Professional Documents
Culture Documents
GENERAL PRINCIPLES
It also includes the different organic (from the word “organ”, which refers to the bodies or parts of the government)
laws of the Philippines that were in effect during the American occupation. It also includes the United States (US)
Constitution and the decisions of the US Supreme Court because they are considered as extrinsic aids. These two
(organic laws and US Supreme Court decisions) can be used in determining the meaning of some of the provisions of our
Constitution that originated from the US Constitution.
Q: What is the difference between Political Law and Constitutional Law (aside from the latter being a branch of
Political law)
A: Political Law 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. On the other hand, Constitutional Law deals with the
maintenance of the proper balance between authority as represented by the three (3) inherent powers of the State and
liberty as guaranteed by the Bill of Rights.
Q: What is the reason for the change in the title of Political Law to Constitutional Law 1?
A: In Constitutional Law I, we are generally studying the three branches of the government. We study their powers,
duties and responsibilities. If the title of this subject is still Political Law, then we must also study administrative law,
local government, election laws and the bill of rights. These are covered by other subjects offered in a different semester
or year level.
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Q: What is the definition of the Constitution?
A: It is the fundamental organic law of a State which contains the principles on which government is founded, and
regulates the division and exercise of sovereign powers. (Justice Cooley)
Q: What is sovereignty?
A: It is the supreme and uncontrollable power inherent in a State by which that State is governed. (Garner, Political
Science and Government)
Juristically speaking, it is the supreme, uncontrollable power, the jures summi imperri, the absolute right to govern. It is
the supreme will of the State, the power to make laws and enforce them by all means of coercion it cares to employ.
(Gonzales, Philippine Political Law)
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3. Internal sovereignty – management of our domestic affairs; the supremacy of a person or body of persons in the
State over the individuals or association of individuals within the area of its jurisdiction. (Gonzales, Philippine Political
Law)
4. External sovereignty – freedom from external control. It is the supremacy of the State as against all foreign wills.
(Gonzales, Philippine Political Law)
Q: What is an amendment?
A: It refers to isolated or piecemeal change in the Constitution.
Q: What is a revision?
A: It is a revamp or rewriting of the whole Constitution.
On the other hand, amendment broadly refers to a change that adds, reduces, or deletes without altering the basic
principle involved. Revision generally affects several provisions of the Constitution, while amendment generally affects
only the specific provision being amended.
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2. By a constitutional convention which is called by two-thirds (2/3) vote of all the members of the Congress, or by a
majority vote of all the members of the Congress in case the question of calling such a convention is submitted to the
electorate
Q: Who has the right/power to choose what mode to use in proposing amendments/revisions?
A: Congress
CONCEPT OF STATE
Q: What is a State?
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A: It is a community of persons, more or less numerous, permanently occupying a definite territory, independent of
external control, and possessing a government to which a great body of inhabitants render habitual obedience.
*Reputedly, the smallest State in point of population is the Vatican. Its estimated five hundred (500) citizens, mainly
clerics and some Swiss guards, are ruled by the Pope. The island Republic of Nauru has a total population of only nine
thousand (9,000). China is the largest state in point placed at more than one billion (1,000,000,000).
Q: Can you have a State where the people are all men or all women?
A: No. There would be no procreation, thus, the State would not be able to sustain or survive. The State should be able
to maintain its existence, thus, continuity of the race is a must.
*The territory should be neither too big as to be difficult to administer and defend nor too small as to be unable to
provide for the needs of the population such as food and natural resources.
Q: Without Article I, can we claim that we have a territory? What is the purpose of Article I?
A: Yes. It is not the legal basis of our territory because if it is, then without Article I, we will not have a territory,
therefore, we will not be a State. Our territory existed since time immemorial.
* Sovereignty over airspace extends only until where outerspace begins. (50-100 miles from the earth)
Q: Is there a part of Article I which confirms that the Philippines adopts the archipelagic doctrine?
A: Yes. It is found in the last sentence of Article I which states that “The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.”
Q: How do you make the 7,107 islands into one integrated unit?
A: Use the straight baseline method.
Q: What is the difference between normal baseline method and straight baseline method?
A: Normal baseline method follows the sinuses and curvatures of the islands while straight baseline method determines
the outermost points of the outermost islands then connects them.
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Q: What is the purpose of the straight baseline method?
A: Primarily, to protect our territorial security and integrity; incidentally, to enlarge or expand our territorial sea.
