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POLITICAL LAW CONSTITUTIONAL LAW 4.

Must be OBEYED BY ALL


BLACK’S LAW : branch BLACK’S LAW : 5. Modified by AMENDMENT or REVISION
of jurisprudence which department of science of 6. COURTS are its ULTIMATE GUARDIANS
treats of the science of law which treats of the
politics, or organization nature of constitutions, DEFINITION OF CONSTITUTION
and administration of their establishment, COOLEY: a body of rules and maxims in accordance
government construction and with which the powers of sovereignty are habitually
interpretation, and of the exercised
validity of legal  CONSTITUTION OF THE REPUBLIC OF THE
enactments as tested by PHILIPPINES
the criterion of conformity MALCOLM : that written instrument
to the fundamental law enacted by direct action of the people by
SC : branch of public JUSTICE ISAGANI CRUZ : it which the powers of the government are
law which deals with is the study of the established, limited and defined, and by
the organization and maintenance of the proper which those powers are distributed among
operation of the balance between authority the several departments for their safe and
governmental organs as represented by the useful exercise for the benefit of the body
of the State and three inherent powers of politic
defines the relations of the State and liberty as
the State with the guaranteed by the Bill of MARCOS V. MANGLAPUS
inhabitants of its Rights  SOCIAL CONTRACT DOCTRINE
territory (People v. - GUTIERREZ (Dissent) The Constitution is a
Perfecto, 43 Phil. 887; law for rulers and people, equally in war
Macariola v. Asuncion, and in peace, and covers with the shield of
114 SCRA 77) its protection all classes of men at all times,
COOLEY : Constitutional law treats of constitutions and under all circumstances.
and organic law. Political law includes not only - SC : Constitution, aside from being an
constitutional and organic law but also statutory law. allocation of power is also a social contract
whereby the people have surrendered their
COVERAGE OF CONSTITUTIONAL LAW I & sovereign powers to the State for the
CONSTITUTINAL LAW II common good. Hence, lest the officers of
the Government exercising the powers
HISTORICAL BACKGROUND delegated by the people forget and the
THE EXISTING CONSTITUTON IS THE PRINCIPAL BASIS servants of the people become rulers, the
OF THE STUDY OF POLITICAL LAW Constitution reminds everyone that
THE CONSTITUTION THAT GOVERN THE PHILIPPINES "sovereignty resides in the people and all
SINCE THE ESTABLISHMENT OF THE government authority emanates from
COMMONWEALTH GOVERNMENT them."
1. (1935) COMMONWEALTH
CONSTITUTION DIFFERENCE BETWEEN CONSTITUTION AND A
2. (1973) MARTIAL LAW CONSTITUTION STATUTE
3. FREEDOM CONSTITUTION CONSTITUTION STATUTE
4. 1987 CONSTITUTION PRIMARY – being a SECONDARY – being a
- Took effect on February 2, 1987 command of the command of the
(the date when when the people sovereign establishing sovereign having
ratified the Constitution thru the government reference to exigencies
plebiscite) machine and the most of time and place
o The act of ratification is general rules for its resulting from the
the act of voting by the operation ordinary working of a
people; the act of machine
confirming; casting votes. States general principles Provides the details of
o Canvassing is merely which it treats
mathematical A legislation direct from A legislation from the
confirmation the people acting in their people’s representatives
o Proclamation is the act of sovereign capacity subject to the limitations
confirmation of the act of prescribed by the
ratification” superior authority
Intended not merely to Intended to meet
BASIC PRINCIPLES OF CONSTITUTION meet existing conditions existing conditions
1. the SUPREME LAW of the land but also to govern the
2. the SYMBOL & MONUMENT of the PEOPLE’S future
WILL Can be abrogated, May be repealed or
3. IT OUTLINES the INFRASTRUCTURE of the repealed or modified changed by the
GOVERNMENT ONLY by the power legislature
which created it, namely, foreign control
the people 6. It lays down in
clear terms the
principles of their
CLASSIFICATION OF CONSTITUTION political creed and
1. WRITTEN or unwritten aspirations, the
Written - one the provisions of which have policies that
been reduced to writing and embodied in govern the state
one or more instruments at a particular and its people, all
time of which protect
Unwritten - one which has not been them from
reduced to writing at any specific time but it frequent and
is the collective product of a gradual violent fluctuations
political development, consisting of of public pulse
unwritten usages and customary rules, 7. It holds the people
judicial decisions, dicta of statesmen, and together in times
legislative enactments of a fundamental of both war and
character written but scattered in various peace
records without having any compact form in UNWRITTEN CONSTITUTION
writing It is flexible and elastic Subject to perpetual
2. CONVENTIAL or cumulative change at the will of only
Conventional – is enacted deliberately and a few number of people
consciously by a constituent body or ruler at
a certain time and place
Cumulative – is a product of a gradual REQUISITES OF A GOOD CONSTITUTION
political development  A good written constitution must be BROAD,
3. RIGID or flexible BRIEF & DEFINITE
Rigid - one which can be amended through REASON :
a formal and difficult process.  BROAD – it is through that
Flexible - one which can be changed by the fundamental powers
ordinary legislation of the government are
established, limited and
defined, and by which
ADVANTAGES AND DISADVANTAGES those powers are
WRITTEN CONSTITUTION distributed among the
ADVANTAGES DISADVANTAGES several departments of
1. Serves as the best 1. The rules, principles government for their afe
guide and and policies upon and useful exercise and
reference of the which it is based are for the benefit of the body
people when their difficult to change politic.
rights and liberties even they turn out at - Its provisions have
are transgressed times to be been considered the
and violated. inconvenient experiences of the
2. Provides stability to 2. It is likely to encroach past, and serves to
a nation and its on the domain of consider the realities
people ordinary legislation of the contemporary
3. The people feel instead of confining times and it looks to
more secure and itself to fundamental the future.
