Marcial Notes - PoliRev Reviewer Consti

POLITICAL LAW REVIEW - CASE DOCTRINES
MARCIAL NOTES - 4B- Atty. gabriel

CONSTITUTION OF THE PHILIPPINES
Case Issue Doctrine Topic/Provision/Contention
De Leon vs. Esguerra Whether the designation of the The 1987 Constitution was ratified Topic: Effectivity of the Constitution
respondents to replace petitioners in a plebiscite on February 2, 1987.

was validly made during the one- By that date, the Provisional Contention: The governor
year period which ended on Constitution must be deemed to contends that he still has powers to
February 25, 1987. have been superseded. Having appoint by virtue of the Provisional
become inoperative, Section 2, constitution during the period of
Article III of the Provisional transition. He supports this claim by
Constitution could not be relied on arguing that the 1987 Constitution
by the respondent OIC Governor. took effect only when it was
The memorandum dated February proclaimed and NOT on the date of
8, 1987 by the respondent OIC ratification. However, the Supreme
Governor could no longer have any Court ruled otherwise.
legal force and effect.
The act of ratification is the act of

voting by the people. The canvass
of the votes thereafter is merely the
mathematical confirmation of what
was done during the date of the
plebiscite, and the proclamation of
the President is merely the official
confirmatory declaration of an act
which was actually done by the
Filipino people in adopting the
Constitution when they cast their
votes on the date of the plebiscite.
POLITICAL LAW REVIEW

CASE DOCTRINES Constitution of the Philippines
2017 - 2018 1 of 37

Manila Prince Hotel vs. GSIS Whether or not Sec. 10, par. 2, Art. A constitution is a system of Provision: Sec 10, par. 2, Art XII
XII of the 1987 Constitution is a fundamental laws for the and Art II
self-executing provision.
governance and administration of a
nation. It is supreme, imperious, To p i c : C o n s t r u c t i o n o f t h e
absolute and unalterable except by Constitution
the authority from which it 1. Determine Self executing vs

emanates. It has been defined as non-self executing
the fundamental and paramount 2. I n c a s e o f d o u b t , s e l f -

law of the nation. It prescribes the executing
permanent framework of a system

of government, assigns to the Contention: GSIS avers that the
different departments their provision on National Patrimony
respective powers and duties, and especially the Filipino First policy is
establishes certain fixed principles not self-executing. GSIS insists that
on which government is founded. there must be a law enacting the
The fundamental conception in policy to make it effective and
other words is that it is a supreme applicable.
law to which all other laws must

conform and in accordance with
which all private rights must be
determined and all public authority
administered. Under the doctrine
of constitutional supremacy, if a
law or contract violates any norm of
the constitution that law or contract
whether promulgated by the
legislative or by the executive
branch or entered into by private
persons for private purposes is null
and void and without any force and
effect. Thus, since the Constitution
is the fundamental, paramount and
supreme law of the nation, it is
deemed written in every statute and
contract.

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Admittedly, some constitutions are
merely declarations of policies and
principles. Their provisions
command the legislature to enact
laws and carry out the purposes of
the framers who merely establish an
outline of government providing for
the different departments of the
gover nmental machinery and
securing certain fundamental and
inalienable rights of citizens. A
provision which lays down a
general principle, such as those
found in Art. II of the 1987
Constitution is usually not self-
executing. But a provision which is
complete in itself and becomes
operative without the aid of
supplementary or enabling
legislation, or that which supplies
sufficient rule by means of which
the right it grants may be enjoyed
or protected, is self-executing. Thus
a constitutional provision is self-
executing if the nature and extent of
the right conferred and the liability
i m p o s e d a r e fi x e d b y t h e
constitution itself, so that they can
be determined by an examination
and construction of its terms, and
there is no language indicating that
the subject is referred to the
legislature for action.

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Hence, unless it is expressly
provided that a legislative act is
necessary to enforce a
constitutional mandate, the
p re s u m p t i o n n o w i s t h a t a l l
provisions of the constitution are
self-executing. If the constitutional
provisions are treated as requiring
legislation instead of self-executing,
the legislature would have the
power to ignore and practically
nullify the mandate of the
fundamental law. This can be
cataclysmic. That is why the
prevailing view is, as it has always
been, that -
x x x x in case of doubt, the

Constitution should be considered
self-executing rather than non-self-
executing x x x x Unless the
contrary is clearly intended, the
provisions of the Constitution
should be considered self-
executing, as a contrary rule would
give the legislature discretion to
determine when, or whether, they
shall be effective. These provisions
would be subordinated to the will of
the lawmaking body, which could
make them entirely meaningless by
simply refusing to pass the needed
implementing statute.