The main purpose is to protect our territorial security and integrity because if we use the normal baseline method, there
would be pocket seas (areas or high seas that would not be part of our territory because of the twelve nautical miles
rule).
Q: Why do you call the three (3) nautical miles the canon-shot rule?
A: That time, the rule was you can only own what you can defend. In the eighteenth (18th) century, the strongest
weapon was the canon, the effective range of which was only three (3) nautical miles.
Q: What is government?
A: It is the agency or instrumentality through which the will of the State is formulated, expressed, and realized.
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Q: Does it mean that there would be no instance where governmental functions need to be distinguished?
A: No. There is - Doctrine of State Immunity.
Q: Was there a time that we had a de jure government and a de facto government?
A: Yes, during the time of Japanese Occupation. The Japanese belligerent occupants established a de facto government
(of the third kind). The Commonwealth of the Philippines, under the presidency of Roxas, is the de jure government.
Q: What is the effect of belligerent occupation on: (1) Sovereignty; (2) Laws; and (3) Judicial Decisions, of the occupied
territory?
A: (1) Sovereignty – Sovereignty itself is not suspended, only the exercise of sovereignty. Sovereignty cannot be
suspended because it is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible
(Laurel vs. Misa).
(2) Laws – Political laws are merely suspended, subject to revival under the jus postliminium upon the end of the
occupation. Non-political laws are deemed continued unless changed by the belligerent occupant since they are
intended to govern the relations of individuals as among themselves and are not generally affected by changes in
regimes or rulers.
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However, the rule suspending political laws affects only the civilian inhabitants of the occupied territory and is not
intended to bind the enemies in arms. It also does not apply to the law on treason although decidedly political in
character. This rule only covers the civilian inhabitants of the occupied territory. It does not bind enemies at war. (Ruffy
vs Chief of Staff)
(3) Judicial Decisions –They are valid during the occupation and even beyond except those of a political complexion,
which are automatically annulled upon the restoration of the legitimate authority (Co Kim Chan vs. Valdez Teh).
Thus, a person convicted of treason against the Japanese Imperial Forces was, after the occupation, entitled to be
released on the ground that the sentence imposed on him for his political offense had ceased to be valid (Peralta vs.
Director of Prisons). But if the conviction was for a non-political offense like, say, defamation, the sentence would not be
affected by the termination of the occupation.
Article II, Section 1 provides: “The Philippines is a democratic and republican State. Sovereignty resides in the people and
all government authority emanates from them.”
Non-political laws, by contrast, continue in operation, for the reason also that they regulate private relations only,
unless they are changed by the new sovereign or are contrary to its institutions. (Read the cases of People vs. Perfecto
and Macariola vs. Asuncion)
STATE IMMUNITY
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A: The demands and inconveniences of litigation will divert the time and resources of the State from the more pressing
matters demanding its attention, to the prejudice of the public welfare. Otherwise stated, funds for projects or other
legitimate purposes will be used for cases filed against the State. The practical reason is the service that will be lost if the
money will be diverted.
Q: Is the Doctrine of State Immunity applicable to other States in local jurisdiction? Why or why not?
A: Yes. Par in parem non habet imperium. An equal has no power over an equal. All States as sovereign equals cannot
assert jurisdiction over one another. The United States of America cannot be sued here in the Philippines without its
consent. (see USA vs. Guinto)
*What will the judge do if this is the case? – The judge will find out if the State gave its consent. If not, the case
will be dismissed.
* But often, what lawyers do is that they file the case against the government officers so that it will not be
dismissed outright.
*If you do this, it is not obvious that the suit is against the State. Then how do you know that the suit is against
the State?
Affirmative act may be in the form of: money, payment of damages, fund, appropriation.
General Rule/Test: If it requires an affirmative act of the State, the case will be dismissed.
Exception: If there would be an injustice as enumerated above, the case will not be dismissed.
Rationale: The Doctrine of State Immunity cannot be used to perpetrate an injustice.
Q: What is a charter?
A: In a corporation, it is the Articles of Incorporation.
In an incorporated government agency, it is a special law creating a government-owned or-controlled corporation
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Incorporated Agency
- Has a charter, therefore, has a juridical or separate personality
- Examples: National Power Corporation (NPC); University of the Philippines (UP)
Unincorporated Agency
- Part of the entire government machinery
- Lined agency
- Example: DOJ and all other departments under the Executive branch
- Not chartered, but it does not mean that it is not created by law. It could only mean that it is not stated
whether or not it can sue and be sued.
