OUTLINE IN CONSTITUTIONAL LAW 1
CHAPTER I Constitution of the Phils., past and
GENERAL CONSIDERATIONS
Political Law
Political law is that branch of
public law which deals with the
organization and operations of the
governmental organs of the State and
defines the relations of the State with the
inhabitants of its territory.
Scope of Political Law
Constitutional Law
Administrative Law
Law of Public Officers
Election Law
Law on Municipal Corporations
Constitutional Law
Constitutional law is a study of the
structure and powers of the Government
of the Republic of the Philippines.
It also deals with certain basic
concepts of Political law, such as the
nature of the State, the supremacy of the
Constitution, the separation of powers,
and the rule of the majority.
Necessity of the Study
Every citizen, regardless of the
calling, should understand the
mechanisms and motivations of his
government. This must be so because
sovereignty resides in the people and all
government authority emanates from
them (Art.II, Sec. 1, 1987 Constitution).
It is upon the active involvement in
public affairs of every Filipino that the
success of the Republic of the Philippines
will depend.
CHAPTER II
THE CONSTITUTION OF THE
PHILIPPINES
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present
Commonwealth Constitution
(1935)
Constitution of 1973
Freedom Constitution (Feb. 25,
1986)
1987 Constitution (adopted on Feb.
02, 1987)
Outstanding Features
Revival of the Bicameral Congress
of the Philippines and the strictly
legal Presidential system.
The independence of the judiciary
has been strengthened, with new
provisions for appointment and
increase in its authority, covering
even political questions formerly
beyond its jurisdiction.
Supremacy of the Constitution
The Constitution is the basic and
paramount law to which all other laws
must conform and to which all persons,
including the highest officials of the land.
CHAPTER III
THE CONCEPT OF THE STATE
Definition
A state is a community of persons,
more or less numerous, permanently
occupying a fixed territory, and
possessed of an independent government
organized for political ends to which the
great body politic render habitual
obedience.
State vs. Nation
The term nation indicates a
relation of birth or origin and implies a
common race, usually characterized by
community of language and customs. The
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State is a legal concept, while the nation of society and are therefore
is only a racial or ethnic concept. compulsory.
2. Ministrant. Ministrant functions
Elements of state. are those undertaken to advance
the general interests of society,
1. People such as public works, public
2. Territory charity, and regulation of trade and
3. Government industry.
4. Sovereignty
To our Supreme Court, however, the
People distinction between the two is not
relevant in our jurisdiction. Such
People refers simply to the distinction has been blurred because of
inhabitants of the State. the repudiation of the laissez faire policy
in the Constitution (PVTA vs. CIR,
reiterating the rule in ACCFA vs.
Federation of Labor Unions).
Territory Laissez faire literally means leave us
alone; it denotes that the government
Territory is the fixed portion of the should play little or no role at all in the
surface of the earth inhabited by the market.
people of the State.
The national territory comprises Doctrine of Parens Patriae
the Philippines archipelago, with all the
islands and waters embraced therein, One of the important tasks of the
and all other territories over which the government is to act for the State as
Philippines has sovereignty or parens patriae, or guardian of the rights
jurisdiction, consisting of its territorial, of people.
fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine
areas. The waters around, between, and
connecting the islands of the archipelago,
regardless of their breadth and De Jure vs. De Facto Government
dimensions, form part of the internal
waters of the Philippines. (Art. 1, 1987 1. De Jure.A de jure government
Constitution) has rightful title but no power or
control, either because this has
Government been withdrawn from it or because
it has not yet actually entered into
Government is the agency or the exercise thereof.
instrumentality through the will of the 2. De Facto.A de facto government
State is formulated, expressed and is a government of fact, that is, it
realized. actually exercises power or control
but without legal title.
Functions
3 Kinds of de facto Government
1. Constituent.Constituent
functions constitute the very bonds 1. The government that gets
possession and control of by force