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Francisco vs HREP Whether the power of judicial First, verba legis that is, wherever Topic: Rules on Construction of the
review extends to those arising possible, the words used in the Constitution
from impeachment proceedings Constitution must be given their

ordinary meaning except where Rules:
technical terms are employed. It is 1. Self executing vs Non-self

to be assumed that the words in Executing (Manila Prince)
which constitutional provisions are 2. Tools of Construction
couched expressed the objective A. Verba Legis - First, verba legis,

sought to be attained. They are to that is, wherever possible, the
be given their ordinary meaning words used in the Constitution
except where technical terms are must be given their ordinary
employed in which case the meaning except where technical
significance thus attached to them terms are employed.
prevails. As the Constitution is notB. Ratio Legis Est Anima - Second,

primarily a lawyer’s document, it where there is ambiguity, ratio
being essential for the rule of law to legis est anima. The words of
be obtain that it should ever be the Constitution should be
p r e s e n t i n t h e p e o p l e ’s interpreted in accordance with
consciousness, its language as the intent of its framers.
much as possible should be C. Ut Magis Valeat Quam Pereat -

understood in the sense they have Finally, ut magis valeat quam
in common use.
pereat. The Constitution is to be
interpreted as a whole.
Second, where there is ambiguity, 3. Exhaust all tools of construction

ratio legis est anima. The words of then use extraneous materials
the Constitution should be as your last resort
interpreted in accordance with the
intent of its framers. A foolproof
yardstick in constitutional
construction is the intention
underlying the provision under
consideration.

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Thus, it has been held that the
Court in construing a Constitution
should bear in mind the object
sought to be accomplished by its
adoption, and the evils, if any,
sought to be prevented or
remedied. A doubtful provision will
be examined in the light of the
history of the times, and the
condition and circumstances under
which the Constitution was framed.
The object is to ascertain the
reason which induced the framers
of the Constitution to enact the
particular provision and the purpose
sought to be accomplished thereby,
in order to construe the whole as to
make the words consonant to that
reason and calculated to effect that
purpose.

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Finally, ut magis valeat quam
pereat. The words of the
Constitution should be interpreted
as a whole. The members of the
Constitutional Convention could not
have dedicated a provision of our
Constitution merely for the benefit
of one person without considering
that it could also affect others.
When they adopted [provisions of
the Constitution], they permitted, if
not willed, that said provision
should function to the full extent of
its substance and its terms, not by
itself alone, but in conjunction with
all other provisions of that great
document.
Likewise, still in Civil Liberties

Union v. Executive Secretary, this
Court affirmed that:

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It is a well-established rule in
constitutional construction that
no one provision of the
Constitution is to be separated
from all the others, to be
considered alone, but that all the
provisions bearing upon a
particular subject are to be
brought into view and to be so
interpreted as to effectuate the
great purposes of the instrument.
Sections bearing on a particular
subject should be considered
and interpreted together as to
effectuate the whole purpose of
the Constitution and one section
is not to be allowed to defeat
another, if by any reasonable
construction, the two can be
made to stand together.
In other words, the court must

harmonize them, if practicable, and
must lean in favor of a construction
which will render every word
operative, rather than one which
may make the words idle and
nugatory. (Emphasis supplied)
If, however, the plain meaning of

the word is not found to be clear,
resort to other aids is available. In
still the same case of Civil
Liberties Union v. Executive
Secretary, this Court expounded:

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While it is permissible in this
jurisdiction to consult the debates
and proceedings of the
constitutional convention in order to
arrive at the reason and purpose of
the resulting Constitution, resort
thereto may be had only when other
guides fail as said proceedings are
powerless to vary the terms of the
Constitution when the meaning is
clear. Debates in the constitutional
convention “are of values

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Gonzales vs. COMELEC 1) Is Republic Act No. 4913 YES as to both issues. The Topic: The power of the congress
constitutional?
constituent power or the power to to act as a constituent assembly
(2) WON Congress can amend or revise the Constitution, is and at the same time act as
simultaneously propose different from the law-making congress in relation to the proposal
amendments to the Constitution power of Congress. Congress can and amendments to the
and call for the holding of a directly propose amendments to constitution.
constitutional convention? the Constitution and at the same
time call for a Constitutional
Convention to propose
amendments.
Indeed, the power to amend the

Constitution or to propose
amendments thereto is not included
in the general grant of legislative
powers to Congress. It is part of the
inherent powers of the people — as
the repository of sovereignty in a
republican state, such as ours— to
make, and, hence, to amend their
own Fundamental Law. Congress
may propose amendments to the
Constitution merely because the
same explicitly grants such power.
Hence, when exercising the same, it
is said that Senators and Members
of the House of Representatives
act, not as members of Congress,
but as component elements of a
constituent assembly.

