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Philippine Constitution Notes

I. PRELIMINARIES A. CONSTITUTION 1. Definition:  The body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. 2. Purpose: a. To prescribe the permanent framework of a system of government; b. To assign to the several departments their respective power and duties; c. To establish certain first principles on which the government is founded. 3. Effect if an act is not in accordance with the constitution  An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is inoperative as if it had not been passed at all. (See Art 7 Civil Code) B. STATE 1. Definition:  A community of persons, more or less numerous, permanently occupying a definite portion of the territory, independent of external control, and possessing a government to which a great body of inhabitants render habitual obedience. 2. Distinguished from nation:  State is a legal or juristic concept, while nation is an ethnic or racial concept. 3. Distinguished from Government:  Government is merely an instrumentality of the State through which the will of the State is implemented and realized. 4. Elements of a State a. People  A community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law. b. Territory  Components: Terrestrial; Fluvial; Maritime; Aerial domains c. Government  The agency or instrumentality through which the will of the State is formulated, expressed, and realized.

2. Administrative Code) d. Federal Government  One in which powers of government are divided between two set of argans. Sovereignty  The supreme and uncontrollable power inherent in a State by which the State is governed. one for national affairs and the other for local affairs. Unitary Government  One in which the control of national and local affairs is exercised by the central or national government. As to extent of powers exercised by the central or national government 1. consisting of political leaders of the majority party or of a coalition who are also members of the legislature. Monarchy  One in which the supreme and final authority is in the hands of a single person without regard to the source of his election or the nature or duration of his tenure. 2. 3. the provincial. whether pertaining to the autonomous regions. each organ being supreme in its own sphere. (Sec 2(1). Parliamentary Government  Essential Characteristics: a. The government or cabinet. b. c. As to number of persons exercising sovereign powers 1. Government of the Philippines is the corporate governmental entity through which the functions of the government are exercised throughout the Philippines. c. Principal Forms of Government a. including. the various arms through which political authority is made effective in the Philippines. Aristocracy  One in which political power is exercised by a few privileged class. is in effect a committee of legislature. as a rule. b. The members of the government or cabinet or executive arm are. The government or cabinet has a pyramidal structure at apex of which is the Prime Minister or his equivalent. simultaneously members of the legislature. As to relationship between the executive and the legislative branches of government 1. . 5. Democracy  One in which political power is exercised by a majority of the people. municipal. save as the contrary appears from the context. city. or barangay subdivisions or other form of local government.

 Philippine government is a presidential government. Principle of Blending of Powers  Instances when powers are not confined exclusively within one department but are assigned to or shared by several departments. harmony will result. In the hands of the government is the power to dissolve the legislature and call for new elections. there is fusion of both executive and legislative powers in Parliament. and thus tyranny will be avoided.. while in parliamentary government. veto power of the President as check on improvident legislation. administration consists of the set of people currently running the institution. Other Basic Concepts 1.  Designated as such because of the prominent position which the system gives to the president as Chief Executive. . Separation of Powers  Purpose: To prevent concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of republican institutions. Presidential vs. although the actual exercise of the executive powers is vested in a Prime Minister who is chosen by. Presidential Government  Its principal identifying feature is separation of powers. C.. Parliamentary Government  The principal distinction is that in a presidential government. Both government and legislature are possessed of control devices with which each can demand of the other immediate political responsibility. to forestall overaction. Parliament.g. to prevent despotism. To secure action. power will not be concentrated. there is separation of executive and legislative powers. In the hands of the legislature is the vote of non-confidence (censure) whereby a government may be ousted. e. Judicial power is held by an independent Judiciary. enactment of general appropriations law. Basic principles and concepts under a presidential form of government a. e. Executive power is given to a separate Executive. e. c. 2. Principle of Checks and Balances  This allows one department to resist encroachment upon its prerogatives or to rectify mistakes or excesses committed by the other departments. and accountable to. 3. The government or cabinet remains in power only for as long as it enjoys the support of the majority of the legislature. and to obtain efficiency. State is a corporate entity. Legislative power is given to the Legislature. b. government is the institution through which the state exercises power.d.  The system is founded on the belief that by establishing equilibrium among the three power holders. 2.g.

