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Consti Notes
Consti Notes
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.
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)
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.
Q: Who has the right/power to choose what mode to use in proposing amendments/revisions?
A: Congress
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.
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.
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.
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.
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.
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
Q: What is the Doctrine of State Immunity?
A: It means that “the State may not be sued without its consent.” This provision reflects nothing less than a
recognition of the sovereign character of the State and an express affirmation of the unwritten rule insulating it
from the jurisdiction of the courts of justice. It is based on the very essence of sovereignty.
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
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?
The charter explicitly provides whether the agency can be sued or not.
If the charter does not provide for the agency’s suability, then it cannot be qualified as incorporated.
If it is chartered or incorporated, then it is not a suit against the State.
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
Q: What is the State’s policy on the family?
A: The first part of Article II, Section 12 states that “The State recognizes the sanctity of family life and shall
protect and strengthen the family as a basic autonomous social institution.”
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 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.
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 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.
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 the principle of separation of powers absolute?
A: No. It should be applied in accordance with the principle of checks and balances.
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
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).
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.
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
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.
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.
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