- Has no separate/juridical personality
- Rule: Distinguish whether function is governmental or proprietary
Governmental – suit against the State
Proprietary – not suit against the State
Why is it that generally, if it is a chartered agency, it is not a suit against the State?
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1. Express – general law one which applies to the whole State and operates throughout the State alike upon
all the people or all of a class; applies to all; no particular person is mentioned as to who can avail of the law.
– special law one which applies to a particular community, individual or thing; applies to a
specific person. (e.g. charter – created for the particular government agency, special to such
government agency)
2. Implied
Q: If the State is liable, does it mean that you can already execute the judgment?
A: No. As held in Republic vs. Villasor, every disbursement of public funds shall be covered by a corresponding
appropriation passed by the Legislature. A judgment against the State, in a case where it consents to be sued, simply
implies that the Legislature will recognize the judgment as final and make provisions for its satisfaction.
Garnishment
General Rule: Whether the money is deposited by way of general or special deposit, it remains as government funds and
may not be subject to garnishment.
Exception: When a law or an ordinance has been enacted appropriating a specific amount to pay a valid government
obligation, then the money can be garnished.
STATE POLICY
It means that the State is enjoined to strengthen the family or is prohibited from adopting measures which can impair
the solidarity of the Filipino family. Calling the family a “basic” social institution is an assertion that the family is anterior
to the State and is not a creature of the State. The categorization of the family as “autonomous” is meant to protect the
family against instrumentalization by the State.
Q: Considering the policy on the family, do you think the Congress can enact a law on divorce?
A: Yes. The constitutional provisions on marriage do not imply that the Legislature cannot enact a law allowing absolute
divorce. While it is fundamental that marriage must be protected, it is likewise to be acknowledged that there may be
certain cases where the parties might have undergone a marriage ceremony to bind themselves together but,
subsequently, no functional marital life would exist. Hence, there is no marriage to preserve at all. The Legislature has
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the plenary power to decide what sort of situations allowing absolute divorce may be recognized within the limits
allowed by the Constitution. (Sta. Maria)
Q: What is the policy of the State with respect to war? Is it contradictory to Section 4 of Article II which states that
“The prime duty of the Government is to serve and protect the people. The Government may call upon the people to
defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to
render personal, military or civil service.”?
A: Section 2 of Article II states that “The Philippines renounces war as an instrument of national policy xxx.”
No. What is renounced by the Philippines through the Constitution is aggressive war, not defensive war, because of its
membership in the United Nations (UN) whose charter renounces war as an instrument of national policy of its member-
States. As a signatory to the UN Charter, the Philippines adheres to Article 2 (4) of the UN Charter which states: “All
Members shall refrain in their international relations from the threat or use of force against the territorial integrity or
political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”
It does not renounce defensive war because the Government is duty-bound to protect the people, as provided in Section
4 of Article II. The power to wage a defensive war is the very essence of sovereignty.
The Philippines is also a signatory to the Kellog-Briand Pact, a treaty renouncing war as an instrument of national policy
of the signatory States.
Q: Can President Aquino write you a letter ordering you to report to the military headquarters to render military
service? Can you refuse?
A: Yes, and I cannot refuse. As held in the case of People vs. Lagman, the duty of the Government to defend the State
cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be
to make this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein.
Q: Under the incorporation clause, without a law stating that the international law is incorporated, the law is not
incorporated in the land. Is this right?
A: No. Under the incorporation clause, incorporation is automatic.
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A: Yes. The citizens can be compelled to render personal, military, or civil service in times of peace in preparation for a
war which may ensue in the future.
Filipino women have proven their worth and heroism in various aspects of the country. They have led battles, led the
country in the executive, legislative and judiciary. They have not only become partners in nation-building; they have
become leaders as well. (Albano, Philippine Government and Constitution)
Social justice cannot be invoked to perpetrate injustice. It cannot be invoked to trample upon the rights of property
owners, who, under the Constitution and laws, are entitled to protection. It is not meant or intended to take away a
right from one and give it to another not entitled thereto simply because he is poor. It cannot nullify the law on
obligations and contracts.
The Constitution recognizes the private sector as a catalyst in the development of the economy, since the resources of
the government are not enough to develop the economy without sacrificing public service. The private sector through
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its investments employing a lot of people is a potent force in the advancement of the State. (Albano, Philippine
Government and Constitution)
Q: What is the policy of the State on women and children, especially with regard to the unborn?