II. 1898. it is useful as an aid in the construction (interpretation) of the Constitution. B. and purpose of the Constitution. conserve and develop our patrimony. and purpose of the Constitution as set out in the Preamble  Its origin. This is . Unilateral assertions in a constitution which is municipal law. Binding effect in international law of the definition of national territory in the constitution  A constitution is a municipal law.  Imaginary straight lines are drawn joining the outermost points of the outermost islands of the archipelago without departing to any appreciable extent from the general configuration of the archipelago. Function of the Preamble in the Constitution  The Preamble is not a source of rights or of obligations. it binds only the nation promulgating it. justice. because it sets down the origin. Straight Baseline Method  The method used to delineate the territorial sea. promote the common good. and connecting the islands of the archipelago. ARTICLE I. form part of the internal waters of the Philippines. 1900.  Its scope and purpose is to build a just and humane society and establish a government that shall embody our ideals and aspirations. A. while the breadth of the territorial sea shall then be measured from the baselines. PREAMBLE 1. However. 1930. A definition of national territory in the constitution will bind internationally only if it is supported by proof that can stand in international law. As such.THE NATIONAL TERRITORY 1. The waters within the baselines shall be considered internal waters. as modified by the treaty of Washington of November 7. The transitions from the 1935 Constitution to the 1973 Constitution to the 1987 Constitution involved changes of government but not of state. 2. Origin. and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth. equality and peace. freedom. or authorship. is the will of the sovereign Filipino people. 3. 4. the date of the plebiscite when the people ratified the Constitution. Archipelagic Doctrine  The waters around. 1987.  12 miles from the baseline is the territorial sea. 2. THE 1987 PHILIPPINE CONSTITUTION  Effectivity: February 2. These are the same treaties which delineated Philippine territory in the 1935 Constitution. between. The Philippine Archipelago  That body of water studded with islands which is delineated in the Treaty of Paris of December 10. scope. scope. regardless of their breadth and dimensions. and the Treaty with Great Britain of January 2. love. by themselves do not establish an international right to a territory. The transition from President Estrada to President Arroyo did not involve a change of government but only of administration.

ARTICLE II. which consists of a number of islands separated by bodies of water. Significance of the national territory in criminal law  As a rule. While being public officers or employees. C. Meaning and significance:  It is a statement of the basic ideological principles and policies that underlie the Constitution. or e. should commit an offense in the exercise of their functions. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number.  Exception: Article 2 of the Revised Penal Code Penal laws of the Philippines can also be enforced outside its territory against those who: a. defensive war. technically. d. 5. Republican State  One wherein all government authority emanates from the people and is exercised by representatives chosen by the people. penal laws of the Philippines are enforceable only within its territory.DECLARATION OF PRINCIPLES AND STATE POLICIES 1.  Although the contiguous zone and most of the exclusive economic zone may not. Basic concepts Under Section 1 a. defined in Title One of Book Two of the Revised Penal Code. Under Section 2 a. 2. b. should be treated as one integral unit. Should commit an offense while on a Philippine ship or airship b. c. 6. Contiguous zone and exclusive economic zone  UN Convention on the Law of the Sea provides for a contiguous zone of 12 miles from the end of the territorial sea and exclusive economic zone of 200 miles from the baseline. the coastal State enjoys preferential rights over the marine resources found within these zones. the provisions shed light on the meaning of the other provisions of the Constitution and they are guide for all departments of the government in the implementation of the Constitution. As such. nonetheless. be part of the territory of the State. not. The kind of war renounced is aggressive. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands. . Should commit any of the crimes against national security and the law of nations.based on the principle that an archipelago. The Philippines is not only a representative or republican state but also shares some aspects of direct democracy such as initiative and referendum.