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When acting as such, the members
of Congress derive their authority
from the Constitution, unlike the
people, when performing the same
function, for their authority does not
emanate from the Constitution —
they are the very source of all
powers of government, including
the Constitution itself. Since, when
p ro p o s i n g , a s a c o n s t i t u e n t
assembly, amendments to the
Constitution, the members of
Congress derive their authority from
the Fundamental Law, it follows,
necessarily, that they do not have
the final say on whether or not their
acts are within or beyond
constitutional limits. Otherwise,
they could brush aside and set the
same at naught, contrary to the
basic tenet that ours is a
government of laws, not of men,
and to the rigid nature of our
Constitution. Such rigidity is
stressed by the fact that, the
Constitution expressly confers upon
the Supreme Court, the power to
declare a treaty unconstitutional,
despite the eminently political
character of treaty-making power.

2017 - 2018 11 of 37

Imbong vs COMELEC May Congress in acting as a YES. The Court declared that while Topic: Congress can act as both
legislative body enact R.A.6132 to the authority to call a Constitutional the a constituent assembly and as
implement the resolution passed by Convention is vested by the the legislative body.
it in its capacity as a Constituent Constitution solely and exclusively

Assembly? in Congress acting as a The Congress, acting as a
constitutional assembly, the power C o n s t i t u e n t A s s e m b l y, m a y
to enact the implementing details or Propose Amendments or Revisions,
specifics of the general law does AND as a Legislative Body, Provide
not exclusively pertain to Congress, for the Rules and Regulations? Yes,
the Congress in exercising its the Congress acting as a Legislative
comprehensive legislative power Body may provide details by virtue
(not as a Constitutional Assembly) of NECESSARY IMPLICATION.
may pass the necessary

implementing law providing for the THE CONGRESS, ACTING AS A
details of the Constitutional CONSTITUENT ASSEMBLY, MAY
Conventions, such as the number, PROPOSE AMENDMENTS TO THE
qualification, and compensation of CONSTITUTION, AND EXERCISING
its member. I T S G E N E R A L L E G I S L AT I V E
POWER, PROVIDE FOR THE
D E TA I L S OF THE
CONSTITUTIONAL.
The reasons cited by the Court in

upholding the constitutionality of
the enactment of R.A. 6132 are as
follows:
1. Congress, acting as a
Constituent Assembly pursuant to
Article XV of the Constitution, has
authority to propose constitutional
amendments or call a convention
for the purpose by ¾ votes of each
house in joint session assembled
but voting separately.

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2. Such grant includes all other
powers essential to the effective
exercise of the principal power by
necessary implication.
3. Implementing details are within

the authority of the Congress not
only as a Constituent Assembly but
also in the exercise of its
comprehensive legislative power
which encompasses all matters not
expressly or by necessary
implication withdrawn or removed
by the Constitution from the ambit
of legislative action so long as it
does not contravene any provision
of the Constitution; and
4. Congress as a legislative body

may thus enact necessary
implementing legislation to fill in the
gaps which Congress as a
Constituent Assembly has omitted.

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Occena vs COMELEC Whether or not the Interim Batasang Yes.The existence of the power of Topic: The powers of an interim
Pambansa has the power to the Interim Batasang Pambansa is Batasang Pambansa to propose
propose amendments. indubitable. The applicable amendments to the Constitution.
provision in the 1976 Amendments

Whether or not the three resolutions is quite explicit. Insofar as pertinent Required vote to approve proposal?
are valid. it reads thus: "The Interim Batasang Majority: Sec 1 of Art 2
Pambansa shall have the same The Philippines is a democratic

powers and its Members shall have republican institution
the same functions, responsibilities,

rights, privileges, and The Interim Batasang Pambansa,
disqualifications as the interim sitting as a constituent body, can
National Assembly and the regular propose amendments. In that
National Assembly and the capacity, only a majority vote is
Members thereof." One of such needed.
powers is precisely that of

proposing amendments. Article REASON: It would be an
XVII, Section 15 of the 1973 indefensible proposition to assert
Constitution in its Transitory that the three-fourth votes required
Provisions vested the Interim when it sits as a legislative body
National Assembly with the power applies as well when it has been
to propose amendments upon convened as the agency through
special call by the Prime Minister by which amendments could be
a vote of the majority of its proposed. That is not a requirement
m e m b e r s t o b e r a t i fi e d i n as far as constitutional convention is
accordance with the Article on concerned. It is not a requirement
Amendments. When, therefore, the either when, as in this case, the
Interim Batasang Pambansa, upon Interim Batasang Pambansa
the call of the President and Prime exercises its constituent power to
Minister Ferdinand E. Marcos, met propose amendments.
as a constituent body it acted by
virtue Of such impotence Its
authority to do so is clearly beyond
doubt. It could and did propose the
amendments embodied in the
resolutions now being assailed.