confident that they principles  BRIEF – it is not intended
are well protected 3. When there is an to go into details of
against abuse of urgent need for a organization
authority change, the - Details are left to
4. It serves as a link prescribed rules or congress which are in
and a bridge to procedures to effect a better position to
pass over to better such change often know what specific
times results to bitter or, legislation is needed
5. It serves as a violent clashes or from time to time
rallying point and opinion  DEFINITE – vagueness may
inspiration of the cause incalculable harm or
people to protect may lead to opposing
their country interpretation which may
against the bring about chaos and
invaders or even violence, instead of peace
against any form of ESSENTIAL PARTS OF A WRITTEN CONSTITUTION
CONSTITUTION OF Sets forth the AMENDMENT REVISION
LIBERTY fundamental civil and SUAREZ : A change or SUAREZ: rewriting or
political rights of citizens alteration for the better, overhauling of the entire
and imposes limitations or a change within the instrument
on the power of the lines of the original
government to secure instrument which will
the enjoyment of the bring about improvement
rights of the citizens. An isolated or a piece A revamp of the whole
(ARTICLES III, IV,V AND meal change in the instrument. It is the
XII) Constitution. It envisages guiding intention and
CONSTITUTION OF Relates to a series of an alteration of one or a plan contemplate a re-
GOVERNMENT prescriptions outlining few specific and isolated examination of the
the framework or provision of the entire document or an
organization of the constitution. Its guiding important cluster of
government, original intention is to provisions in the
enumerating its powers, improve specific parts or document to determine
laying down certain rules to add new provisions or how and to what extent
relative to its to suppress existing ones it should be altered.
administration and according as addition or
defining the electorate. subtraction might be
(ARTICLES VI TO IX) demanded by existing
CONSTITUTION OF Points out the mode of conditions.
SOVEREIGNITY procedure by which
formal changes in the
fundamental law may be  CONSTITUENT POWER – power to formulate a
brought about. (ARTICLE Constitution or to propose amendments to or
XVII) revision of the Constitution and to ratify such
proposal
 Exercised by Congress, by Constitutional
PURPOSE OR FUNCTIONS OF A CONSTITUTION Convention or Commission, by the people
 MALCOLM : To prescribe the permanent through initiative and referendum, and
framework of a system of government, to ultimately by the sovereign electorate. This
assign to the different departments their also does not need the approval of the Chief
respective powers and duties ad establish Executive (Sanidad v. Comelec, L-44640
certain fixed principles on which [1976])
government is founded.
 Serves as a security and sanctuary of the
rights of all citizens, rich or poor, weak or STEPS IN AMENDATORY PROCESS
strong, lettered or unlettered, and A. PROPOSAL (AMENDMENT) – Any
regardless of religious and political amendment to or revision of the
persuasion. In times of war and peace, it Constitution may be propose by:
holds the State together a. CONGRESS upon a 3/4 of all its
Members; or
b. CONSTITUTIONAL CONVENTION
FORMAL AND INFORMAL AMENDMENT (Art. XVII, Sec 1)
1. FORMAL AMENDMENT – change by either
amendment or revision How Constitutional
2. INFORMAL AMENDMENT – a change Convention may be called:
effected when our courts of justice interpret 1. By the 2/3 vote of all
ambiguously worded provisions of the the members of the
Constitution to make it conform with Congress; or
realities 2. By a majority vote of all
o SC is merely modifying the the members of
interpretation of the Constitution Congress, it may submit
and in accordance with the to the electorate the
principle that it has the last word in question on whether to
the construction of any law and call a Constitutional
even the constitution itself. Convention or not.

c. BY THE PEOPLE, through PEOPLE’s


INITIATIVE (Art. XVII, Sec 2) –
power of the people to propose
amendments to the Constitution or
AMENDMENT AND REVISION
enact legislations through an  The full text of the proposed amendments may
election called for the purpose be either written on the face of the petition, or
 REQUIITES: attached to it. if so attached, the petition must
1. “PEOPLE” themselves state the fact of such attachment.
who must directly
propose amendment B. RATIFICATION (REVISION) – (Art XVII, Sec 4)
2. “PETITION” of at least a. CONGRESS upon 3/4 of all its
12% of the total members
number of registered b. CONSTITUTIONAL CONVENTION
voters
3. The required number  A revision of the Constitution cannot be effected
minimum of 12% of the through initiative and referendum. The change
total number of authorized by Art. XVII, Sec. 2 through initiative
registered voters “must and referendum can only be amendment. The
be represented by at main reason is that formulation of provisions
least 3% of the revising the Constitution requires both
registered voters’ of cooperation and debate which can only be done
every legislative district. through a collegial body.

 LIMITATION: It cannot be TOLENTINO v. COMELEC, 41 SCRA 702 (1971)


exercised more than once  DOCTRINE OF PROPER SUBMISSION – the
every 5 years from the time plebiscite must be held not earlier than 60 days
the provision on initiative nor later than 90 days after approval of the
takes effect. proposal by Congress or the Constitutional
Convention, or after the certification by the
 CONTENTS OF PETITION ON COMELEC of the sufficiency of the petition (Sec
PEOPLE’S INITIATIVE; 4, par2, Art XVII)
1. Contents or text of the
proposed law sought to GONZALES v. COMELEC
be enacted, approved, or Must Ratification of the Constitution be submitted in
rejected, amended or a special election?
repealed, as the case may  NO. Sec 1, Art. XV “Such amendments shall be
be. valid x x x votes cast at AN ELECTION which the
2. The proposition amendments are submitted to the people for
3. The reason/s thereof ratification.”
4. That it is not one of the - Nothing in the provision indicates that the
exceptions provided election therein referred to is a special, not a
therein general election.
5. Signatures of petitioners or  SUAREZ: the circumstance that the previous
registered voters amendment to the Constitution had been
6. Abstract of Summary submitted to the people for ratification in special
proposition elections merely shows that Congress deemed it
- not more than 100 best to do so, under the circumstances then
words obtaining. It does not negate its authority to
- legibly written or printed submit proposed amendments for ratification in
at the top of every page of general elections
the petition Is the power to amend or revise included in the
general grant of legislative power to Congress?
 NO. it is part of the inherent powers of the
LAMBINO v. COMELEC, GR# 174153 (2006) people as the repository of sovereignty in a
The essence of amendments “directly proposed by Republican State. It cannot be exercised by
the people through initiative upon a petition” is that Congress unless expressly granted to it in the
the entire proposal on its face is a petition by the Constitution.
people. Does a Resolution of Congress — acting as a
Essential elements which must be present: constituent assembly — violates the Constitution?