Universal Declaration of Human Rights  It would be a violation of said international law to detain an alien for an unreasonable length of time since no vessel from his country is willing to take him. 4. The executive power. Civilian officials are superior to military officials only when a law makes them so. Under Section 3 a.b. Under Section 6  To be discussed under the Bill of Rights (Article III. commander-in-chief of the armed forces. (Kuroda v Jalandoni. national legislative enactments. a civilian and precisely a civilian. Relate to Section 23. Article VI  While the Constitution gives to the legislature the power to declare the existence of war and to enact all measures to support the war. 90 Phil 70) 2. (See Section 18. and are not superior to. c. political. Vienna Convention on Road Signs and Signals  Involves the use of early warning devices. Meaning of Social Justice  The equalization of economic. the actual power to make war is lodged in the executive power. the doctrine of incorporation dictates that rules of international law are given equal standing with. d. Under Section 4  Take note of the prime duty of the government. (Mejoff v Director of Prisons. without waiting for Congress to baptize it with a name. the President was bound to meet it in the shape it presented itself. Article 7)  But this does not mean that civilian officials are superior to military officials. and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favoring the disadvantaged in life. 83 Phil 171) 3. when necessary. Duty to protect the premises of embassies and legations. Sec 5) Under Section 10 a. The principle of civilian supremacy is institutionalized by the provision which makes the President. . The right of a country to establish military commissions to try war criminals. Some principles of international law acknowledged by the Court as part of the law of the land: 1. As applied in most countries. and no name given to it by him or them could change the fact. may make war even in the absence of a declaration of war.  War being a question of actualities.

ARTICLE IV. Nor is the provision meant to ignore customs and traditions. Under Section 14 a. However. the definition of political dynasty is left to the legislature. it imposes the duty of allegiance to the political community. When necessary to save the life of the mother. The purpose of this provision is to give substance to the desire for equalization of political opportunities. of existing inequalities. It denotes possession within that particular political community of full civil and political rights subject to special disqualifications such as minority. D. or to spare the child from a life of poverty.CITIZENSHIP 1. “Labor as a primary social economic force” means that human factor has primacy over non-human factors in production. through statutes. Modes of Acquiring Citizenship a. which can be attended to by welfare institutions. Reciprocally. Legal meaning and purpose of the protection that is guaranteed for the unborn  This is not an assertion that the life of the unborn is placed exactly on the level of the life of the mother. This provision is so worded as not to automatically dislocate the Civil Code and the civil law jurisprudence on the subject. Under Section 17 a. . 2. Jus sanguinis – acquisition of citizenship on the basis of blood relationship. The general idea is for the law to ignore sex where sex is not a relevant factor in determining rights and duties. Under Section 28  Take note of the policy of full public disclosure. The right of the people to a balanced and healthful ecology is an enforceable right. for which other remedies must be sought. How promotion of social justice carried out in all phases of national development – See Article XIII Under Section 12 a. Under Section 15 and 16 a. This does not mean that the government is not free to balance the demands of education against other competing and urgent demands Under Section 18 a. Definition:  It is personal and more or less permanent membership in a political community. but not when the purpose is merely to save the mother from emotional suffering. the life of the unborn may be sacrificed.  Rights of workers – See Art XIII Under Section 26 a. What it does is to give impetus to the removal.

