateral right to verify territory [but] it by no means follows
whether or not such passage is innocent in that such areas become impressed with
character. 22 alien character they are not and
cannot be foreign territory. 27
THE PHILIPPINE STATE c. Government that institution or aggregate of
A. Sec. 1, Art. II of the 1987 Constitution declares that the institutions by which an independent society makes and
Philippines is a democratic & republican state, and reinforces carries out those rules of action which are necessary to
the principle that sovereignty resides in the People. enable men to live in a social state... 28
B. A democratic & republican state i. On a national scale, this is the Legislative,
a. Republic a government which derives all its power Executive, and the Judicial departments, in
directly or indirectly from the great body of the people, addition to the local government units through
and administered by persons holding their offices. 23 which those departments exercise their powers.
C. Elements of a State 24 ii. ACCFA v. CUGCO
a. Permanent population A community of persons 1. Government actions are recognized as
sufficient in number and capable of maintaining the either constituent or ministrant; Today,
continued existence of the community and held we recognize these as governmental or
together by a common bond of law. 25 proprietary (see Torio v. Fontanilla)
b. Defined territory Consists of land and waters and the 2. Constituent Functions, are those
airspace above them and the submarine areas below compulsory functions that constitute the
them.26 very bonds of society. According to U.S.
i. Reagan v. CIR President W. Wilson, these are:
1. Nothing is better settled than that the
Philippines being independent and

21 25
J. Bernas, A Commentary, 23. J. Bernas, A Commentary, 40.
22 26
J. Bernas, A Commentary, 26. Ibid., 41.
23 27
1 ARUEGO, The Framing of the Philippine Constitution (1936). Ibid., 41-42.
24 28
Art. 1, 1933 Montevideo Convention on the Rights & Duties of States, available U.S. v. Dorr, 2 Phil. 332, cited in Bacani v. NACOCO, 100 Phil. 468,471 (1956).
at: http://www.cfr.org/sovereignty/montevideo-convention-rights-duties-
states/p15897.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
a. The keeping of order and
providing for protection of
persons and property
b. The fixing of legal relations
between man and wife & parents
and children
c. The regulation of liabilities for
debt
d. The determination of contract
rights
e. The definition and punishment of
crime
f. The administration of justice in
civil cases
g. The determination of political
duties, privileges, and relations of
citizens
h. Dealings of the state with foreign
powers
3. Ministrant Functions The optional
functions of government intended for the
promotion of a better life for the
community (J. Fernando, concurring
opinion). These are:
a. Those things which private capital
would not naturally undertake
b. Those things which by its very
nature it is better equipped to
administer for the public welfare
iii. Classification of Government
1. De facto One established in defiance of
the legitimate sovereign
a. Government that usurps by force
or by the voice of the majority
29
J. Bernas, A Commentary, 55.
Page 8 of 16
b. That which is established and
maintained by invading military
forces
c. That which is established as an
independent government by the
inhabitants of a country who rise
in insurrection against the parent
state
2. De jure One established by authority
of the legitimate sovereign (i.e. under
law)
d. Capacity to enter into relations with the other states.
(i.e. Sovereignty)
i. Sovereignty under the Constitution refers to the
ultimate legal authority
ii. The constitution provides that sovereign
authority resides in the people collectively
1. However, this is not always directly
exercised; It is more commonly
delegated to the government, & to the
people in government in whose hands
the powers of government reside. 29
2. Villavicencio v. Lukban: Rule of law
means a government of laws and not of
men. (i.e. sovereignty of the people also
includes the concept that government
officials have only the authority given to
them and defined by law, and such
authority continues only with the
consent of the people.)
STATE IMMUNITY
A. Art. XVI, Sec. 3, 1987 Constitution: The State may not be sued
without its consent.30
30
Sec. 3, Art. XVI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
B. Essentially, a recognition of the legal principle that The king can
do no wrong.
C. A suit is against the estate when it is made against:
a. An unincorporated government agency
i. Agencies which are incorporated possess their
own charters, which may or may not grant the
agency the right to sue or be sued (See ATO v.
Spouses Ramos).
ii. However, this is still to be weighed on the basis
of the governmental/proprietary test laid down
in ACCFA v. CUGCO
1. Principle of Necessary Incident
(Mobil Philippines v. Customs Arrastre
Service) where a government agency
performs a proprietary function which is
nonetheless a necessary incident to the
performance of a governmental function,
it is immune from suit.
b. A government officer
i. Where the government has no interest to
protect in the suit, (i.e. that it requires no
affirmative official action)31 it is merely a suit
against a private individual (who simply happens
to be a public officer)
ii. This does not apply when the state is made a
party on record, or must necessarily be a party
on record to achieve the suitors desired
outcome
D. E. Merritt v. Government of the Philippine Islands
a. the State is only liable for
the acts of its agents, officers and
employees when they act as
special agent
31
J. Bernas, A Commentary, 1325.
32
Ibid., 1328.