1. The people must author and sign the entire  NO. The provision does not support the view
proposal. No agent or representative can sign in their that, upon the expiration of the period to make
behalf the apportionment, a Congress which fails to
2. as an initiative upon a petition, the proposal make it is dissolved or becomes illegal. On the
must be embodied in a petition contrary, it implies necessarily that Congress
 These essential elements are present only upon shall continue to function with the
full text of the proposed amendments is first representative districts existing at the time of
shown to the people who express their assent by the expiration of said period. Although the three
signing such complete proposal in a petition. (3) resolutions were passed on the same date,
they were taken up and put to a vote separately, It is a matter appropriateThe court does no
or one after the other. In other words, they were for court review. It automatically assume
not passed at the same time. The fact that pertains to ssues which jurisdiction over actual
Congress is under legal obligation to make are inherentlyconstitutional cases
apportionment as required under the susceptible of being brought before it even in
Constitution, does not justify the conclusion that decided on grounds instances that are ripe
failure to comply with such obligation rendered recognized by law (IBP v. for resolution. The grant
Congress illegal or unconstitutional, or that its Zamora, 338 SCRA 99, of power is qualified,
Members have become de facto officers. On the [2000]) conditional and subject
contrary it implies necessarily that Congress to limitation as “whether
shall continue to function with representative or not there has been a
districts existing at the time of the expiration of grave abuse of discretion
said period. Public interest demands that acts of amounting to lack or
persons holding, under color of title, an office excess of jurisdiction on
created by a valid statute be, likewise, deemed the part of the official
valid insofar as the public — as distinguished whose action is being
from the officer in question — is concerned. questioned” (IBP v.
Zamora, 338 SCRA 99,
[2000])
TEST : “whether there are constitutionality imposed
AMENDMENT AND limits on powers or functions conferred upon
RATIFICTION A political bodies”
JUSTICIABLE QUESTION  If yes, then the courts are duty-bound to
examine whether the branch or instrumentality
SANIDAD v. COMELEC (SUPRA) of the government properly acted within such
SC: the amending process, both as to proposal and limits
ratification raises a justiciable question. This is
specifically true in cases where the power of the
President to initiate the amending process by a THE PHILIPPINES AS A STATE
proposal or amendment, a function normally
exercised by the legislature, is seriously doubted. STATE – is a community of persons, more or less
numerous, permanently occupying a definite portion
JAVELLANA v. EXEC. SECRETARY, L-36142 (1973) of territory, independent of external control and
 An amendment or revision is a justiciable possessing an organized government, to which the
question great body of inhabitants render habitual obedience
 There is a valid amendment or revision even if
the procedural requirements are not complied Nation – a political group having a government and
with people distinct from all others, organized for the
o SC (majority view) : by virtue of the majority purpose of procuring mutual safety and advantage
vote of six (6) votes of Justices with the four (4) J. Cruz : indicates a relation of birth or origin and
dissenting votes, all the aforementioned cases implies a common race, usually characterized by
are hereby dismissed. THIS BEING THE VOTE OF community of language and customs.
MAJORITY, THERE IS NO FURTHER JUDICIAL
OBSTACLE TO THE NEW CONSTITUTION BEING STATE v. NATION
CONSIDERED IN FORCE AND EFFECT. STATE is a legal or political concept, while NATION is a
racial or ethnical concept, nearly similar to “people”.
A single state may embrace several different nations
DISTINCTION BETWEEN JUSTICIABLE AND POLITICAL or people; a single nation will sometimes be so
QUESTION divided politically as to constitute several states.
JUSTICIABLE QUESTION POLITICAL QUESTION
A definite and concrete It means a question of STATE v. GOVERNMENT
dispute touching on the policy. It refers to those STATE itself is an ideal person, intangible, indivisible,
legal relations of parties questions whih under and immutable, while GOVERNMENT is an agent and
having adverse legal the Constitution are to within the sphere of the agency, a perfect
interests which may be be decided by the people representative; but outside of that it is a lawless
resolved by a court in their sovereign usurpation.
through the application capacity or in regard to  GOVERNMENT is narrower than the term STATE.
of a law (Cutaran v. which full discretionary It refers to the person or group of persons in
DENR, 350 SCRA 697, authority has been whose hands the organization of the State places
[2001]) delegated to the for the time being the function of political
Legislature or executive control. It indicate the kind and composition of
branch of the the controlling group
government (Tanada v. ELEMENTS OF A STATE
Cuenco, L-10520, [1957]) 1. PEOPLE Refers to the entire body
 they must be of those citizens of a independent state or the emergence into any other
numerous enough state or nation who are political status freely determined by the people,
to be self- sufficient invested with political arises in only the most extreme cases and under
and to defend power for political carefully defined circumstances.
themselves and purposes
small enough to be
easily administered TERRITORY
and sustained
2. TERRITORY Is a fixed area or surface a. TERRESTRIAL DOMAIN - the area of the land
 it must neither be of the Earth where the which the State occupies
too big as to be inhabitants of a State live b. FLUVIAL or MARITIME DOMAIN – external and
difficult to and where they maintain internal waters
administer and a government of their c. AERIAL DOMAIN – the airspace above the land and
defend nor too small own the waters.
to as to be unable to
provide for the
needs of the GOVERNMENT
population
3. GOVERNMENT Institution or aggregate GOVERNMENT OF THE REPUBLIC OF THE
of institutions by which PHILIPPINES – the corporate governmental entity
an independent society through which the functions of government are
makes and carries out exercised throughout the Philippines including the
those rules of action various arms through which the political authority is
which are necessary to made effective in the Philippines, whether pertaining
enable men to live in a to the autonomous regions, provincial, city,
social state, or which are municipal, or barangay subdivisions or other forms of
imposed upon the local government
people forming that
society by those who CLASSIFICATION OF GOVERNMENT
possess the power or 1. DE JURE – organized and existing in accordance
authority of prescribing with the actual laws operative in the state.
them SUAREZ: organized government of a State which
4. SOVEREIGNTY The supreme, absolute, has the general support of its people.
 Sovereignty resides uncontrollable power by 2. DE FACTO – exist upon the basis of fact because
in the people and all which a State is it is organized not in accordance with, but in
government governed defiance of the existing legal processes of the
authority emanates state.
from them (Art II. SUAREZ: it is not founded upon the existing
Sec 1) constitutional law of the State.