A: Section 12 provides that “The State recognizes the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the
development of the moral character shall receive the support of the Government.”
Q: What is more important for the State, the life of the mother or the life of the unborn?
A: Both. Section 12, in clear and unequivocal terms, explicitly states that “It shall equally protect the life of the mother
and the life of the unborn from conception.”
But it does not mean that there is total or absolute separation. The better rule is symbiotic relations between the Church
and State. (Albano, Philippine Government and Constitution) (see Aglipay vs. Ruiz)
Q: Does it mean that the Church is not allowed to express its opinion regarding the affairs of the State and vice-versa?
A: No. If the Church issues a statement on public and important issues concerning the State, it is not a violation of the
separation of Church and State. It is a part of the exercise of the freedom of expression because it is in the open market
of ideas that the aims of the State of promoting a peaceful, honest, safe, educated, humane and just society may be
attained. The Church and State are partners in promoting the common good for the people. (Albano, Philippine
Government and Constitution)
Q: What are the two (2) important aspects of the principle of separation of Church and State?
A: (1) Non-establishment clause – “No law shall be made respecting an establishment of religion, or prohibiting the free
exercise thereof...” (Sec. 5, Art. III, 1987 Constitution)
(2) Free exercise clause – “The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed.”
SEPARATION OF POWERS
Q: What is separation?
A: Allocation/distribution of governmental powers
NOTE: The conferment is usually done expressly, as in the vesture of the legislative power in the Congress, the executive
power in the President, and the judicial power in the Supreme Court and such lower courts as may be established by
law. Even in the absence of an express conferment, the exercise of a given power may be justified under the DOCTRINE
OF IMPLICATION, which is based on the theory that the grant of an express power carries with all other powers that may
be reasonably inferred from it.
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Q: What are the legislative powers?
A: MAR
Make, amend/alter, repeal laws
Note: Separation of powers is inherent in a republican system of government. The major powers of government are
actually distributed by the constitution among the several departments and the constitutional commissions.
Constitutional Commissions:
1. Commission on Audit (COA)
2. Commission on Elections (COMELEC)
3. Civil Service Commission (CSC)
Q: Is there a provision in the Constitution that states that the Philippines follows separation of power?
A: None. We follow separation of powers because it is one of the manifestations of a republican state. (Note: Do not just
say that it is inherent in a republican state)
GRABE-SBC-DB
Government of laws, not of men
Rule of Majority
Accountability of Public Officers
Bill of Rights
Election of Public Officers
Separation of Powers
Blending of Powers
Checks and Balances
Delegation
PENUMBRA
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Q: Describe the relationship of the three departments.
A:
1. The three departments are interdependent of one another.
2. They are co-equal and coordinate.
3. They allow for checks and balances.
Examples:
1. Enactment of general appropriations
2. Grant of amnesty by the president
3. Deputization by Commission on Elections (COMELEC) of law enforcement agencies and instrumentalities.
2. Checks by Congress
Congress may override the veto of the President [Art. 6, Sec. 27 (1)]; revoke the proclamation of martial law
or suspension of the privilege of the writ of habeas corpus by the President; and amend or revoke decisions of the courts
(by the enactment of a new law or by an amendment of the old, giving it such meaning and interpretation as to wipe out
the effect of such decisions). It has the power to define, prescribe and apportion the jurisdiction of the various acts (Art.
8, Sec. 2); prescribe the qualifications of judges of lower courts; determine the salaries of the President and Vice
President (Art. 7, Sec. 6), the members of the Supreme Court (SC) and judges of lower courts (Art. 8, Sec. 10); and
impeach the President and members of SC (Art. 11, Sec. 2).
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Q: By judicial review, does it mean that the Judiciary is supreme over the two other departments?
A: No, what it is upholding is not its own supremacy but the supremacy of the Constitution.
Illustration:
X – power Y; Y cannot delegate such power to Z
Legend:
X= people; Y= government agency (LEJ); Z= anyone
Q: What is the delegation of tariff powers to the President [Article 6 Section 28(2)]?
A: The President is granted stand-by or flexible tariff powers in the *Tariff and Customs Code. The reason for this
delegation is NECESSITY, not to say expediency. It is recognized that the legislative process is much too cumbersome for
the speedy solution of some economic problems, especially those relating to foreign trade. The President must exercise
the authority given within the framework of the national development program of the government.