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or by voice of the majority, the

rightful legal government and Sovereignty
maintains itself against the will of
the latter. Sovereignty is the supreme and
2. That established as an uncontrollable power inherent in a State
independent government by the by which that State is governed.
inhabitants of a country who rise
in insurrection against the parent Two Kinds of Sovereignty
state.
3. That which is established and 1. Legal sovereignty.The authority
maintained by military forces who which has the power to issue final
invade and occupy a territory of commands.
the enemy in the course of war, 2. Political sovereignty.The power
and which is denominated as a behind the legal sovereign, or the
government of paramount force. sum of the influences that operate
upon it.
Government of the Philippines
Characteristics of Sovereignty
Administrative Code of 1987, Sec.
2(1): Permanent
The corporate governmental Exclusive
entity through the functions of the Comprehensive
government are exercised throughout the Absolute
Philippines, including, save as the Indivisible
contrary appears from the context, Inalienable
various arms through which political
Imprescriptible
authority is made effective in the
Philippines, whether pertaining to
autonomous regions, provincial, city, CHAPTER IV
municipal, or barangay subdivisions or THE DOCTRINE OF STATE
other form of local government. IMMUNITY

A government-owned or controlled The State may not be sued

corporation (GOCC) engaged in without its consent (Art. XVI, Sec. 3,
proprietary functions cannot be 1987 Constitution).
considered part of the Government for
purposes of exemption from the Basis of Non-suability of State
application of the statute of limitations.
The non-suability of the state is
Administration vs. Government based on the logical and practical
ground that there can be no legal
Administration is the group of right against the authority which
persons in whose hands the reins makes the law on which the right
of government are for the time depends (Justice Holmes).
being. The demands and inconveniences
The administration runs the of litigation will divert the time
government. and resources of the State from
Administration is transitional the more pressing matters
whereas the government is demanding its attention to the
permanent. prejudice of the public welfare.

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It will depend in the first instance

Application on whether the government agency
impleaded is incorporated or
The test is whether, assuming the unincorporated.
decision is rendered against the public
officer impleaded, enforcement thereof 1. Incorporated agency. It has a
will require an affirmative action from charter of its own that invests it
the State, such as the appropriation of with a separate juridical
the needed amount to satisfy the personality.
judgment. 2. Unincorporated agency.It has no
separate juridical personality but
Waiver of Immunity is merged in the general
machinery of the government.
The State may be sued if it gives
its consent.

Forms of Consent If the agency is incorporated, the

1. Expressed consent.Expressed
consent may be manifested either
through a general law or special
law.
2. Implied consent.Implied consent
is given when the State itself
commences litigation or when it
enters into a contract.
When the government enters into a
contract for the State, it is then
deemed to have divested itself of
the mantle of immunity and
descended to the level of the
ordinary individual.
Immunity would be lost regardless
of the nature of the contract
(Santos vs. Santos, Lyons vs. USA).
Suability would follow only if the
contract is entered into by the
government in its proprietary
capacity (USA vs. Ruiz).
Governmental contracts do not
result in implied waiver of the
immunity of the State from suit.
Suit Against Government Agencies
If suit is against one of the
governments entities, it must be
ascertained if the principal has given its
consent to be sued.
test of its suability is found in its
charter.
The test in every case is the nature
of the primary functions being
discharged.
Suability vs. Liability
The mere fact that the State is
suable does not mean that it is
liable; or, waiver of immunity by
the State does not mean
concession of its liability.
Suability is the result of the
express or implied consent of the
State to be sued.
Liability is determined after
hearing on the basis of the
relevant laws and the established
facts.
CHAPTER V
FUNDAMENTAL PRINCIPLES AND
STATE POLICIES
Article II lays down the rules
underlying our system of government and
must therefore be adhered to in the
conduct of public affairs and the
resolution of public issues.
Preamble