KINDS OF DE FACTO GOVERNMENT


PEOPLE a. DE FACTO PROPER – that which gets
possession and control of, or usurps by
(as classified under the constitution) force or by the voice of majority, the rightful
a. INHABITANTS – all persons who dwell and sojourn legal government and maintains itself
in the Philippines, regardless of whether they are against the will of the latter. (ie.,
aliens or transients government of England under
b. ELECTORS – group of citizens lawfully authorized commonwealth, first by parliament and
to the right of suffrage later by Cromwell)
c. CITIZENS – those who possess the citizenship b. GOVERNMENT OF PARAMOUNT FORCE –
requirement under the constitution that which is established and maintained by
military forces who invade and occupy a
territory of the enemy in the course of war.
THE RIGHT OF THE PEOPLE TO SELF DETERMINATION (ie., Castine, Maine which was reduced to
1. RIGHT TO INTERNAL SELF – DETERMINATION – the British possession in the War of 1812 and
pursuit of the people of its political, economic, social Tampico, Mexico which was occupied during
and cultural development should be within the the war with Mexico by the US troops)
framework of an existing state.
o free determination of their political rights CHARACTERISTICS:
and free to pursue to pursue their 1. Its existence is maintained by active
economic, social and cultural development. military power within the territories,
2. RIGHT TO EXTERNAL SELF – DETERMINATION – and against the rightful authority of an
establishment of a sovereign and independent state, established and lawful government
the free association or integration with an
2. While it exist, it must neccesarily be reviewed by the Supreme Court.
obeyed in civil matters by private  Both houses of Congress have recognized
citizens who, by acts of obedience Arroyo as the President. Implicitly clear that
rendered in submission to such force, recognition is the premise that the inability
do not become responsible, as of Estrada is no longer temporary.
wrondoers, for those acts, though not
warranted by the laws of the rightful
government. Actual governments of REQUIREMENTS FOR THE RECOGNITION OF
this sort are established over districts GOVERNMENT
differing greatly in extent and 1. It has the control of the administrative
conditions. They are usually machinery of the state with popular
administered by military authority, but acquiescence
they may be administered, also, by civil 2. It is willing and able to comply with its
authority, supported more or less international obligations
directly by military force.
FUNCTIONS OF GOVERNMENT
c. That ESTABLISHED AS AN INDEPENDENT 1. CONSTITUENT –exercised by the State as
GOVERNMENT – by the inhabitants of a attributes of Sovereignty which constitute
country who rise in insurrection against the the very bond of society and are therefore
parent state. (ie., government of Southern compulsory.
Confederancy in revolt against the Union 2. MINISTRANT – exercised by the State to
during the war of secession) advance and promote the general interest,
welfare and progress of society and are
GOVERNMENT OF CORY therefore optional.
AQUINO WHEN SHE
TOOK OATH IN CONSTITUENT MINISTRANT
FEBRUARY 25, 1986 a. Keeping of order a. Public works
 REVOLUTIONARY GOVERNMENT and providing for b. Public education
 The provisional government established was the protection of c. Public charity
“revolutionary in character” because it was persons and d. Health and safety
installed by the direct action of the people property from regulations
or by the “people power”. violence and e. Regulation of
 It derived its existence and authority property trade and
directly from the people themselves, not b. Fixing of legal industry
from the 1973 Constitution relations between
 The Bill of Rights under the 1973 man and wife and
Constitution was not operative during the between parents
interval between February 28, 1986 and and children
March 24, 1986 when the Freedom c. Regulation of the
Constitution took effect by presidential holding,
proclamation. transmission and
 DE FACTO GOVERNMENT interchange of
 REASON: there was no constitutional basis property and the
of its creation, the same not having been determination of its
sanctioned either under 1935 or 1973 liabilities for debt or
Constitution. for action
 HOWEVER, the de facto government at the d. Determination of
start acquired a de jure status when it contract rights
obtained the continuous public acceptanc between individuals
and support of the people and the e. Definition of
recognition of practically all foreign punishment of
governments crimes
f. Administration of
GOVERNMENT OF justice in civil cases
GLORIA ARROYO AFTER g. Administration of
THE OUSTER OF political duties,
PRESIDENT ESTRADA privileges and
 DE JURE GOVERNMENT relations of citizens
 The claim of Estrada that he is a “president  The said classification still remains but there
on leave” on the ground that he is merely are instances when some services were
unable to govern temporary is untenable, considered as a governmental function or a
since the decision of the Congress that non-governmental function.
Arroyo is the de jure President made by the
co – equal branch of government cannot be
 DOCTRINE OF “PARENS PATRIAE” 3. All-comprehensiveness – the universality of
 “father of his country” sovereignty within the territorial limits of
 Refers to the inherent power or authority of the State; the sovereign power extends over
the State to provide protection of the all persons, associations and things within
person and property of a person non sui such territorial limits except those over
juris. which the State has voluntarily consented to
 The state has the sovereign power of waive the exercise of its jurisdiction.
guardianship over the right of persons 4. Inalienability – an attribute of the State by
under certain disabilities. which it cedes away any of its essential
elements without self – destruction
5. Imprescriptibility – the principle exclusively
SOVEREIGNTY of private law which can never run against
the rights of the people and could in no
KINDS: case be invoked in support of an argument
1. LEGAL SOVEREIGNTY – the supreme authority to that the people had lost their sovereignty
enact laws to issue final commands through the operation of such principle
2. POLITICAL SOVEREIGNTY – sovereignty 6. Unity – sovereignty cannot be divided
possessed by the electorate or the whole body without producing several wills, which is
politic (power of the people) inconsistent with the notion of sovereignty
3. INTERNAL SOVEREIGNTY – the power inherent in
the people or vested in its ruler by the
Constitution to govern the State CO CHAM v. VALEZ TAN KEH, 75 Phil 113
4. EXTERNAL SOVEREIGNTY – the absolute EFFECT OF INVASION IN THE PHILIPPINES BY A
independence of one state as a whole with SUPERIOR MILITARY FORCE BELONGING TO
reference to other states. ANOTHER COUNTRY
 POLITICAL LAWS - Immediately cease to have
 NB : The external sovereignty of any State effect, except insofar as they are continued in
requires the recognition by other States in force by the express consent of the new
order to render it perfect and complete. sovereign
This external manifestation is what you call  MUNICIPAL LAWS - Those which are not in
INDEPENDENCE. conflict with the laws of the new sovereign may
continue in force with the express consent of the
TITULAR v. ACTUAL new sovereign
TITUTLAR SOVEREIGNTY is sovereignty fictitiously  JUDICIAL DECISIONS - Valid during the
vested in a ruler who personifies the power and occupation and even beyond except those of a
majesty of the State and in whose government is political complexion which are automatically
conducted, while ACTUAL SOVEREIGNTY is vested in annulled as soon as the legitimate authority is
other hands restored

 PRINCIPLE OF AUTO LIMITATION MACARIOLA v. ASUNCION, 114 SCRA 77


 Sovereignty is the property of the state- EFFECT OF CHANGE OF SOVEREIGNTY
force due to which it has the exclusive  The political laws of the former sovereign,
capacity of legal self – determination and whether compatible or not with those of the
self-restriction new sovereign, are automatically abrogated,
unless they are expressly re-enacted by
CHARACTERISTICS OF SOVEREIGNTY affirmative act of the new sovereign. Municipal
 Sovereignty is permanent, exclusive, laws remain in force
comprehensive, inalienable, imprescriptible and
unified.