TARIFF= TIE-TWO(ID)
Tariff, Import/Export Quotas, Tonnage, Wharfage Dues, Other Imposts and Duties
a.) The emergency powers may be granted by law to the President only in times of war or national emergency
(rebellion, grave economic depression). It is the Congress that determines whether there is war or national
emergency.
b.) The said powers must be exercised only during a limited period, that is, for the duration of the war or other
national emergency.
If Congress said that the President can exercise the emergency power for one (1) year, but after 1 year the emergency
still exists. Does the power of the President continue?
No. According to Justice Paras, “emergency itself cannot and should not create power.” The mere continuance of the
emergency does not necessarily continue the President’s emergency power if they have been granted to him for a
shorter period.
If Congress allowed one (1) year for the emergency power of the President but after 1 month the emergency ceased.
Will the emergency power of the President continue?
No. The emergency powers are self-liquidating unless sooner withdrawn, in the sense that they will automatically cease
upon the end of the emergency that justified their delegation.
c.) They must be exercised subject to such restrictions (limitations/ conditions) (e.g. requiring the President to
make a report to the Congress when it meets in session).
d.) They must be exercised to carry out a national policy as declared in the law delegating the authority.
NOTE: They shall automatically cease upon the next adjournment of Congress unless sooner withdrawn by resolution in
view of its opinion that emergency has ceased. It is not necessary that the withdrawal be done through a statute. A
resolution does not need the approval of the President whereas a statute, to be effective, needs the President’s
approval.
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*According to Atty. Bugayong, for him, this is not a permissible delegation
X –power LEJ X?? The Sovereignty of the people = Reserved power (Sec. 1 Art. 6)
A; It is a method whereby the people themselves can directly propose amendments to the *Constitution. It is an
application of the democratic concept embodied in Article 2, Section 1.
The government of the state is democratic, but it is a representative democracy, and in passing general laws the people
act only through their representatives in the legislature. Such reference of the law to the people at large for acceptance
or rejection is plain surrender of the law making power.
Referendum: method of submitting an important legislative measure to a direct vote of the whole people.
Plebiscite: questions submitted in the plebiscite are intended to work more permanent changes in the political structure,
like a proposal to amend the constitution; device to obtain a direct popular vote on a matter of political importance, but
chiefly in order to create some more or less permanent political condition.
Q: What is delegation to the Local Government Units (LGUs) (Art. 10, Sec.3)?*Local Government Code
A: This traditional exception is based on the recognition that local legislatures are more knowledgeable than the national
law making body on matters of purely local concerns and are therefore in a better position to enact the necessary and
appropriate legislation thereon.
Contingent Regulations: They are allowed to ascertain the existence of particular contingencies and on the basis thereof
enforce or suspend the operation of a law. Such also have the force and effect of law.
Quasi-Legislative Power: It is the authority delegated by the law making body to the administrative body to adopt rules
and regulations intended to carry out the provisions of a law and implement the legislative policy.
1.) COMPLETENESS TEST the law must be complete in all its essential terms and conditions when it leaves legislature
so that there will be nothing left for the delegate to do when it reaches him except to enforce it. (US vs. Ang Tang Ho)
2.) SUFFICIENT STANDARD TESTintended to map out the boundaries of the delegate’s authority by (1) defining the
legislative policy; and (2) indicating the circumstances under which it is to be pursued and effected. The standard is
usually indicated in the law delegating legislative power (Ynot vs. IAC). But even if the law does not expressly pinpoint
the standard, the courts will bend over backward to locate the same elsewhere in order to spare the statute, if it can,
from constitutional infirmity.
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*Standards, parameter, guidelines
*Are the two standards required alternately or should both tests be present for it to be considered validly delegated?
Generally, one is enough. It depends on the situation.
Even if the law does not spell out in details the limit of the delegate’s authority, it may still be sustained if the delegation
of legislative power is made subject to a sufficient standard. HOWEVER, according to the Pelaez Case, the two tests must
be applied concurrently and not alternatively.
Completeness Test and Sufficient Standard Test must be applied together or concurrently.
According to Justice Concepcion, “Although Congress may delegate, it is essential, to forestall a violation of the principle
of separation of powers, said law should:
(a) Be complete in itself – it must set therein the policy to be executed, carried out or implemented by the
delegate.
(b) Fix a standard – the limits of which are sufficiently determinate or determinable to which the delegate must
conform in the performance of his functions
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