CONSTI REVIEWER

Note: The following are guidelines in answering the exam:

- Should answer in this format if the question is answerable by Yes or No, True or False: [eg. True.
Legal basis. Example.]
- The answer should have 2-3 sentences only.
- Do not repeat the question in your answer.

CONSTITUTION
: highest law of the land; beyond which, all other laws have to prove their legitimacy
: social contract that binds the people
: a social agreement/arrangement for the peace of the society
: the citizens rights and must follow the rules
*Ordinance is a law made by counselors

FUNCTIONS OF CONSTITUTION
1. Serves as the supreme or fundamental law
2. Establishes basic framework and underlying principles of government
3. Designed to protect the basic rights of the people

KINDS OF CONSTITUTION
1. As to their origin and history
a. Conventional or Enacted – enacted by a constituent assembly
b. Cumulative or Evolved – developed from customs, traditions, judicial decisions,
etc.
2. As to their form
a. Written – documented in a single file
b. Unwritten – some parts are documented, some are not
3. As to manner of amending them
a. Rigid or Inelastic – cannot be amended or altered easily because it is
documented
b. Flexible or Elastic – not documented so it can easily be altered
*The Philippine Constitution is classifies as conventional or enacted, written, and rigid or
inelastic. It was drafted by an appointive body called “Constitutional Commission”.

REQUISITE OF GOOD WRITTEN CONSTITUTION

a. Brief – it should be as short as possible, it should not be wordy
b. Broad – comprehensive, it should embody the past, reflect the present, and
anticipate the future
c. Definite – it should be precise, concrete

ESSENTIAL PARTS OF THE CONSTITUTION

 Constitution of Government – dealing with the frame work of government, its structure
and powers, and defining the electorate.
  Constitution of Liberty – setting forth the fundamental rights of the people and imposing
certain limitations on the powers of the government as a means of securing the
enjoyment of these rights.
 Constitution of Sovereignty – pointing out that mode or procedure for amending or
revising the constitution.
[Note: It is still as constitution even without the other parts (e.g. Preamble and National
Territory) as long as these 3 parts are present.]

Article XVII: Amendments or Revisions

 Amendment: change of provision.
 Revision: rewriting of the entire constitution.
*Amending: 1. Proposal; 2. Ratification

Article XVIII, Sec. 27

 1987 Constitution's effective date is February 2, 1987. The act of voting is the act of
ratification.

Modes of Acquiring Territory

1. Discovery and Occupation (inseparable) – discovers uninhabited and occupied, inhabited
by uncivilized, discovered but not occupied
2. Prescription – continuous undisputed exercise at least 50 years
3. Cession – assignment, purchased, sold
4. Subjugation and Acquisition – acquired through war

SUPREMACY OF THE CIVILIAN AUTHORITY OVER THE MILITARY.

: the president, a civilian, is the commander-in-chief of all armed forces of the Philippines.

RENUNCIATION OF WAR
: refers only to the renunciation by the Philippines of aggressive war, not war in defensive war
because it is a basic right of self-preservation and self-defense, and the state has the right to
exist.

PHILIPPINES AS A DEMOCRATIC AND REPUBLICAN STATE

 Democratic: government of the people, by the people, and for the people
 Republican: representation/representative

MANIFESTATIONS OF A REPUBLICAN STATE

✓The existence of a bill of rights;
✓The observance of the rule of the majority;
✓The observance of the principle that ours is a government of laws and not of men;
✓The presence of elections through popular will;
✓The observance of the principle of separation of powers and the system of checks
 and balances;
✓The observance of the principle that the legislature cannot pass irrepealable laws;
✓The observance of the law on public officers; and
✓The observance of the principle that the state cannot be sued without its consent.