however. To the extent. E. Definition:  It is the right to vote in elections. ARTICLE V. effectively removing any disqualification as a dual citizen. must refer to citizens with dual allegiance. then it must also dealt with by law. b. This is so because in the certificate of candidacy. that dual citizenship also imports dual allegiance.  Example: (1) A child of a Filipina mother is a Filipino and might also have his alien’s father’s citizenship.SUFFRAGE 1. c. d. the minor children become citizens of the Philippines. in an administrative procedure for the cancellation of her alien certificate of registration. Jus soli – acquisition of citizenship on the basis of place of birth. Dual citizenship. Basic Philippine law follows the rule of jus sanguinis and provides for naturalization. as a disqualification from running for any elective position under the Local Government Code. 3. that she has none of the disqualifications found in CA 473. Effect of naturalization of a father on legitimate minor children  In general. one declares that he/she is a Filipino citizen and that he/she will support and defend the Constitution of the Philippines and will maintain true faith and allegiance thereto. Basic concepts . dual citizenship can be unavoidable under the present Constitution. Effect on the wife of the naturalized husband  She becomes a Filipino citizen.  For candidates (to an elective office) with dual citizenship. The filing of a certificate of candidacy sufficed to renounce foreign citizenship. e. b. The law can not treat natural-born citizens and naturalized citizens differently except in instances where the Constitution itself makes a distinction. Other basic concepts a. Persons with mere dual citizenship do not fall under this disqualification.. 2.  The principle of jus sanguinis is applied in the 1987 Constitution under Art IV.g. c. mixed marriages or birth in foreign soil. there would be a violation of the equal-protection clause. Because Philippine law has no control over citizenship laws of other countries. The specific target of Sec 5 is not dual citizenship but dual allegiance arising from. it is enough that they elect Philippine citizenship upon the filing of their certificate of candidacy. (2) A Filipina married to an alien remains a Philippine citizen but might also require her alien husband’s citizenship. Under Section 5 a. c. provided she shows. Otherwise. Naturalization – the legal act of adopting an alien and clothing him with the privilege of a natural-born citizen. The Constitution leaves the disposition of the problem of dual citizenship and dual allegiance to ordinary legislation. to terminate their status as persons with dual citizenship.b. Sec 1(2).

Registered voter in the district in which he shall be elected. e. there are two exceptions to this rule: d. a bill must generally be approved by the President before it becomes law. ARTICLE VI. Resident of the Philippines for not less than 2 years immediately preceding the day of the election. e. c. By immemorial practice legislative power may be delegated to local governments. Registered voter. . The power of any legislature can be limited only by the Constitution. 2. 4. At least 35 years old on the day of the election. b. to that extent it attempts to limit the power of future legislatures.a. Resident of said district for not less than 1 year immediately preceding the day of the election. Congress cannot delegate its legislative power. Legislative Power  It is the authority to make laws and to alter or repeal them. no law may be passed which impairs freedom of speech. property. Limits on Legislative Power a. Legislative power must remain where the people have lodged it. b. The power of present and future legislatures must remain plenary. Qualifications of Members of House of Representatives a. Able to read and write. For example. Able to read and write. the Congress may legislate on any subject matter. c. For example. However. or other substantive requirements. d. When one attempts to pass an irrepealable law. c. Congress has been given the discretion to create disqualifications. d. Substantive Limits curtail the contents of a law. However. 3. Congress can not pass irrepealable laws. In other words. Procedural limits curtail the manner of passing laws. F. Qualifications of Senators (See Section 3) a. At least 25 years old on the day of the election. Other basic concepts a. Natural-born Filipino citizen. Provided that the substantive and procedural limitations found in the Constitution are observed. Congress is prohibited from prescribing any literacy. the legislative power of Congress is plenary.LEGISLATIVE DEPARTMENT 1. 5. Natural-born Filipino citizen. b. b.