EFFECT OF BELLIGERENT
1. Permanence – the sovereignty of the State OCCUPATION
continues without interruption so long as  No change in sovereignty. Political laws, except
the State itself exist. It does not cease with those of treason, are suspended; municipal laws
the death or temporary dispossession of a remain in force unless changed or repealed by
particular bearer, or the re-organization of the belligerent occupant.
the State, but shifts from one part of a body  However, at the end of the belligerent
to another when it undergoes external occupation, the political laws which had been
change. suspended during the occupation shall
2. Exclusiveness – there can be but one automatically become effective again, under the
supreme power in the State, legally entitled doctrine of jus postiliminium
to the obedience of the inhabitants. To hold
otherwise would be to deny the principle of  DOCTRINE OF JUS POSTLIMINI
“unity of State” and to admit the possibility  When a territory which has been occupied
of an “imperium in imperio” by the enemy comes again into the power
of the State during the progress of a war a. When it asserts its political jurisdiction over
through conquest or otherwise, the legal its nationals abroad
state of the things existing prior to the b. When the local state waives its jurisdiction
hostile occupation is re-established over persons and things within its territory
 At the end of the occupation, political laws c. When it establishes a colonial protectorate
are automatically revived d. When it enjoys easements or servitudes
e. When it exercises jurisdiction over its
vessels in the high seas
ACT OF STATE – an act done by or under the f. When it exercises limited jurisdiction over
authority of the sovereign power the contiguous zone
g. When it exercises the principle of
extraterritoriality
DOMINIUM v. IMPERIUM
DOMINIUM IMPERIUM
Definition FUNDAMENTAL POWERS OF THE STATE
The State’s authority to The State’s capacity to
govern own property NATURE AND PRINCIPLES
Rights Covered 1. Inherent in the State, exercised even without
Passing laws, Title to land, need of express constitutional grant
maintaining peace and exploitation, and use 2. Necessary and indispensable; the state cannot
order thereof be effective without them
Effect 3. Methods by which the state interferes with
Generally enjoys The State descends to private property
sovereign immunity the status of an ordinary 4. Presupposes equivalent compensation
person and is liable as 5. Exercised primarily by the legislature
such
SUAREZ: DOMINIUM refers to the capacity to own or POLICE POWER  The sovereign power
acquire property, including lands held by the State in (law of overwhelming to promote and
its proprietary capacity while IMPERIUM is the necessity) protect the general
authority possessed by the State embraced in the welfare. It is the
concept of sovereignty most pervasive and
the least limitable of
the three powers of
POWER AND the State, the most
JURISDICTION OF THE essential and
STATE illimitable, which
1. TERRITORIAL POWER AND JURISDICTION enables the State to
 The State has power and jurisdiction over prohibit all hurtful
persons and things within its territory. things to the
 Except : comfort, safety and
a. Foreign states, heads of state, diplomatic welfare of society
representatives and consuls to a certain  Power of the state to
degree enact such laws or
b. Foreign state property, including embassies, regulations in
consulates, and public vessels engaged in relation to persons
non-commercial activities and property as may
c. Acts of state promote public
d. Foreign merchant vessels exercising the health, public
rights of innocent passage or involuntary morals, public safety,
entry, such as arrival under stress and the general
e. Foreign armies passing through or stationed welfare and
in its territory with its permission convenience of the
f. Such other persons or property, including people
organizations like the United Nations, over POWER OF EMINENT  The right of the state
which it may, by agreement, waive DOMAIN to acquire private
jurisdiction property for public
2. PERSONAL JURISDICTION use upon payment
of just
 The State has power of jurisdiction over in its
compensation. It can
nationals, which may be exercised by the State
be exercised by
even if the individual is outside the territory of
those to whom the
the state.
said power is
3. EXTRATERRITORIAL JURISDICTION
lawfully delegated.
 The State has power and jurisdiction beyond or
 The right of the
outside its territory:
sovereign power to Involves
appropriate not only destruction and
the public but also confiscation of The property taken is for public
the private property property which use or purpose
of all citizens within are noxious
the territorial (toxic)
sovereignty to public EXERCISE OF POWER (how exercised)
purpose Inherently May be Inherently
 Inseparable in exercisable by exercised by exercisable by
sovereignty, being the private entities the government
essential to the government upon valid only
existence of the only delegation
State and inherent in SIMILARITIES
government even in 1. Exist independently of fundamental law, as
its most primitive a necessary attribute of sovereignty
forms. No laws 2. The underlie the constitution and rest upon
therefore are ever necessity because there can be no effective
necessary to confer government without them
this right upon 3. They are enduring and indestructible as the
sovereignty or quasi- State itself
sovereign power 4. They constitute the three methods by which
POWER OF TAXATION  The power of the the State interferes with private property
State to raise rights
revenues to defray 5. Presupposes an equivalent compensation
the expenses of LIMITATION
government or for  Generally, limited by the Bill of Rights.