Page 9 of 16
b. Special Agent: duly
empowered by a definite order
or commission to perform some
act or charged with some definite
purpose.
ii. This rule, however, may be relaxed when its
strict application will result in an injustice. (e.g.
ATO v. Spouses Ramos)32
b. A government-owned corporation
i. However, if the government conducts a
business operation through an entity set up
primarily for a business purpose, the entity in
question enjoys no immunity even if there is no
express grant of authority to sue of be sued. 33
ii. This is because when the state engages in
ordinary business operations, the state abdicates
is sovereign prerogative. 34
1. Take note that this is with exception to
the necessary incident rule laid out in the
Mobil Philippines case.
E. Waiver of Immunity
a. The state may waive its immunity expressly or impliedly.
i. Express Waiver
1. This may be made through a special law
authorizing a named individual to bring
suit for a certain claim (e.g. E. Merritt)
2. It may also be done through a general
law, authorizing any person who meets
with the stated conditions to sue the
government according to that law. (e.g.
Art. IX-A, Sec. 7, 1987 Constitution of
the Philippines)
3. Implied waiver
33
Ibid., 1329.
34
J. Bernas, A Commentary, 1329.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
4. There is implied waiver in the following
cases:
a. Waiver through Contract:
Where the government enters
into a contract.
b. Waiver through Suit: Where the
government takes initiative in a
suit against a private party (e.g.
Republic v. Sandiganbayan (2nd
Division)); Note that this is
different from motions in
intervention or where the law
requires state intervention (e.g.
Petitions for Nullity of Marriage)
c. Waiver through Enterprise:
Where the government
authorizes an agency not to
maintain a necessary function of
government, but to run a
business.
b. There is a distinction between suability, liability, and
execution.
i. The non-suability of the state is the rule;
Exceptions may be granted as above, but they
cannot function as a conceding of liability (i.e.
guilt)35 (e.g. E. Merritt v. Government of the
Philippine Islands)
ii. Liability must still be determined in a court of
law.
iii. The execution of judgements against the state is
only possible through a submission of a
judgement to the Commission on Audit, in
consonance with the Constitution36 (Spouses
35
Ibid., 1333.
36
Art. I, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: No money shall
be paid out of the Treasury except in pursuance of an appropriation made by law.
Page 10 of 16
Ortega v. City of Cebu; Heirs of Rallos v. City of
Cebu).
GENERAL PRINCIPLES & STATE POLICIES
Republicanism
PRINCIPLE OF REPUBLICANISM The Philippines is a
democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them. (Art. II, Sec. 1)
Republican Government 37
A government which derives its authority from the people, who
run such government through their chosen representatives
who, in turn, are accountable to the sovereign will of the
people.
They derive their mandate from the people who elect them for
a period or a term that is fixed by law.
They cannot, strictly speaking, go against the specific authority
and sovereign will of the people for they are precisely the
source of all government authority and are merely the trustees
who are expected to act for and in their behalf and for their
benefit.
Characteristics of a republican government:
1. Representation
2. Accountability
3. Transparency
Ours is a government of laws and not of men (Villavicencio v. Lukban,
March 15, 1919)
International Law in the Philippines
37
Secs. 1 and 4 of Art. II; Sec. 1, Art. XI
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
Doctrine of Incorporation (adopts the generally
accepted principles of international law as part of the law of the
land)
o No law is required for the incorporation of generally
accepted international law in the Philippines
Doctrine of Transformation
o Generally accepted principles of international law are
localized through legislation. (Agustin v. Edu, March 26,
1949)
International Law by its effectivity:
o Hard Law - Legally binding; requires senate
concurrence (e.g. treaties)
o Soft Law - non binding; quasi-legal instruments which
require state action to be effective.