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Yes. The question of whether the
proposed resolutions constitute
amendments or revision is of no
relevance. It suffices to quote from
the opinion of Justice Makasiar,
speaking for the Court, in Del
Rosario v. Commission on Elections
to dispose of this contention.
Whether the Constitutional
Convention will only propose
amendments to the Constitution or
entirely overhaul the present
Constitution and propose an
entirely new Constitution based on
an Ideology foreign to the
democratic system, is of no
moment; because the same will be
submitted to the people for
ratification. Once ratified by the
sovereign people, there can be no
debate about the validity of the new
Constitution. The fact that the
present Constitution may be revised
and replaced with a new one ... is
no argument against the validity of
the law because 'amendment
includes the 'revision' or total
overhaul of the entire Constitution.
At any rate, whether the
Constitution is merely amended in
part or revised or totally changed
would become immaterial the
moment the same is ratified by the
sovereign people."

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Tolentino vs COMELEC The ultimate question, therefore, The Court is of the opinion that in Topic: The amendments to to the
boils down to this: Is there any providing for the questioned constitution - lowering of the age to
limitation or condition in Section 1 plebiscite before it has finished, and vote - is presented to the people.
of Article XV of the Constitution separately from, the whole draft of However, the amendment was
which is violated by the act of the the constitution it has been called being approved on its own and not
Convention of calling for a to formulate, the Convention's as a whole. It was a piece-meal
plebiscite on the sole amendment Organic Resolution No. 1 and all submission. The Supreme Court
contained in Organic Resolution subsequent acts of the Convention ruled that this is not constitutionally
No. 1? implementing the same violate the permissible because 1. The
condition in Section 1, Article XV constitution only contemplates one
that there should only be one plebiscite only; 2. The people will
"election" or plebiscite for the not be able to make an intelligent
ratification of all the amendments assessment of the amendment
the Convention may propose. We because the effect of this sole
are not denying any right of the amendment is still unknown in
people to vote on the proposed relation to other amendments to be
amendment; We are only holding passed.
that under Section 1, Article XV of
the Constitution, the same should
be submitted to them not
separately from but together with all
the other amendments to be
proposed by this present
Convention.

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Prescinding already from the fact
that under Section 3 of the
questioned resolution, it is evident
that no fixed frame of reference is
provided the voter, as to what finally
will be concomitant qualifications
that will be required by the final
draft of the constitution to be
formulated by the Convention of a
voter to be able to enjoy the right of
suffrage, there are other
considerations which make it
impossible to vote intelligently on
the proposed amendment. No one
knows what changes in the
fundamental principles of the
constitution the Convention will be
minded to approve. To be more
specific, we do not have any means
of foreseeing whether the right to
vote would be of any significant
value at all. Who can say whether or
not later on the Convention may
decide to provide for varying types
of voters for each level of the
political units it may divide the
country into.

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The root of the difficulty in other
words, lies in that the Convention is
precisely on the verge of
introducing substantial changes, if
not radical ones, in almost every
part and aspect of the existing
social and political order enshrined
in the present Constitution. How
can a voter in the proposed
plebiscite intelligently determine the
effect of the reduction of the voting
age upon the different institutions
which the Convention may establish
and of which presently he is not
given any idea? Clearly, there is
improper submission.