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Preamble is not considered a Art. II, Sec. 2: The Philippines

source of substantive right since adopts the generally accepted
its purpose is only to introduce. principles of international law as
Literally means to walk before. part of the law of the land
(Praeambulus: Walking in front) Every State is, by reasons of its
Its not merely rhetorical; it membership in the family of
indicates the authors of the nations, bound by generally
Constitution. accepted principles of
It also enumerates the primary international law (doctrine of
aims and expresses the aspirations incorporation).
of the framers in drafting the
Constitution. Rearing of the Youth
It is a useful aid in construction
and interpretation of the text of Art. II, Sec. 12 and Sec. 13 deal
the Constitution. with the proper rearing of the
youth.
Republicanism This power is exercised most
effectively, at least during the
A republic is a representative childs formative years, through
government, a government fun by the school.
and for the people.
The essence of republicanism is Women
representation and renovation,
the selection by their citizenry of a Art. II, Sec. 14 deals with the role
corps of public functionaries who of women in nation-building.
derive their mandate from the
people and act on their behalf, Social Justice
serving for a limited period only,
after which they are replaced or Justice Jose P. Laurel, in Callang
retained at the option of their vs. Williams, defined Social Justice
principal. thus:
Social justice is neither
The Defense of the State communism, nor despotism, nor
atomism, nor anarchy, but the
Art. II, Sec. 4, 1987 Constitution: humanization of laws and the
all citizens may be required, equalization of social and economic
under conditions provided by law, forces by the State so that justice in
to render personal military or civil its rational and objectively secular
service. conception may at least be
The duty is imposed upon all approximated.
citizens. Salus populi est suprema lex.The
The duty must be personal, to welfare of the people is the
preclude the hiring by the rich of supreme law.
mercenaries or professional
soldiers to take their place in the Separation of Church and State
defense of the State.
Art. II, Sec. 6 reiterates the
The Incorporation Clause separation of Church and State
shall be inviolable.

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The doctrine cuts both ways: might lead to an irreversible error

o State is prohibited from or abuse in its exercise to the
interfering in purely detriment of our republican
ecclesiastical affairs; institutions.
o The Church is barred from According to Justice Laurel
meddling in purely secular (Pangasinan Transportation Co. vs.
matters. PSC):
No excessive entanglement. o Secure action
o Forestall overaction
Supremacy of Civilian Authority o Prevent despotism
o Obtain efficiency
Art. II, Sec. 3: Civilian authority
is, at all times, supreme over the To achieve these purposes:
military. The Armed Forces of the Legislative.enactment of laws
Philippines is the protector of the and may not enforce or apply
people and the State. Its goal is to them;
secure the sovereign of the State Executive.enforcement of laws
and the integrity of the national and may not enact or apply them;
territory. Judiciary.application of laws and
may not enact or enforce them.
Local Autonomy
The keynote of conduct of the
The strengthening of the local various agencies of the
government is based on the government under the doctrine of
Jeffersonian view that municipal separation of powers is not
corporations are the small independence but
republics from which the great one interdependence.
derives its strength.
Blending of Powers
CHAPTER VI
SEPARATION OF POWERS There are instances under the
Constitution when powers are not
The doctrine is observed in our confined exclusively within one
country not only because it is department but are in fact
regarded as a characteristic of assigned to or shared by several
republicanism but also for the departmentsa blending of
reason that the major powers of powers.
government are actually Examples:
distributed by the Constitution o The enactment of general
among the several departments appropriations law, which
and the Constitutional begins with the preparation
Commissions. by the President of the
budget, which becomes the
Purpose basis of the bill adopted by
the Congress and
Doctrine of separation of powers is subsequently submitted by
intended to prevent a the President, who may then
concentration of authority in one approve it.
person or group of persons that