In case of conflict between International Law and
Municipal Law
1. Harmonize them to give effect to both
2. If irreconcilable, municipal law should be upheld because it
represented an exercise of the police power, which, being
inherent, could not be bargained away or surrendered
through the medium of treaty. (Ichong v. Hernandez, May
31, 1957)
Civilian Supremacy
Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines (AFP) 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. (Art. II, Sec. 3)
Ensured by:
1. The installation of the President, the highest civilian authority,
as the commander-in-chief of all the AFP (Art. VII, Sec. 18)
2. The requirement that members of the AFP swear to uphold and
defend the Constitution, which is the fundamental law of the
civil government (Art. XVI, Sec. 5, par. 1)
Page 11 of 16
Compulsory Military and Civil Service
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. (Art. II, Sec. 4)
Peace and Order, General Welfare
The maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare
are essential for the enjoyment by all the people of the blessings
of democracy. (Art. II, Sec. 5)
Difference of Armed Forces of the Philippines and Philippine
National Police (Manalo v. Sistoza, August 11, 1999)
AFP - defends the Philippines externally; The President is their
commander-in-chief; they are tried in a General Court Martial
PNP - they direct and control protection strategies in the
country internally; they follow the Pesident as their Chief
Executive
Separation of Church and State
The separation of Church and State shall be inviolable (Art. II, Sec. 6)
2 Principal Parts: (Art. III, Sec. 5)
1. Non-establishment clause The state may not set up or
promote a church, religion, or belief
EXC: Art. VI, Sec. 28(3), Art. VI, Sec. 1(2), Art. XIV, Sec. 3(3)
2. Free exercise clause The freedom to believe is absolute; The
freedom to act may be limited for public order & public policy
Social Justice
The State shall promote social justice in all phases of national
development (Art. II, Sec. 10)
Social justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of laws and the
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at
least be approximated. (Calalang v. Williams, December 2,
1940)
Right to Life of the Unborn
The State shall equally protect the life of the mother and the
life of the unborn from conception (Art. II, Sec. 12)
The protection accorded to the unborn starts from conception
which is equivalent to fertilization (Imbong v. Ochoa, April 8,
2014)
Right to a Balanced and Healthful Ecology
**Intergenerational Responsibility
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 (Art. II, Sec. 16)
Generally, the provisions of Article II of the 1987 Constitution
do not confer rights as they are merely declaration of principles
and policies. However, the right to a balanced and healthful
ecology enunciated in Article II, Sec. 16 gives rise to a cause of
action that may be enforced by any citizen. The right to health
and to a balanced and healthful ecology is a right that can exist
independent of any constitutional grant or recognition. This
right emanates from being a human. (Oposa v. Factoran, July 30,
1993)
Civilian Home Defense Forces
Private armies and other armed groups not recognized by duly
constituted authority shall be dismantled. All paramilitary
forces, including Civilian Home Defense Forces not consistent
with the citizen armed force established in this Constitution,
shall be dissolved or where appropriate, converted to the
regular force. (Art. XVIII, Sec. 24)
38
J. Bernas, A Commentary.
Page 12 of 16
SEPARATION OF POWERS
Separation of powers a fundamental principle of our system of
government which is founded on the belief that, by establishing
equilibrium among the three power holders, harmony will
result, power will not be concentrated and thus tyranny will be
avoided. 38
Each department of the government has exclusive cognizance
of matters within its jurisdiction, and is supreme within its own
sphere.
o But it does not follow from the fact that the three
powers are to be kept separate and distinct that the
Constitution intended them to be absolutely
unrestrained and independent of each other.
o The Constitution has provided for an elaborate system
of checks and balances to secure coordination and
cooperation in the workings of the various departments
of the government.
Separation of powers is not expressly provided for in the
Constitution, but it obtains from actual division found in Section
1 of Articles VI, VII, VIII, where the three great powers of the
government are canalized.
CHECKS AND BALANCES
Principle of Checks and Balances
o This allows one department to resist encroachments
upon its prerogative or to rectify mistakes or excesses
committed by the other departments.
o The first and safest criterion to determine whether a
given power has been validly exercised by a particular
department is whether or not the power has been
constitutionally conferred upon the department claiming
its exercisesince the conferment is usually done
expressly.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
Doctrine of Necessary Implication
Even in the absence of express
conferment, the exercise of the power
may be justified where the act is done in
exercise of powers which may
reasonably be inferred from the express
grant.
Executive Check and Balance
o For example, the Chief Executive under our
Constitution required to check on the legislative power
to enact laws in the form of his veto power.
o The President has also the right to convene the
Assembly in special session whenever he chooses.