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Sanidad vs COMELEC Does the President possess the YES. If the President has been Does proposal to amend and/or
power to propose amendments to l e g i t i m a t e l y d i s c h a rg i n g t h e to revise the Constitution need
the Constitution as well as set up legislative functions of the Interim the Approval of the President?
t h e re q u i re d m a c h i n e r y a n d Assembly, there is no reason why No.
prescribe the procedure for the he cannot validly discharge the In sensu strictiore, when the
ratification of his proposal, in the function of that assembly to legislative arm of the state
absence of an interim National p ro p o s e a m e n d m e n t s t o t h e undertakes the proposals of
Assembly? Constitution, which is but adjunct, amendment to a Constitution, that
although peculiar, to its gross body is not in the usual function of
legislative power. This is not to say lawmaking. It is not legislating when
that the President has converted his engaged in the amending process.
office into a constituent assembly Rather, it is exercising a peculiar
of that nature normally constituted power bestowed upon it by the
by the legislature. Rather, with the fundamental character itself. While,
Interim Assembly not convened and ordinarily it is the business of the
only the Presidency and Supreme legislating body to legislate for the
Court in operation, the urges of nation by virtue of constitutional
a b s o l u t e n e c e s s i t y re n d e r i t contentment amending of the
imperative upon the President to Constitution is not legislative in
act as agent for and in behalf of the character. In political science a
people to propose amendments to distinction is made between
the Constitution. Parenthetically, by constitutional contents of an
its very constitution, the Supreme organic character and that of a
Court possesses no capacity to l e g i s l a t i v e c h a r a c t e r. T h e
propose amendments without distinction, however, is one of
constitutional infractions. For the policy, not of law. Such being the
President to shy away from that case, approval of the President of
actuality and decline to undertake any proposed amendment is a
the amending process would leave misnomer. The prerogative of the
the governmental machinery at a president to approve or disapprove
stalemate or create in the powers of applies only to the ordinary cases of
the State a destructive vacuum. legislation. The President has
nothing to do with proposition or
adoption of amendments to the
Constitution.

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After all, the constituent assemblies In the case of Gonzales, it was held
or constitutional conventions, like that the power of the legislative
the President now, are mere agents body to amend and revise the
of the people. constitution is NOT inherent. The
power is vested on the people
because it reflects and incorporates
the current principle of the people.
In this case, the Supreme Court
rationed that the president, having
some power of legislation, is
authorised to propose amendment
because it is an adjunct power of
the legislative body. This is the
reason given to justify the act done
by President Marcos,
Santiago vs COMELEC Whether Sec. 2, Art. XVII of the N O . A l t h o u g h t h e m o d e o f Initiative is a form of direct
1987 Constitution is a self- amendment which bypasses legislation by the people consisting
executing provision?
congressional action, in the last of two parts: petition and election. It
analysis, it is still dependent on does not become effective until
congressional action. While the passed by voters and its availability
Constitution has recognized or does not remedy the denial of the
granted that right, the people right to referendum.
cannot exercise it if the Congress

for whatever reason, does not
provide for its implementation.

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Whether R.A.6735 is a sufficient NO. R.A. 6735 is insufficient and RA 6735 is inadequate to cover the
statutory implementation of the said incomplete to fully comply with the system of initiative to amend the
constitutional provision? power and duty of the Congress to constitution because while Sec 3
enact the statutory implementation mentions initiative on the
of sec.2, Art.XVII of the Constitution and Sec 5 restates the
Constitution. Although said Act constitutional requirements as to
intended to include the system of the percentage of registered voters
initiative on amendments to the needed for a proposal, the law does
Constitution, it is deemed not provide for the contents of a
inadequate to cover that system pet it ion for in it iat ive on t he
and accordingly provide for a local Constitution; while there are
initiative required for proposing subtitles for national and local
Constitutional changes.
initiatives, there is no subtitle for the
initiative on the Constitution; thus,
the law is incomplete, and this
inadequacy cannot be cured by
empowering the COMELEC to
promulgate implementing rules and
regulations.

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Whether COMELEC may provide T H E C O N G R E S S C A N N O T “Initiative” is the power of the
for the implementing rules on the DELEGATE TO OTHER AGENCIES people to propose amendments to
R.A. 6735? THE POWER TO PROVIDE FOR the Constitution or to propose and
THE EXERCISE OF THE RIGHT OF enact legislations through an
I N I T I AT I V E ON THE election called for the purpose.
CONSTITUTION.
“Referendum” is the power of the

The rule is that what has been electorate to approve or reject a
delegated, cannot be delegated or legislation through an election
as expressed in a Latin maxim: called for the purpose
potestas delegata non delegari

potest. The recognized exceptions “Plebiscite” Pertains to process, not
to the rule are as follows:
the day. It can be held on a general
1. Delegation of tariff powers to the or a special election day.
President under Section 28(2) of
Article VI of the Constitution;
2. Delegation of emergency powers

to the President under Section 23(2)
of Article VI of the Constitution;
3. Delegation to the people at large;
4. Delegation to local governments;

and
5. Delegation to administrative
bodies.

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Empowering the COMELEC, an
administrative body exercising
quasi-judicial functions, to
promulgate rules and regulations is
a form of delegation of legislative
authority under no. 5 above.
H o w e v e r, i n e v e r y c a s e o f
permissible delegation, there must
be a showing that the delegation
itself is valid. It is valid only if the
law (a) is complete in itself, setting
forth therein the policy to be
executed, carried out, or
implemented by the delegate; and
(b) fixes a standard — the limits of
which are sufficiently determinate
and determinable — to which the
delegate must conform in the
performance of his functions.