any public purpose Although in some cases the exercises of the
 It may include the power prevails over specific constitutional
power to destroy if it guarantee
is used validly as an
implement of the
police power in SUMMARY OF REQUISITES
discouraging and 1. Lawful 1.necessity 1. public
ultimately subject 2. private purpose
prohibiting in effect 2. Lawful property 2. uniformity
certain things or means 3. Taking 3. either the
enterprise inimical 4. Public use person or
to the public welfare When exercised 5. just property taxed
by a delegate: compensati shall be within
REASON WHY INHERENT: 3. Expressly on the jurisdiction
 The birth of the State carries with it the granted by 6. due process of taxing
authority to exercise those powers. They co- law of law authority
exist with the State and they are enduring 4. Within 4. that in
and indestructible as the State itself territorial assessment and
 They are inherent and co-terminus with the limits collection of
life of the State itself. They need not be 5. Must not certain taxes,
expressly conferred by the Constitution in be contrary certain
favor of the State to law guarantess
6. Limitation: against injuries
POLICE POWER EMINENT POWER OF due to individuals,
DOMAIN TAXATION process especially by
REGULATED (Scope) way of notice
Liberty and Private property rights only and
property opportunity for
NATURE (nature of compensation) hearing shall be
Compensation is more concrete provided
Intangible and There is full and There is
altruistic feeling fair equivalent corresponding
that he has compensation protection and
contributed to of the property public THE 1987 CONSTITUTION
the general taken improvements
welfare for the taxes PREAMBLE
paid
PROPERTY (nature of property)
We, the sovereign Filipino people, imploring the aid valid and effective until amended or repealed
of Almighty God, in order to build a just and humane  BERNAS : “all other territories over which the
society, and establish a Government that shall Philippines has sovereignty or jurisdiction” do
embody our ideals and aspirations, promote the not include Sabah but do not exclude it either
common good, conserve and develop our patrimony, because of our adherence to the generally
and secure to ourselves and our posterity, the accepted principles of international law which
blessings of independence and democracy under the enables the nation to acquire territory by
rule of law and a regime of truth, justice, freedom, cession, purchase and so forth.
love, equality, and peace, do ordain and promulgate  SUAREZ : the deletion of the words does not
this Constitution. mean that we have abandoned our claim to
Sabah. They merely erased reference to the old
MEANING : A formal expression of the ideals and treaties like Treaty of Paris. The absence of
sentiments of the Filipino people and of the purpose express or implied reference to the Treaty of
and objectives of the government established under Paris and other treaties that support our
the Constitution. territorial boundaries, will not nullify the said
treaties nor the Convention on the Law of the
IMPORTANT ENDS: Sea and related rules.
1. Indicates the source from which the Constitution
comes
2. It sets forth the ends that the Constitution and  ARCHIPELAGIC DOCTRINE
the government established by it are intended  Under this doctrine, the Philippine
Archipelago is considered as one integrated
 NB: unit instead of being fragmented and
1. It is not part of the Constitution. It may not divided into more than seven thousand
justify the exercise of government power or may islands. This assertion, together with the
not be relied upon for a claim of an individual application of the “straight baseline
right, but it serves an important purpose. method", is what is referred as the
2. It is not a source of rights or obligations. It is Archipelagic Doctrine. By using this method,
merely an aid in ascertaining the meaning of the outermost points of our archipelago are
ambiguous provisions on the body of the connected with straight baselines and all
Constitution. waters inside the baselines are considered
as internal waters.

ARTICLE I PART OF THE INTERNAL WATERS OF THE


NATIONAL TERRITORY PHILIPPINES
 On the strength of this assertion, the large
bodies of water connecting the islands of
The national territory comprises the Philippine the archipelago such as the Mindanao Sea,
archipelago, with all the islands and waters the Sulu Sea and the Sibuyan Sea, are
embraced therein, and all other territories over considered by the Philippines as part of its
which the Philippines has sovereignty or jurisdiction, internal waters, just like the rivers and lakes
consisting of its terrestrial, fluvial and aerial domains, found within the islands themselves.
including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands IMPORTANT DISTANCES
of the archipelago, regardless of their breadth and WITH RESPECT TO THE
dimensions, form part of the internal waters of the WATERS AROUND THE
Philippines. PHILIPPINES
TERRITORIAL SEA 12 nautical miles from
(MARITIME BELT) – the low water mark, or in
DELETION OF “BY portion of the sea the case of Archipelagic
HISTORICAL RIGHT AND adjacent to the State, from the baselines
LEGAL TITLE” coast/shores of a State
Have we abandoned our claim over Sabah which is under its
 TOLENTINO : we have drop our claim and pur jurisdictional control
right to our territorial waters covering 90 million CONTIGUOUS ZONE –  Not technically a
hectares of water under the treaty of Paris and the zone extending up to part of the territory
related treaties 12 nautical miles from of the State, the
 NOLLEDO : the definition of territory, territorial the territorial sea coastal State may
and internal waters including the 200-mile exercise limited
economic zone as well as the islands over which jurisdiction as a
we have historic right or legal title is provided for preventive measure
and duly protected pursuant to Sec3, Art XVII of to insure that
the 1987 Constitution and shall continue to be customs laws,
immigration and  FREEDOM OF THE SEA PRINCIPLE
sanitary laws are  No part of the sea as such can be subjected
properly and to the sovereignty of any State. It cannot
effectively enforced therefore be incorporated into the territory
EXCLUSIVE ECONOMIC  Not part of the of any State through occupation.
ZONE – the zone which territory but
extends up to 200 miles exclusive economic  FREEDOM OF NAVIGATION – the right to sail
from the low water mark benefit is reserved ships on the high seas, subject only to
or the baselines as the for the country (ie., international law and the laws of the flag state.
case may be Scarborough shoal,
135 km from Iba  CONTINENTAL SHELF – the sea-bed and subsoil
Zambales) of the submarine areas that extend beyond its
territorial sea throughout the natural
prolongation of its land territory to the outer
RIGHTS OF THE COASTAL STATE OVER THE AREA edge of the continental margin, or to a distance
BEYOND THE TERRITORIAL SEA of 100 miles from the baselines from which the
1. Right of innocent passage of other states territorial sea is measured where the outer edge
2. The Coastal State may exercise sovereign of the continental margin does not extend up to
rights over economic resources of the sea, that distance
seabed and subsoil
3. Freedom of navigation and over-flight to lay
submarine cables and proper lines and JURISDICTION OF
other lawful uses of other states. NAVIGABLE WATERS
Internal waters +  A State exercises
THREE NAVIGABLE Territorial Sea = sovereignty over
RIVERS TERRITORIAL WATERS OF these waters to the
1. INLAND OR INTERNAL WATERS – the waters on THE STATE same extent as its
the landmark side of the baselines from which land territory but
the breath of the territorial sea is calculated foreign vessels have
- they are within the territory (ie., rivers, the right of innocent
bays, gulfs, straits, lakes, canals) passage
2. TERRITORIAL SEA or MARITIME BELT  Foreign vessels have
3. HIGH SEAS or OPEN SEAS – they part of the sea no right of innocent
which is not included in the territorial sea or in passage through
the internal waters of any State. internal water
High seas or Open seas =  NOT subject to the
 Open seas are not included in the maritime zone INTERNATIONAL WATERS sovereignty of any
of any State. By its very nature the sea cannot be state.