Legislative Check and Balance
o the National Assembly operates as a check on the
Executive in the sense that its consent through its
Commission on Appointments is necessary in the
appointments of certain officers; and the concurrence of
a majority of all its members is essential to the
conclusion of treaties.
o Furthermore, in its power to determine what courts
other than the Supreme Court shall be established, to
define their jurisdiction and to appropriate funds for
their support, the National Assembly controls the
judicial department to a certain extent. The Assembly
also exercises the judicial power of trying
impeachments.
Judicial Check and Balance
o The judiciary as a whole, and the Supreme Court as the
final arbiter, effectively checks the other departments in
the exercise of its power to determine the law, and
hence to declare executive and legislative acts void if
violative of the Constitution (Angara v. Electoral
Commission).
Political and Justiciable Questions
Page 13 of 16
Justiciable question implies a given right, legally demandable and
enforceable, an act or omission violative of such right, and a
remedy granted and sanctioned by law for said breach of right.
(Casibang vs. Aquino, 92 SCRA 642).
o Tatad vs. Secretary of Energy, supra.: The Supreme
Court ruled that what the petitioners raised were
justiciable questions, considering that the statement of
facts and definition of provisions infringe the
Constitution and not because the law lacks wisdom.
o Tanada vs. Angara, supra.: The petition seeking
nullification of the Senate concurrence of the Presidents
ratification of the Agreement establishing the World
Trade Organization (WTO), was held to present a
justiciable controversy, because where an action is
alleged to infringe the Constitution, it becomes not only
the right but the duty of the judiciary to settle the
dispute.
Political question connotes 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 government.
It is concerned with issues dependent upon the wisdom, not
legality, of a particular measure (Tanada vs Cuenco, 100 Phil
1101).
Principle of Blending of Powers - Instances when powers are not
confined exclusively within one department but are assigned to or
shared by several departments (Nachura, supra at 74).
The Inherent Powers of the State
1. Police Power
2. Power of Eminent Domain
3. Power of Taxation
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
DELEGATION OF POWERS
General Rule: Potestas delegate non delegari what has been delegated
can no longer be delegated; based on the principle that delegated
power constitutes not only a right but a duty to be performed by the
delegate through the instrumentality of his own judgement and not
through the intervening mind of another.
A further delegation of such power would constitute a negation
of this duty in violation of the trust reposed in the delegate
mandated to discharge it directly (Cruz, supra 91)
Rationale: Since the powers of the government have been delegated
to them by the people, who possess original sovereignty, these powers
39
Sec. 9 & 20, Art. IX, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINE.
40
Sec.1, Art. VI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES:
Page 14 of 16
cannot be further delegated by the different government departments
to some other branch or instrumentality of the government.
Exceptions: Permissible Delegations (PETAL)
(1) Subordinate legislation made by administrative agencies
Under the theory of Administrative Law, what is delegated is in
fact not law-making power, but law executing power.
Hence, administrative agencies have the power to fill up the
details of a statute passed by Congress in the course of its
implementation.
(2) Delegated legislative power to local governments Local
governments may be allowed to legislate on purely local
matters. 39
(3) Legislative power reserved to the people by the provision on
initiative and referendum. 40
(4) Emergency power delegated to the Executive during State of
War or National Emergency41
(5) Certain taxing powers of the President. 42 The Congress may
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 or imposts within the framework of the
national development program of the Government.
Tests for Valid Delegation:
(1) Completeness test
a. A law validly delegates power where it sets forth the
policy to be executed, carried out, or implemented by
the delegate (Abakada Guro v. Purisima), such that there
is nothing left for the delegate to do but to enforce the
law [Pelaez vs. Auditor General, 1965].
(2) Sufficient standard test
a. A law validly delegates power where there is a sufficient
standard to map out the boundaries of the delegates
41
Sec. 23(2), Art. VI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
42
Sec. 28(2), Art. II, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
authority by defining the legislative policy and indicating
the circumstances under which it is to be pursued and
effected.
b. This is intended to prevent a local transference of
legislative power from the legislature to the delegate.
The standard is usually indicated in the law delegating
legislative power (Ynot vs. Intermediate Court, supra;
de la Liana vs. Alba, 112 SCRA 294; Demetria vs. Alba,
148 SCRA 208; Lozano vs. Martinez, 146 SCRA 323).
c. This means that the law indicates the circumstances
under which the legislative command is to be effected
(Edu vs. Ericta, 1970).
NOTE: BOTH tests must be complied with (Pelaez, supra). The
legislature may leave to another body the ascertainment of facts
necessary to bring the law into actual operation (Abakada v.
Ermita, 2005).