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sufficient standard is one which
defines legislative policy, marks its
limits, maps out its boundaries and
specifies the public agency to apply
it. It indicates the circumstances
under which the legislative
command is to be effected.
It logically follows that the

COMELEC cannot validly
promulgate rules and regulations to
implement the exercise of the right
of the people to directly propose
amendments to the Constitution
through the system of initiative. It
does not have that power under
R.A. No. 6735. Reliance on the
COMELEC's power under Section
2(1) of Article IX-C of the
Constitution is misplaced, for the
laws and regulations referred to
therein are those promulgated by
the COMELEC under (a) Section 3
of Article IX-C of the Constitution,
or (b) a law where subordinate
legislation is authorized and which
satisfies the "completeness" and
the "sufficient standard" tests.

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Lambino vs COMELEC Whether the Lambino Group's NO. The court declared that PETITION FOR INITIATIVE TO
initiative petition complies with Lambino Group's initiative is void PROPOSE AMENDMENTS TO THE
Section 2, Article XVII of the and unconstitutional because it CONSTITUTION MUST CONTAIN
Constitution on amendments to the dismally fails to comply with the THE PROPOSED AMENDMENTS.
Constitution through a people's requirement of Section 2, Article The essence of amendments

initiative? XVII of the Constitution that the "directly proposed by the people
initiative must be "directly proposed through initiative upon a petition" is
by the people through initiative that the entire proposal on its face
upon a petition."
is a petition by the people. This
The essence of amendments means two essential elements must
"directly proposed by the people be present. First, the people must
through initiative upon a petition" is author and thus sign the entire
that the entire proposal on its face proposal. No agent or
is a petition by the people. This representative can sign on their
means two essential elements must behalf. Second, as an initiative
be present. First, the people must upon a petition, the proposal must
author and thus sign the entire be embodied in a petition. These
proposal. No agent or essential elements are present only
representative can sign on their if the full text of the proposed
behalf. Second, as an initiative amendments is first shown to the
upon a petition, the proposal must people who express their assent by
be embodied in a petition.
signing such complete proposal in a
These essential elements are petition. Thus, an amendment is
present only if the full text of the "directly proposed by the people
proposed amendments is first through initiative upon a petition"
shown to the people who express only if the people sign on a petition
their assent by signing such that contains the full text of the
complete proposal in a petition. proposed amendments.
Thus, an amendment is "directly
proposed by the people through
initiative upon a petition" only if the
people sign on a petition that
contains the full text of the
proposed amendments.

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The Constitution entrusts to the
people the power to directly
p ro p o s e a m e n d m e n t s t o t h e
Constitution. This Court trusts the
wisdom of the people even if the
members of this Court do not
personally know the people who
sign the petition. However, this trust
emanates from a fundamental
assumption: the full text of the
proposed amendment is first shown
to the people before they sign the
petition, not after they have signed
the petition.

2017 - 2018 26 of 37

I N T I AT I V E C A N O N LY B E
EXERCISED TO PROPOSE
AMENDMENTS TO THE
CONSTITUTION, AND NOT
REVISION. [T]he very term
"constitution" implies an instrument
of a permanent and abiding nature,
and the provisions contained
therein for its revision indicate the
will of the people that the
underlying principles upon which it
rests, as well as the substantial
entirety of the instrument, shall be
of a like permanent and abiding
nature. On the other hand, the
s i g n i fi c a n c e o f t h e t e r m
"amendment" implies such an
addition or change within the lines
of the original instrument as will
effect an improvement, or better
carry out the purpose for which it
was framed.

2017 - 2018 27 of 37

Revision broadly implies a change
that alters a basic principle in the
constitution, like altering the
principle of separation of powers or
the system of checks-and-
balances. There is also revision if
the change alters the substantial
entirety of the constitution, as when
the change affects substantial
provisions of the constitution. On
the other hand, amendment broadly
refers to a change that adds,
reduces, or deletes without altering
the basic principle involved.
Revision generally affects several
provisions of the constitution, while
amendment generally affects only
t h e s p e c i fi c p ro v i s i o n b e i n g
amended.

2017 - 2018 28 of 37

CALIFORNIA TEST
two-part test: the quantitative test
and the qualitative test. The (1)
quantitative test asks whether the
proposed change is "so extensive in
its provisions as to change directly
the 'substantial entirety' of the
constitution by the deletion or
alteration of numerous existing
provisions." The court examines
only the number of provisions
affected and does not consider the
degree of the change.
The (2) qualitative test inquires into

the qualitative effects of the
proposed change in the
constitution. The main inquiry is
whether the change will
"accomplish such far reaching
changes in the nature of our basic
governmental plan as to amount to
a revision." Whether there is an
alteration in the structure of
government is a proper subject of
inquiry. Thus, "a change in the
nature of [the] basic governmental
plan" includes "change in its
fundamental framework or the
fundamental powers of its
Branches." A change in the nature
of the basic governmental plan also
includes changes that "jeopardize
the traditional form of government
and the system of check and
balances.