a property of any State.
o PARAS : It is a common highway of all THE WORD “ARCHIPELAGO” IN ARTICLE I
appropriated to the use of all, and no one  It supports and strengthens the concept that the
can arrogate to himself a superior or Philippines is an archipelago which is considered
exclusive prerogative there. Every ship sails as one integrated unit instead of being
there with an unquestionable right or fragmented into more than 7,000 islands.
pursuing her own lawful business without
interruption. And whatever may be that POSITION OF PHILIPPINE GOVERNMENT IN RELATION
business, she is bound to pursue it in such a TO THE ARCHIPELAGIC DOCTRINE
manner as not to violate others under the  The three (3) mile limit, and even the twelve
Latin Maxim, SIC UTERE TUO, NON (12) mile limit, does not protect the interest of
ALIENUM LAEDAS the Philippines
o SUAREZ : they are open and available to the REASONS :
use of all States for a variety of purposes 1. It will result to the dismemberment of
which may be regulated by a treaty, thus our archipelago, the Sibuyan Sea
not absolute separating from the Visayas, and the
Mindanao strait and Sulu isolating
 “ARCHIPELAGIC WATERS” – 2nd sentence od Sec Palawan from the rest of the
1, “The waters around, between, and connecting archipelago
the islands of the archipelago, regardless of their 2. The said waters would cease to be
breadth and dimensions, form part of the Philippine waters. They would become
internal waters of the Philippines.” international waters or high seas, and
fishing vessels from all nations can
 TERRITORIUM NULLIUS – territory of no one, a enter to get the fish and other living
territory which is the land of no State resources of the sea which nature and
Divine Providence intended for the - Said public officials are entrusted with
Filipinos the duty to serve the people who
3. Warships of even unfriendly nations choose them
could enter these waters and stay there c. The purpose of a republican government is
with perfect legal right to do so to promote the common welfare of the
4. We would lose a large part of our people according to the will of the people
territory or both sides of the d. This will is determined by the rule of
archipelago, towards the China Sea and majority
the Pacific Ocean. e. Rule of law
- Ours is a government of laws and not of
men
- Under the republican system, no
ARTICLE II person is above law, thus it applies to
DECLARATION OF PRINCIPLES AND STATE POLICIES everyone regardless of status in life,
creed, political and religious persuasion
and color of his skin
SIX PRINCIPLES IN SECTION 1 - 6 f. Principle of separation of powers and the
1. Soveignty resides in the people and all system of checks and balances is observed
government authority emanates from them g. Legislature cannot pass irrepealable laws
2. Renunciation of war as an instrument of
national policy  Constitutional authoritarianism is not
3. Civilian authority is, at all times, supreme compatible with a republican state.
over the military o It is public knowledge that President Marcos
4. Prime duty of the government is to serve had no legitimate and direct mandate of the
and protect the people Filipino people during the martial law
5. Promotion of general welfare and regime and this is, in fact, the underlying
maintenance of peace and order reason why there was a Peoplae’s revolt on
6. Separation of Church and State February 22-25, 1986 which resulted to his
exile in Hawaii
 “PHILIPPINES IS A DEMOCRATIC AND
 PRINCIPLE OF REPUBLICANISM REPUBLICAN STATE”
“The Philippines is a democratic and republican o The essence of a republican state is indirect
State. Sovereignty resides in the people and all rule (where there is a government which is
government authority emanates from them.” (Art II, run by the people through their chosen
Sec. 1) representatives who in turn are accountable
to the sovereign will of the people) but our
Republican Government – a government which is run present Constitution provides for some
by the people through their chosen representatives features of pure and direct democracy such
who in turn are accountable to the sovereign will of as initiative and referendum (Art Vi, Sec32,
the people. They derive their mandate from the Art XVII, Sec2).
people who elect them for a period or a term that is
fixed by law. They cannot go against the specific  DOCTRINE OF SEPARATION OF POWER
authority and sovereign will of the people for they PURPOSE: To prevent concentration of authority
are precisely the source of all government authority in one person or group of persons that might
and are merely the trustees who are expected to act lead to an irreversible error or abuse in its
for and in their behalf and for their benefit. exercise to the detriment of the republican
BASIS : Article II, Sec 1 – 4, Article XI, Sec 1 institutions
 Pursuant to this doctrine, the correctness of
Constitutional Authoritarianism – through the decisions of the Supreme Court as fial
constitutional authoritarianism, President Marcos arbiter of all justiciable disputes is
assumed extraordinary powers including legislative, conclusive upon all other departments of
judicial and even constituent powers the government; the ombudsman has no
power to review the decsions of te Supreme
Federalism – one where there is a formal division of Court by entertaining a complaint against
functions and powers between the national and local the Justices of the Supreme court for
governments knowingly rendering an unjust decision (In
re: Laureta, 148 SCRA 382 [1987])
MANIFESTATION OF REPUBLICANISM
(CHARACTERISTICS)  SUAREZ : It operates to maintain the
a. People choose their representatives and legislative powers to the legislative
public officials for a period fixed by law department, executive powers to the
b. Accountability of public officials executive department and those which are
judicial in character to the judiciary.
Through this allocation of powers, the
person entrusted with power in any of the RATIONALE : Potestas delegata non potest
departments of government shall not be delegare (power delegated cannot further
permitted to encroach upon the power be delegated)
confided to the others, but that each shall,  The legislative must not nor can transfer the
by the law of its creation, be limited to the power of making laws to anybody else or
exercise of the powers appropriate to its place it anywhere except where the people
own department and no other. There must have
be independence and equality of the  Premised on the ethical principle that
several departments but does not extend to delegate to whom a power is delegated has
the point that those in authority in one been chosen precisely because of trust and
department can ignore and treat the acts of if he delegates it to another, the the third
those in authority in the other, done person does not have the trust originally
pursuant to the authority vested in them, as given to him.; moreover, the delegated
nugatory and not binding in every other power constitutes not only a right but a
department. duty to be performed by the delegate
through the instrumentality of his own
In effect, there is no absolute separation of judgment and not through the intervening
the three branches of government. EACH mind of another.