CITIZENSHIP
: registered individual in a political society

WAYS OF ACQUIRING CITIZENSHIP

 Involuntary – by birth, because of blood relationship or place of birth
 Voluntary – by naturalization

CITIZENS BY BIRTH
1. Jus Sanguinis – right of blood; the children follows the citizenship of the parents or one
of them
2. Jus Soli – right of the soil, place of birth is the basis for acquiring citizenship

CITIZENSHIP AT THE TIME OF THE ADOPTION OF THE CONSTITUTION

: individuals who are considered Filipino citizens at the time of effectivity of the Constitution
 Before 1935 Constitution: Philippine Organic Act 1902 – all inhabitants of the Philippines
continuing to reside therein, who were Spanish subjects on April 11, 1899, and their
children born in the Philippines, shall be deemed and held to be citizens of the
Philippines.

Father Mother Child

1. Filipino Alien Filipino
2. Alien (Married) Filipino Alien (1935: unless elected the Philippine
citizenship)
3. Alien (not married) Filipino Filipino (1987 Constitution protects the
mother and the child to be stateless
4. Filipino Filipino Filipino (1973 Constitution requires both
parents to be a Filipino)

NOTES ON CITIZENSHIP
 1935: when the father is alien, the child follows the father’s citizenship. If the mother is
a Filipino citizen, the child or the mother must elect the Filipino Citizenship.
 1973: the word “and” requires both parents to be a Filipino, only then, the child will be
considered citizen of the Philippines.
 1987: the word “or” refers to either of the parent is a Filipino, then a child is also a
Filipino citizen. If the mother is a Filipino and the father is an alien and they are not
married, the 1987 Constitution protects the mother and the child from being stateless,
so both the mother and the child is a Filipino.
SUFFRAGE
 Privilege – not all is given the privilege to vote because there are qualifications, but can be
held by the government.
 Personal Right – it is something you cannot be delegated, something you cannot pass to
other people.
 Constitutional Right – the Constitution provides for it / it is in the constitution.
 Not Inherent – no one is born automatically with a right to vote because there is an age
requirement for it.
*Suffrage is not mandatory because of the word “may”.
Requirements:
 Citizen of the Philippines
 At least 18 years of age
 Resided in the Philippines at least one year
 Not disqualified by law
*Congress cannot impose property requirement for the exercise of suffrage.

BRANCHES OF THE GOVERNMENT

 EXECUTIVE – to execute, implement or administer laws.
 President – 6 years, no re-election
✓Power to appoint
✓ Removal power – not in the Constitution but is implies in the power to appoint
*The president cannot remove all his appointments because there are appointees of the
president that can only be remove through impeachment.
✓ Power of control over all executive departments, bureaus and offices
*Over cabinet members or other subordinate officers because they serve as the alter ego of
the President
✓ Supervision Power
*Over Local Government Units. Supervision only because LGUs are independent and has their
own autonomy under the Local government Code.
✓Military power
✓ Pardoning Power or Executive Clemency
*Reprieves, commutation, pardon, amnesty, suspension of sentence.
✓Budgetary Power
✓ Veto Power
[Note: When Vice President shall become President, he/she can be re-elected only if he/she
didn’t serve for more than 4 years.]
 PARDON AMNESTY
Forgiveness Forgetfulness
After conviction Before or after conviction
The crime was forgiven. Released from The crime is erased as if no crime is
consequences. committed.
Private act of the President Act of the President with concurrence of
Congress.
*Pardon as consequence of impeachment: no pardon if convicted in impeachment complaint

 LEGISLATIVE – to make laws, and when the time comes amend or repeal it.
*Congress: House of representatives and Senate
 Senator: 2 consecutive terms of 6 years each term.
*Qualifications
✓A natural born citizen of the Philippines;
✓At least 35 y/o on the day of the election;
✓Able to read and write;
✓A registered voter; and
✓A resident of the Philippines for not less than 2 years immediately preceding the day of
the election.

 Congressman: 3 consecutive terms of 3 years each term.