for crimes punishable by a penalty of more than six years. Scope of the parliamentary privilege of speech  The privilege is a protection only against forums other that the Congress itself. it is not essential that the Congress be in session when the utterance is made. the materiality of the question must be determined by its direct relation to the subject of the inquiry and not by its indirect relation to any proposed or possible legislation. there is no point in extending the privilege to the period when Congress is not in session. What is essential is that the utterance must constitute legislative action.  To come under the privilege. The requirement that the investigation be in aid of legislation is not difficult to satisfy. They may be arrested. A member of the House may serve for more than three terms. paragraph 2) f. It does not protect the assemblyman against the disciplinary authority of the Congress but it is an absolute protection against suits for libel. Under Section 21 a. that is. even when the house is in session. Under Section 4 a. whether regular or special and whether or not the legislator is actually attending a session. The reason is that the necessity or lack of necessity for legislative action and the form and character of the action itself are determined by the sum total of .e. Hence it is not available while Congress is in recess. Members of Congress are not exempt from detention for crime.  When is Congress in session? See Section 15 b. A local ordinance must not violate law passed by Congress. c. and where the legislative body does not itself possess the requisite information – which is not infrequently true – recourse must be had to others who do possess it. Purpose of legislative investigation  The power of inquiry – with process to enforce it – is an essential and appropriate auxiliary to the legislative function. Under Section 7 a. provided that the terms are not consecutive. Under Section 11 a. it must be part of the deliberative and communicative process by which legislators participate in committee or congressional proceedings in the consideration of proposed legislation or of other matters which the Constitution has placed within the jurisdiction of the Congress. It is not necessary that every question propounded to a witness must be material to a proposed legislation.  Since the purpose of the privilege is to protect the legislator against harassment which will keep him away from legislative session. The privilege from arrest is available while the Congress is in session. b. (See Section 28. A senator may serve for more than two terms. provided that the terms are not consecutive. The Constitution itself might in specific instances allow delegation of legislative power. In other words. A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change.

. The duty of government to serve and protect the people as well as to see to the maintenance of peace and order. To call out the armed forces to prevent or suppress lawless violence.THE EXECUTIVE DEPARTMENT 1. invasion. Under Section 4  Take note of the sentence: “The President shall not be eligible for any reelection. At least 40 years old on the day of the election. Executive Power  It is the power to administer the laws. To suspend the privilege of the writ habeas corpus. b. Under Section 32 a. Marcos. Qualifications of the President and Vice-president (See Section 2 & 3) a. Congress does not have the exclusive right to pass national legislation. although there is no statute authorizing the President to ban the return of Mr. the President has the power to impose the ban. immunity is lost. which means carrying them into practical operation and enforcing their due observance. 2. c. The powers of the President are not limited to what are expressly enumerated in the article on the Executive department and in scattered provisions of the Constitution. Sec 32 has introduced the concept of “initiative and referendum” whereby the people themselves can legislate.” Under Section 18 a. and not by a fraction of such information elicited from a single question. or rebellion. c. the Initiative and Referendum Law. Other basic concepts a. and property. the protection of life. Such limitations being principally found on the bill of rights. Registered voter. 2.  Hence. Able to read and write. and the promotion of the general welfare argue towards the existence of residual unstated powers. even before the end of the six year term. d. G. Resident of the Philippines for at least 10 years immediately preceding the election. The enabling law is RA 6735. “The rights of persons appearing in or affected by such inquiries shall be respected” is just another way of saying that legislative investigations must be subject to the limitations placed by the Constitution on governmental action. e.the information to be gathered as a result of the investigation. however. Natural-born Filipino citizen. b. ARTICLE VII. liberty. President enjoys immunity from suit during tenure. Specific military powers given to the President by the Constitution 1. 3. Once out of office.