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o The grant of amnesty by the
President which requires the
concurrence of a majority of
all members of the
Congress.
o COMELEC does not alone
deputize law enforcement
agencies to ensure free,
orderly, honest, peaceful and
credible elections but does
so with the consent of the
President.
Checks and Balances
A system by which one department
is allowed to resist encroachments
upon its prerogatives or to rectify
mistakes or excesses committed by
the other departments.
Illustrations:
o Lawmaking power of the
Congress is checked by the
President through his veto
power, which may be
overridden by the
legislature.
o The Congress may refuse to
give its concurrence to an
amnesty proclaimed by the
President and the Senate to
a treaty he has concluded.
o The President may nullify a
conviction in a criminal case
by pardoning the offender
(Gloria Arroyo to
Teehankee).
o The judiciary has the power
to declare invalid an act
done by Congress, the
President, and his
subordinates, or the
Constitutional Commissions.
The Role of the Judiciary
The judiciary has the primordial
duty to uphold the supremacy of
the Constitution.
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To determine the valid exercise of
power, the first criterion is
whether or not the power in
question has been constitutionally
conferred upon the department
claiming its exercise.
Justiciable vs. Political Questions
Justiciable questions.A purely
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).
Political questions.It connotes
what it means in ordinary
parlance, namely, a question of
policy. It is concerned with issues
dependent upon the wisdom, not
legality, of a particular measure.
Political Questions Under the New
Constitution
Art. VIII, Sec. 1 broadens the
concept of judicial power.
It has the duty to determine
whether or not there has been a
grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any
branch or instrumentality of the
Government.
There is grave abuse of discretion:
o When an act done is
contrary to the Constitution,
the law, or jurisprudence, or
o It is executed whimsically,
capriciously, arbitrarily, out
of malice, ill will or personal
bias (Infotech vs.
COMELEC)
The broadened concept of judicial
power is not meant to do away
with the political questions
doctrine itself. The concept must
sometimes yield to separation of
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powers, to the doctrine on 4. The emergency powers must be

political questions or to the exercised to carry out a national
enrolled bill rule. policy declared by the Congress.

CHAPTER VII Delegation to the People

DELEGATION OF POWERS
Potestas delegata non delegari
potest.What has been delegated
cannot be delegated further.
The delegation of legislative power
has become the rule and its non-
delegation the exception.
Permissible Delegation
Delegation to Local Governments
1. Delegation of tariff powers to the
President.
2. Delegation of emergency powers
to the President.
3. Delegation to the people at large.
4. Delegation to local governments.
5. Delegation to administrative
bodies.
Referendum.It is defined as a
method of submitting an important
legislative measure to a direct vote
of the whole people.
Plebiscite.It is intended to work
more permanent changes in the
political structure, like a proposal
to amend the Constitution.
The local legislatures are more
knowledgeable than the national
lawmaking body on matters of
purely local concern and are
therefore in a better position to
enact the necessary and
appropriate legislation thereon.

Tariff Powers Delegation to Administrative Bodies

Art. VI, Sec. 28(2) Administrative agencies may

The legislative process is much too implement the broad policies laid
cumbersome for the speedy down in a statute by filling in the
solution of some economic details which the Congress may
problems, especially those relating not have the opportunity or
to foreign trade. competence to provide.
This is effected by their
Emergency Powers promulgation of what are known as
supplementary regulations, such
Art. VI, Sec. 23(2) as the implementing rules issued
by the Department of Labor on the
Conditions for the vesture of emergency Labor Code.
powers in the President are the
following: Tests of Delegation

1. There must be war or other The true distinction is between:

national emergency. o Delegation of power to make
2. The delegation must be for a law (cannot be done);
limited period only. o Conferring authority or
3. The delegation must be subject to discretion as to its
such restrictions as the Congress execution, to be exercised
may prescribe. under an in pursuance of the

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law (no valid objection can

be made).

1. Completeness Test.The law must

be complete in all its essential
terms and conditions when it
leaves the legislature so that there
will be nothing left for the delegate
to do when it reaches him except
enforce it.
2. The Sufficient Standard Test.It is
intended to map out the
boundaries of the delegates
authority by defining the
legislative policy and indicating
the circumstances under which it
is to be pursued and effected.

Pelaez Case (Emmanuel Pelaez vs.

Auditor General)

The completeness test and

sufficient standard test must be
applied together or concurrently.