DEPARTMENT IS IVEN CERTAIN POWERS BY
WHICH EACH RESTRAIN THE OTHERS FROM
EXCEEDING THEIR CONSTITUTIONAL XPNs: (Permissible Delegation)
AUTHORITY. 1. Tariff powers of the President (Art. VI, Sec. 28
(2)
BASIS : Constitution itself which allocates 2. Emergency powers of President (Art. VI,
powers to each of the said departments of Sec. 23 (2)
government precisely on account of the 3. Delegation to the people; (Art. VI, Sec. 32, Art.
principle that “Philippines is a democratic X, Sec. 10, Art. XVII, Sec. 2; RA 6753)
and republican State” a. Referendum – method of submitting an
important legislative measure to a direct vote of
 PRINCIPLE OF CHECKS AND BALANCES – the whole people
allows one department to resist b. Plebiscite – a devise to obtain a direct popular
encroachments upon its prerogatives or to vote on a matter of political importance
rectify mistakes or excesses committed bt 4. Delegation to Local Government units; (Art X;
the other departments, the net effect of R.A. 7160) and
which being that, no one department is able 5. Delegation to administrative bodies (power of
to act without the cooperation of at least subordinate legislation)
one of the other department
 SUAREZ : one department is given certain
powers by which it may definitely restrain TEST FOR VALID DELEGATION
the others from exceeding constitutional 1. COMPLETENESS Clauses in the statute
authority. It may object or resist any TEST – the law must struck down by SC
encroachment upon its authority, or it may be complete in all its a. “as the Board
question, if necessary, any act or acts which essential terms and may from time
unlawfully interferes with its sphere of conditions when it to time
jurisdiction and authority leaves the prescribe”
legislature so that (Compania
 PRINCIPLE OF BLENDING OF POWERS – there will be nothing General de
when powers are not confined exclusively left for the delegate Tabacos v. Board
within one department but are assigned or to do when it of Public Utility
are shared by several departments reaches him except [1916])
 SUAREZ : a sharing of powers of the to enforce it b. “for any cause”
different departments of government leaving
whereby one department helps and unbridled
coordinates with the other in the exercise of discretion to the
a particular power, function or Governor
responsibility. It is the process of sharing General (US v.
and collaborating with each other that one Ang Tang Ho
department not only helps but also checks [1922])
the other if for any valid reason it is deemed 2. SUFFICIENT Clauses that have been
necessary for the public good. STANDARD TEST – is declared sufficient
intended to map out standards
 PRINCIPLE OF NON DELEGATION OF POWER the boundaries of a. “Public Interest”
the delegate’s (Schecter Corp. v. US
authority by [1935})
defining the b. “on the use of any 6. Determination of
legislative policy and fishing net or fishing constitutionality or
indicating the devise for the legality of an act
circumstances under protection of fish fry TEST : “whether there are constitutionality imposed
which it is to be or fish eggs” limits on powers or functions conferred upon
pursued and (Araneta v. political bodies”
effected; intended Gatmaitan [1957])  If yes, then the courts are duty-bound to
to prevent a total examine whether the branch or instrumentality
transference of of the government properly acted within such
legislative power limits
from the legislature
to the delegate.
RULE OF MAJORITY
SUAREZ : The will of the greater number of people,
JUSTICIABLE QUESTION POLITICAL QUESTION whether referring to the citizens of the Philippines
The votex of the It means a question of who choose their representatives, or to a number of
controversy refers to the policy. It refers to those people in a community or organization who choose
legality or validity of the questions which under their officers. In the choice of a President, Vice-
contested act, that the Constitution are to President, Senators, Congressmen, and other public
matter is definitely be decided by the people officials, the winners are those who may have
justiciable or non – in their sovereign received the highest number of votes, but tis may
political capacity or in regard to not necessarily be a majority of the total votes cast.
which full discretionary If at all this vote is merely a plurality.
authority has been This happened in the case of former President
delegated to the Ramos, who received the highest votes over other
Legislature or executive contenders but the same is a mere plurality because
branch of the the votes were divided among the many presidential
government (Tanada v. contenders.
Cuenco, L-10520, [1957]) KINDS :
These are neatly 1. Simple Majority – 50% plus one of all those
associated with the present
wisdom, not the legality 2. Absolute Majority – 50 % of all the
of a particular measure members of the body
1. Determination of 1. The calling of a snap 3. Qualified Majority – that otherwise
whether or not an presidential provided in the constitution or law as the
appointee has the elections on vote required ( eg., 2/3 vote of the senate to
prescribed February 7 1986 concur with a treaty)
qualifications 2. The calling of a DIFFERENT INTERPRETATIONS ACCDG. TO SUAREZ
2. Determination of referendum is 1. PROCLAMATION OF MARTIAL LAW OR
the President’s within the exclusive SUSPENSION OF THE PRIVILEGE OF HABEAS
authority to propose discretion of CORPUS (Art VII, Sec 18) – 1/2 plus one of
amendments and President Marcos the total membership
the regularity of the 3. The authority of the 2. QUORUM OF EACH HOUSE (Art VI, Sec
procedure adopted Senate to punish 16[2]) – majority vote of all members of
for submission of and detain a each house
proposals to the witness for 3. SUSPENSION OR EXPULSION OF A MEMBER
people contempt is within (Art VI, Sec 16[3]) – 2/3 of all the members
3. Determination of its discretionary of each House
whether or not a power and 4. CONSTITUTIONALITY OF A TREATY,
constitutional authority INTERNATIONAL OR EXECUTIVE
provision has been AGREEMENT OR LAW (Art VIII, Sec 4[2]) –
followed or not majority of members who took part in the
4. Determination of deliberations of the case and who voted
whether or not a thereon
suspension for 5. A MAJORITY VOTE OF ONE – a dissenting
disorderly behavior vote of one SB justice will prevent a decision
is supported by the of the two other members of the division as
required 2/3 votes a unanimous vote is required for such
5. Determination of decision
whether or not the
voting requirement
prescribed by the
constitution was
complied with