3. The power therefore exists as an instrument for correcting these infirmities and for mitigating whatever harshness might be generated by a too strict application of the law. It authorizes the military to act vigorously for the maintenance of an orderly civil government. c. 2. Purpose of the grant of the power of executive clemency:  It is a tacit admission that human institutions are imperfect and that there are infirmities in the administration of justice. .3. Under Section 19 a. Review and possible revocation by Congress. b. Forms of executive clemency 1. Necessity creates the conditions for martial law and at the same time limits the scope of martial law. which exempts the individual on whom it is bestowed from the punishment the law inflicts for a crime he has committed. the preservation of the public safety and good order. the limits that have been formulated on the power to suspend the privilege of the writ and the power to impose martial law are: 1. police power is exercised by the executive with the aid of the military and in place of certain governmental agencies which for the time being are unable to cope with existing conditions in a locality which remains subject to the sovereignty. when other branches of the government are unable to function. Its object. (2) the requirements of public safety. or their functioning would itself threaten the public safety. The exercise of the power may not extend beyond what is required by the exigency which calls it forth.  Martial law depends on two factual bases: (1) the existence of actual invasion or rebellion. a substitution of a less penalty for the one originally imposed. Necessarily.  It is the exercise of the power which resides in the executive branch of the government to preserve order and insure the public safety in times of emergency. To place the Philippines or any part thereof under martial law. A time limit of sixty days. 2. It is the law of necessity to be prescribed and administered by the executive power. In general. 3. Review and possible nullification by Supreme Court. therefore. which will vary with the circumstances and necessities of the case. Commutation  A remission of a part of the punishment. proceeding from the power entrusted with the execution of the laws. defines the scope. Reprieve  Postpones the execution of an offense to a day certain. Martial Law  Under martial law. the degree and kind of vigorous executive action needed to meet the varying kinds and degrees of emergency could not be identical under all conditions. Pardon  It is an act of grace. b.

or regulation unconstitutional. parole. Role of legislature in the judicial process  Although judicial power is vested in the judiciary.THE JUDICIAL DEPARTMENT 1. 3. international or executive agreement. In addition. 2. ARTICLE VIII. rules.4.  Commonly denotes the general pardon to rebels for their treason and other high political offenses. Amnesty. amnesty. c. 2. Other basic concepts a. order. instruction. who have offended by some breach of the law of nations. proclamation.  This does not make the Supreme Court superior to Congress and the President. Section 5: no pardon. treaty. Courts cannot exercise judicial power when there is no applicable law. Power of Judicial Review  It is the Supreme Court’s power to declare a law.  It includes the duty of the courts of justice settle actual controversies involving rights which are legally demandable and enforceable. 5. presidential decree. and (2) determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. Article IX-C.CONSTITUTIONAL COMMISSIONS 1. or the forgiveness which one sovereign grants to the subjects of another. It shows the superiority of the Constitution over all. Constitutional limits on executive clemency 1. and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. A grant of amnesty must be with the concurrence of the majority of all the members of Congress. ARTICLE IX. Judicial Power  It is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such rights. The constitutional commissions and their general functions . H. and regulations shall be granted by the President without the favorable recommendation of the Commission on Elections. 3. ordinance. I. b. or suspension of sentence for violation of election laws. Remission of fines and forfeitures  Remission of fines and forfeitures prevents the collection of fines or the confiscation of forfeited property. It cannot be exercised over cases of impeachment. the proper exercise of such power requires prior legislative action: (1) defining such enforceable and demandable rights and prescribing remedies for violations of such rights.

a. and the Commission on Elections perform key functions in the government.ACCOUNTABILITY OF PUBLIC OFFICERS 1. . and they are removable only by impeachment. the CSC shall establish a career service and adopt measures to promote morale. 2. Commission on Audit  It is the function of the Commission on Audit to examine the accuracy of the records kept by accountable officers and to determine whether expenditures have been made in conformity with law. they enjoy fiscal autonomy. initiative. b.  Because they perform vital functions in the government. K. it is essential that their independence be protected against outside influences and political pressures. progressiveness. Vice-President. Commission on Audit. 2.  Take note of the second sentence of Section 1. (See Article IX-B. they have been made constitutional bodies. (See Article IX-C. Section 3) b. In order to protect their integrity. J. the salary of the Commissioners may not be diminished during their continuance in office. one where no one man or set of men has a proprietary or contractual right to an office. Significance of the declaration of local autonomy: It is meant to free local governments from the well-nigh absolute control by legislature. and recall. Basic concepts a. Basic concepts a. the Commissioners have a fixed term. b. efficiency. but where every officer accepts office pursuant to the provisions of law and holds the office as a trust for the people whom he represents. plebiscite. Meaning of “public office is a public trust”  The basic idea of government in the Philippines is that of a representative government. referendum. and courtesy in the civil service. Hence. responsiveness. Who may be impeached? (See Section 2) 1. Autonomy does not transform local governments into kingdoms unto themselves. Section 2) c. the officers being mere agents and nor rulers of the people. Commission on Election  The COMELEC shall administer all laws and regulations relative to the conduct of an election.LOCAL GOVERNMENT 1. they enjoy independent powers of appointment. integrity. ARTICLE XI. Basic concepts a. ARTICLE X. President. Civil Service Commission  As the central personnel agency of the government. The Civil Service Commission.

