ERWIN P.

GALURA
JD I – Block 1

CONSTITUTIONAL LAW I

1. A. Par In Parem Non Habet Imperium – is a latin for “equals have no sovereignty
over each other”. This is the principle of sovereign equality of State, under which one
state cannot assert jurisdiction over another.
B. Constitutional Law – is a study of the structure and powers of the Government of the
Republic of the Philippines. It also deals with certain basic concepts of the Political Law,
nature of the State, supremacy of the Constitution, separation of powers, and the rule of
majority.
C. State – Community of persons, more or less numerous, permanently occupying a
fixed territory, and possessed of an independent government organized for political ends
to which the great body of inhabitants render habitual obedience.
D. Archipelago Doctrine – under this doctrine, we connect the outermost points of our
archipelago with straight baselines and consider all the waters enclosed thereby as
internal waters.
E. Parens Patriae – this doctrine provides that, one of the most important tasks of the
government is to act for the State as guardian of the rights of the people.

2. The three essential parts of the written constitution are 1. Constitution of Liberty – this
is set forth the fundamental civil and political rights of every citizens and imposing
limitations on the power of government as a tool of securing the enjoyment of this rights.
2. Constitution of Government – refers to the structure of government, powers,
prescribe rule in relation to proper administration and it defines the electorate 3.
Constitution of Sovereignty - refers to procedural matters in accordance with the
fundamental law that may arise.
3. Potestas delegata non delegari potest – the rest are ways to interpret the constitution.
4. A. Disagree. Article 2, Section 4 provides: 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.
B. Agree. Unlike the 1935 Constitution, the above Preamble is couched not in the third
person but in the first. It was felt that the use of the more intimate first person would
deepen the sense of involvement and participation of the individual citizens in the
ordaining and promulgation of the Constitution, which is supposed to be their common
 handiwork. Preamble in 1987 constitution is not considered a source of substantive right
since its purpose is only to introduce the constitution. However, its function is not merely
rhetorical as, in the first place, the Preamble serves to indicate the authors of the
Constitution.
C. Agree. Constituent functions constitute the very bonds of society and are therefore
compulsory while the Ministrant functions are those undertake to advance the general
interest of society which are merely optional.
D.
E. Disagree. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and House of Representatives, except to the extent
reserved to the people by the provision on initiative and referendum.
F. Disagree. The Congress also discharges powers of a non-legislative nature, among
them the canvass of the presidential elections, the declaration of the existence of a state
war, confirmation of amnesties, and presidential appointments, the amendment or
revision of the Constitution, and impeachment.
G. Disagree.
H. Disagree. The parties, organizations, and coalitions receiving at least 2% of the total
votes cast for the party-list system shall be entitled to one guaranteed sear each.
I. Disagree.
J. Agree. There are two requirements that must concur in order that the privilege of
speech and debate can be availed of by the member of the Congress. First, the remarks
must be made while the legislature or the legislative committee is functioning. Second,
they must be made in connection with the discharge of their official duties.
5. A. Suability and Liability – Suability is the result of the express or implied consent of
the State to be sued while Liability is determined after hearing on the basis of the relevant
laws and established facts.
B. Nation and State – Nation indicates relation of birth or origin and implies a common
race, usually characterized by community of language and customs while State
Community of persons, more or less numerous, permanently occupying a fixed territory,
and possessed of an independent government organized for political ends to which the
great body of inhabitants render habitual obedience. The State is legal concept while
nation is a racial and ethnic concept.
C. Government and Administration – Government is the agency through which the
will of the State is formulated, expressed and realized. Administration on the other hand,
group of persons in whose hands the reins of government are for the time being.
Administration runs the government.
 D. De Jure and De Facto Government – De jure government has a rightful title but no
power while De Facto Government, can exercise power but without legal title.
E. Legal and Political Sovereignty – Legal is the authority which has the power to issue
final commands whereas Political is the power behind legal sovereign, or sum of the
influences that operate upon it.
6. Independence and Degree of Civilization does not belong to the element of the State as
they may constitute the population and sovereignty respectively, which are two of the
elements of the State along with the territory and government.
7.
8.
9. A court-ordered preventive suspension is preventive measure that is different and distinct
from the suspension ordered by the HoR for disorderly behavior which is a penalty. Such
House imposed sanction is intended to endorse discipline among its members.