2017 - 2018 29 of 37

Under both the quantitative and
qualitative tests, the Lambino
Group's initiative is a revision and
not merely an amendment.
Quantitatively, the Lambino Group's
proposed changes overhaul two
articles — Article VI on the
Legislature and Article VII on the
Executive — affecting a total of 105
provisions in the entire Constitution.
40 Qualitatively, the proposed
changes alter substantially the
basic plan of government, from
presidential to parliamentary, and
from a bicameral to a unicameral
legislature.
An amendment envisages an alteration

of one or a few specific and separable
provisions. The guiding original
intention of an amendment is to
improve specific parts or to add new
provisions deemed necessary to meet
new conditions or to suppress specific
portions that may have become
obsolete or that are judged to be
dangerous. In revision, however, the
guiding original intention and plan
contemplates a re-examination of the
entire document, or of provisions of the
d o c u m e n t w h i c h h a v e o v e r- a l l
implications for the entire document, to
determine how and to what extent they
should be altered.

2017 - 2018 30 of 37

SANTIAGO RULING VS LAMBINO
RULING
The Supreme Court held that
Santiago ruling is still a good
decision, Lambino case did not
overturn the decision in so far as
the issue on non-self executing
provision of Sec. 2, Art. XVII, of the
1987 Constitution. There is a need
of law passed by the Congress
re g a rd i n g p e o p l e ’s i n i t i a t i v e .
However on the issue of sufficiency
of RA 6735, Lambino overturn the
ruling in Santiago, the minute
resolution wherein 10 justices vote
in favor of its sufficiency, therefore it
is also an en banc decision.
AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or
revision of, this Constitution may be
proposed by:
1. The Congress, upon a vote of
three-fourths of all its Members; or
2. A constitutional convention.
What are the two ways of Calling

ConCon?
1. By 2/3 votes of all the members
of Congress
2. By a majority vote of all its
Members, submit to the
electorate the question of calling
such a convention.

2017 - 2018 31 of 37

Section 2. Amendments to this
Constitution may likewise be
directly proposed by the people
through initiative upon a petition of
at least twelve per centum of the
total number of registered voters, of
which every legislative district must
be represented by at least three per
centum of the registered voters
therein. No amendment under this
section shall be authorized within
five years following the ratification
of this Constitution nor oftener than
once every five years thereafter.
The Congress shall provide for the

implementation of the exercise of
this right.
Section 3. The Congress may, by a

vote of two-thirds of all its
Members, call a constitutional
convention, or by a majority vote of
all its Members, submit to the
such a convention.
Section 4. Any amendment to, or

revision of, this Constitution under
Section 1 hereof shall be valid when
ratified by a majority of the votes
cast in a plebiscite which shall be
held not earlier than sixty days nor
later than ninety days after the
approval of such amendment or
revision.

2017 - 2018 32 of 37

Any amendment under Section 2
hereof shall be valid when ratified
by a majority of the votes cast in a
plebiscite which shall be held not
earlier than sixty days nor later than
ninety days after the certification by
the Commission on Elections of the
sufficiency of the petition.
What are the Constitutional

requirement on initiative?
1. implementing law
2. 12 % of the total number of

registered voters,
3. of which every legislative district

must be represented by at least
three per centum of the registered
voters therein.
2 additional requirements in
Lambino case?
4. the people must author and thus

sign the entire proposal. No agent
or representative can sign on their
behalf.
5. As an initiative upon a petition,

the proposal must be embodied in
a petition.
Limitations on people’s initiative?
1. exercise 5 years from 1987
2. may be exercise once every five

years

2017 - 2018 33 of 37

Province of North Cotabato vs Do the contents of the MOA-AD The MOA-AD contemplates an
The Gov’t of the RP Peace violate the Constitution and the ‘association’ between the Central
Panel on Ancestral Domain laws?
PH Government and the BJE.
U n d e r i n t e r n a t i o n a l l a w,
‘association’ is a relationship
between a principal state and an
associate whereby the latter
delegates certain responsibilities to
the former while maintaining its
status as a state. Some of the
arrangements under the MOA-AD
that characterize association are
BJE’s capacity to enter into foreign
trade relations, Central Govt’s
responsibility to ensure BJE’s
participation in ASEAN and UN
meetings, and more.
This concept of association is not

recognized under our Constitution
because association implies the
recognition of an associated entity
as a state. It does not provide for
transitory status that prepares any
part of PH territory for
independence. Association is often
used as a transitional device of
former colonies on their way to full
independence.