ARTICLE XV. but when the law can be interpreted in more ways than one. Basic concepts . The ban on aliens is intended to preserve the nation’s land for future generations of Filipinos. Members of the Constitutional Commissions. Regalian Doctrine  See 1st sentence of Section 2. the owner is entitled to compensations under the Mining Law or in appropriate expropriation proceedings. Section 3. ARTICLE XII. Aliens. d. M. subject to limitations provided by law. SCIENCE AND TECHNOLOGY. Basic Concepts a. c. For the loss sustained. ARTICLE XIII. once minerals are discovered in the land. but only by hereditary succession.EDUCATION. 4. ARTS. an interpretation that favors the underprivileged must be favored. Natural-born citizen of the Philippines who has lost Philippine citizenship. b. Ombudsman c. his ownership of such land does not give him the right to extract or utilize the said minerals without the permission of the State to which such minerals belong. Take note of Article XIV. CULTURE. and 4. Thus. 3. The following may acquire private lands: 1.3. The import of social justice that has developed in various decisions is that when the law is clear and valid. paragraph 1 O.NATIONAL ECONOMY AND PATRIMONY 1.THE FAMILY 1. Basic concepts a. whatever the use to which it is being devoted at the time. such use may be discontinued by the State to enable it to extract the minerals therein in the exercise of its sovereign prerogative. The purpose of impeachment is not to punish but only to remove an officer who does not deserve to hold office. This is an application of the Regalian Doctrine. The land is thus converted to mineral land. The list of officers subject to impeachment found in Section 2 is exclusive.  If a person is the owner of agricultural land in which minerals are discovered. it simply must be applied. L. Filipino corporations and associations as defined in Section 2. AND SPORTS 1. The aim is achieved when the alien subsequently becomes a citizen of transfers the land to a citizen. Filipino citizens. ARTICLE IV. N.SOCIAL JUSTICE AND HUMAN RIGHTS 1. 2.

ARTICLE XVII. The people gave their consent to the rule when they ratified the Constitution.  An amendment envisages an alteration of one or a few specific and isolated provisions of the constitution. any doubt should be resolved in favor of the validity of the marriage. Policy of the Constitution regarding annulment of marriage:  The constitutional policy is for the protection and strengthening of the family as the basic autonomous social institution. Doctrine of state immunity from suit – The State may not be sued without its consent. Amendment vs. P. ARTICLE XVI. c. the loss of governmental efficiency and the obstacle to the performance of its multifarious functions are far greater if such a fundamental principle were abandoned and the availability of judicial remedy were not thus restricted.AMENDMENTS OR REVISIONS 1. On the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends.When the State enters into an operation that is essentially a business operation. There is implied consent: a. How consent to be sued is given by the State: 1. Thus. unless the suit is entered into only to resist a claim. b. unless the business operation is merely incidental to the performance of a governmental function. Q. e. Reasons for the rule that the State cannot be sued without its consent  It is based on the juridical and practical notion that the State can do no wrong. c. Basic Concepts a. The doctrine of governmental immunity from suit cannot serve as an instrument for perpetrating an injustice on a citizen.GENERAL PROVISIONS 1. unless the contract is merely incidental to the performance of a governmental function. 2. Its guiding original intention is to improve specific parts or to add new provisions or to suppress existing ones accordingly as addition or subtraction might be demanded by existing conditions. It recognizes marriage as the foundation of the family. . When the State enters into a private contract. d. b. A continued adherence to the doctrine of non-suability is not to be deplored for as against the inconvenience that may be caused private parties.a. When the State sues a private party. f. There is express consent when there is a law (general or special law) expressly granting authority to sue the State or any of its agencies. (See Section 3) a. Revision  Both amendment and revision signify change in the Constitutional text. For practical considerations.