FORMS OF GOVERNMENT
Government is that institution or aggregate of institutions by which
an independent society makes and carries out those rules of action
which are necessary to enable men to live in a social state or which are
imposed upon the people forming that society by those who possess
the power or authority of prescribing them (US v. Dorr, 1903).
Government of the Philippines - refers to the corporate governmental
entity through which the functions of the government are exercised
throughout the Philippines, including, save as the contrary appears from
the context, the various arms through which political authority is made
effective in the Philippines, whether pertaining to the autonomous
regions, the provincial, city, municipal or barangay subdivisions or other
forms of local government.
Classifications of Governments according to Legitimacy:
Page 15 of 16
1. De Jure- Government which is placed in power following legal /
constitutional processes.
The government under Cory Aquino and the Freedom Constitution
is a de jure government. It was established by authority of the
legitimate sovereign, the people. It was a revolutionary government
established in defiance of the 1973 Constitution. (In Re Letter of
Associate Justice Puno, 210 SCRA 589 (1992).
2. De Facto- a government that actually exercises power or control
but without legal title.
Three Kinds of De Facto Government:
a) The government that gets possession and control or, or usurps, by
force or by the voice of majority, the rightful legal government and
maintains itself against the will of the latter (such as the government of
England under the Commonwealth, first by Parliament and later by
Cromwell as Protector).
b) Established and maintained by invading military forces. That
established as an independent government by the inhabitants of a
country who rise in insurrection against the parent state (Such as the
government of the Southern Confederacy in revolt against the Union
during the war of secession in the United States).
c) Government of paramount force. That which is established and
maintained by military forces who invade and occupy a territory of
enemy in the course of war.92 (Such as the cases of Castine in Maine,
which was reduced to a British possession in the war of 1812, and
Tampico, Mexico, occupied during the war with Mexico by the troops
of the US.) (Co Kim Chan vs. Valdez , 75 Phil 113)
Patterns of Government:
1. Direct democracy When the people, organized as the
electorate, are the preponderant power holder.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer
2. Assembly government The parliament as the
representation of the people is the ascendant power holder.
3. Parliamentarism An equilibrium between the independent
power holders, parliament and government, is attempted by
integrating the latter into the former.
4. Presidentialism The independent power holders are kept
separated but are constitutionally obligated to corporate for
the formation of the will of the state.
5. Directory government A pattern of government unique to
the Swiss government with a collegiate structure of the
governmental power holder.
Concentration of Powers in a Governmental Branch:
Presidential v. Parliamentary Form of Government
Presidential- There is separation of legislative and executive powers.
The first is lodged in the President and the second is vested in
Congress. It embodies interdependence by separation and
coordination.
The presidential form of governments identifying feature is what is
called the separation of powers.
Parliamentary- There is fusion of both executive and legislative powers
in Parliament, although the actual exercise of the executive powers is
vested in a Prime Minister who is chosen by, and accountable to,
Parliament. It embodies interdependence by integration.
Essential Characteristics of a Parliamentary Form of
Government:
1. The members of the government or cabinet or the executive
arm are, as a rule, simultaneously members of the legislature
2. The government or cabinet consisting of the political leaders of
the majority party or of a coalition who are also members of
the legislature, is in effect a committee of the legislature.
3. The government or cabinet has a pyramidal structure at the
apex of which is the Prime Minister or his equivalent.
Page 16 of 16
4. The government or cabinet remains in power only for so long
as it enjoys the support of the majority of the legislature.
5. Both government and legislature are possessed of control
devices which each can demand of the other immediate political
responsibility. In the hands of the legislature is the vote of non-
confidence (censure) whereby government may be ousted. In
the hands of the government is the power to dissolve the
legislature and call for new elections
As to Centralization of Control:
Unitary Government one in which the control of national and
local affairs is exercised by the central or national government; single,
centralized government exercising powers over the internal and
external affairs of the state.
Federal Government- one in which the powers of the government
are divided between 2 sets of organs, one for national affairs, and the
other for local affairs. Each organ being supreme within its own sphere.,
emerged into a single stat, with the national government exercising a
limited degree of power over the domestic affairs but generally full
discretion of the external affairs of the state.
Doctrine of Parens Patriaethe government as guardian of the
rights of the people may initiate legal actions for and in behalf of
particular individual. (Government of the Philippine Islands vs. Monte
de Piedad, 35 SCRA 738; Cabaas vs. Pilapil, 58 SCRA 94)
Revolutionary Government- bound by no constitution or legal
limitations except treaty obligations that the revolutionary government
are the de jure government in the Philippines, assumed under
international law.