2017 - 2018 34 of 37

BJE is a state in all but its name for
it meets the criteria of a state as
laid down in the Montevideo
Convention: permanent people,
defined territory, government, and
capacity to enter into trade relations
with foreign states. It runs contrary
to the sovereign and territorial
integrity of PH.
It is contrary to the Constitutional

provision requiring a plebiscite for
the creation of the autonomous
region. Previous votes of the LGUs
cannot be considered because they
voted to be part of the ARMM, not
the BJE.
Contrary to Constitutional provision

that only President can enter into
foreign relations.
Violative of Sec 22, Art 2 of

Constitution because promotion of
ICC’s rights must be in the spirit of
national unity and placing BJE in a
transitional state to independence
is not in harmony with national
unity.
Violative of IPRA that lays down the

procedure of delineating ancestral
domains.

2017 - 2018 35 of 37

Indigenous people have right to Is the President allowed to
internal self-determination (to freely guarantee a change to the
determine their political status and Constitution? No
freely pursue their economic, social The President cannot guarantee

and cultural development while a change to the Constitution.
respecting the territorial integrity of
existing state), but not external self- The President cannot delegate a
determination (establishment of a power that she herself does not
sovereign independent state)
possess. May the President, in the
Notwithstanding the suspensive course of peace negotiations, agree
clause, however, respondents, by to pursue reforms that would
their mere act of incorporating in require new legislation and
the MOA-AD the provisions thereof constitutional amendments, or
regarding the associative should the reforms be restricted
relationship between the BJE and only to those solutions which the
the Central Government, have present laws allows?
already violated the
Being uniquely vested with the

Memorandum of Instructions From power to conduct peace
The President dated March 1, 2001, negotiations with rebel groups, the
which states that the negotiations President is in a singular position to
shall be conducted in accordance know the precise nature of their
with the principles of the grievances which, if resolved, may
sovereignty and territorial integrity bring an end to hostilities.
of the Republic of the Philippines.
Despite the President’s power to

recommend to Congress or to the
people constitutional amendments
or revisions, she cannot guarantee
to a third party that the required
amendments will be put in place.

2017 - 2018 36 of 37

The President may not, of course,
unilaterally implement the solutions
that she considers viable, but she
m a y n o t b e p re v e n t e d f ro m
submitting them as
recommendations to Congress,
which could then, it is minded, act
upon them pursuant to the legal
procedures for constitutional
a m e n d m e n t a n d re v i s i o n . I n
particular, Congress would have the
option, pursuant to Article XVII,
Sections 1 and 3 of the Constitution
to propose the recommended
amendments or revision to the
people, call a constitutional
convention, or submit to the
such a convention. While the
P re s i d e n t d o e s n o t p o s s e s s
constituent powers- as those
powers may be exercised only by
Congress, a Constitutional
Convention, or the people through
initiative and referendum- she may
submit proposals for constitutional
change to Congress in a manner
that does not involve the arrogation
of constituent powers.

2017 - 2018 37 of 37

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POLITICAL LAW REVIEW - CASE DOCTRINES

MARCIAL NOTES - 4B- Atty. gabriel

respondents to replace petitioners in a plebiscite on February 2, 1987.

The act of ratification is the act of

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

the authority from which it 1. Determine Self executing vs

the fundamental and paramount 2. I n c a s e o f d o u b t , s e l f -

permanent framework of a system

law to which all other laws must

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

x x x x in case of doubt, the

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

from impeachment proceedings Constitution must be given their

technical terms are employed. It is 1. Self executing vs Non-self

which constitutional provisions are 2. Tools of Construction

couched expressed the objective A. Verba Legis - First, verba legis,

prevails. As the Constitution is notB. Ratio Legis Est Anima - Second,

much as possible should be C. Ut Magis Valeat Quam Pereat -

Second, where there is ambiguity, 3. Exhaust all tools of construction

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

Likewise, still in Civil Liberties

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

In other words, the court must

If, however, the plain meaning of

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

Indeed, the power to amend the

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

it in its capacity as a Constituent Constitution solely and exclusively

may pass the necessary

The reasons cited by the Court in

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

3. Implementing details are within

4. Congress as a legislative body

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

provision in the 1976 Amendments

Pambansa shall have the same The Philippines is a democratic

the same functions, responsibilities,

powers is precisely that of

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW

MARCIAL NOTES - 4B- Atty. gabriel

POLITICAL LAW REVIEW