b. Congress. . since the people are the ultimate legal sovereign. There is valid proposal when a proposition has received the approval of at least 3% of the registered voters of each district and 12% of the total number of registered voters nationwide. In revision. 3. e. Ratification. The electorate.  The end product of a revision can be an important structural change in the government or a change which affects several provisions of the Constitution. the change they effect is neither amendment nor revision in the constitutional sense but “revolution. however. 2. However. a constitution may not be changed without following the process prescribed by the existing constitution. A revision of the Constitution may not be effected through initiative and referendum. c. the Freedom Constitution was promulgated by President Aquino under her revolutionary authority conferred by the people through the EDSA event. i.”  The ratification of the 1973 Constitution was done in an extra-constitutional way. 2. When they do so. the people propose the amendments.  Reason: Formulation of provisions revising the Constitution requires both cooperation and debate which can only be done through a collegial body. Similarly. How Congress propose amendments to the Constitution – See Section 1 g. How a constitutional convention comes to existence – See Section 3 h. the formulation of the changes contemplated. the people themselves have imposed on themselves a constitutional limitation on their capacity to dispose of the Constitution. This is followed by the referendum phase where the people vote to reject or ratify the proposal.  But there must first be an enabling law. the guiding intention and plan contemplates a re-examination of the entire document or an important cluster of provisions in the document to determine how and to what extent it should be altered. Generally. d. The following may propose amendments to or revision of the Constitution: 1. Constitutional Convention. through popular initiative (but only amendment) f. Required steps if the constitutional change is to be effected by amendment or by revision (In general) 1. Submission of the proposed amendments of revision to the people. upon a vote of three-fourths of all its members. because by adopting the article on amendments and revision. 2. 3. that is. There must be proposal of amendments or revision. Through the initiative phase. How proposal of amendments by initiative and referendum done 1. The change authorized by Sec 2 can only be amendment. they may in extraordinary circumstances decide to disregard the constitution. The SC declared RA 6735 inadequate to cover the system of initiative to amend the Constitution.

the people in the exercise of their sovereignty decide that they no longer wish to be bound by the amendatory process of the Constitution. or limit some permanent provisions for a limited period. R. and (3) where only franchised voters take part. there is legally nothing to prevent them from adopting a new Constitution in a novel extra-constitutional manner. or appended to provide for the transition from the old government to the new and put the provisions of the new Constitution into effect. ARTICLE XVIII. by revolution. restrict. Essential requisites of a valid ratification  Ratification of amendments must be: (1) held in a plebiscite (or election) under the election law. The 1973 Constitution was a product of a bloodless revolution.  Their main purpose is to obviate confusion which would otherwise arise during the transition period. a new constitution can come into being extra-constitutionally.  In other words. (2) supervised by the independent Commission on Election. however.j. . They have temporary or transient operation. The above requirements apply to amendments and revision under the Constitution. The Freedom Constitution of 1986 was also a product of revolution. or to qualify. Meaning and purpose of transitory provisions  Transitory provisions of a constitution are schedules and ordinances forming part of. Effectivity of the amendment or revision – See Section 4 k. that is.TRANSITORY PROVISIONS 1. l. When. Basic Concept a.