*Qualifications
✓A natural born citizen of the Philippines;
✓At least 25 y/o on the day of the election;
✓ Able to read and write;
A registered voter in the district in which he shall be elected; and
✓ A resident thereof for a period not less than 1 year preceding the day of the election.
 Senate President and Speaker of the House: No fixed term; serve for the pleasure of
their colleagues (the one who can remove them)
[Note: No qualifications can be added because qualifications stated in the Constitution is
exclusive.]

 JUDICIAL – to apply the laws.

*Interpretation will only arise when the law is not clear.

READINGS
 First Reading: title, author
 Second Reading: content, amendments, debate
 Third Reading: voting, no more amendments.
 *The three-reading requirement is not absolute because the Constitution provides certain
exception that when the President certifies to the necessity of its immediate enactment to
meet a public calamity or emergency, a bill can become a law.

PUBLIC OFFICE IS A PUBLIC TRUST

: their power emanates from us therefore they are accountable to us.

GOVERNMENT OF LAWS AND NOT OF MEN

: no one is above the law.

INHERENT POWERS OF THE STATE

: it is inherent because it co-exists with the state.
: powers and authority that are intrinsic part of a state and that exist without being expressly
granted in the Constitution.
 POLICE POWER: power of the state to regulate a person’s liberty or property to promote
public health, public morals, public safety, and the general welfare and convenience of
the people.
*General over Individual
 POWER OF TAXATION: power of the state to impose charge or burden upon persons,
property, or property rights, for the use and support of the government and to enable it
to discharge its appropriate functions.
 POWER OF EMINENT DOMAIN: power of the state to take private property for public use
upon paying to the owner a just compensation to be ascertained according to the law.
*eminent = superior

IMPEACHABLE OFFICERS
 President
 Vice-President
 Members of the Supreme Court
 Members of the Constitutional Commissions
 Ombudsman
*Those officials may only be convicted of culpable (intentional) violations of the Constitution.
The above provided officials are the only ones who can be removed through impeachment no
one can add the list, may it be in the legislative body because the Constitution is exclusive and
continuing.

**CASES!!!

ALIH ET AL. v. DE CASTRO

Fact: November 25 1984 – under a superior order, more than 200 Philippine marines and
elements of the home defense forces raided the compound occupied by the petitioners, in
search of loose firearms, ammunition and explosives without a search warrant.
Grounds for Ruling:
  Constitution’s supremacy over superior orders.
 One cannot just force his way into any man’s house on the illegal orders of a
superior, however lofty his rank.
 “No matter how noble the reason or intention is, it cannot neglect the existence of the
Law.” – Atty. Nolay
 Government of Law and not of men – all offices of the government, from the highest to
the lowest are creatures of the law and are, therefore, bound to obey it.

MANILA PRINCE HOTEL v. GSIS

Issue: GSIS refused the MPH’s offer to match the winning bid because of the contact.
Grounds for Ruling:
 Constitution’s supremacy over the contract.

TECSON v. COMELEC
Issue: Whether or not Ronald Allan Poe is a natural-born Filipino citizen.
Grounds for Ruling:
 He’s father is a Filipino Citizen under the Philippine Organic Act of 1902 which provides,
“…that all inhabitants of the Philippines who were Spanish subjects on April 11, 1899 and
resided therein including their children are deemed to be Philippine citizen.”
 While Article 4, Section 1 (3) of the 1935 Constitution provides that FPJ is a Filipino citizen
because his father is a citizen of the Philippines.

MERCADO v. MANZANO
Issue: Whether or not Eduardo Barrios Manzano a legitimate child yet a Filipino and a US
citizen, being a dual citizen, is allowed to run for Vice-Mayor.
Grounds for Ruling:
 Dual citizenship is different from dual allegiance. The former arises when, as a result of
the concurrent application of the different laws of two or more states, a person is
simultaneously considered a national by the said states.
 Dual allegiance, on the other hand, refers to the situation in which a person
simultaneously owes, by some positive act, loyalty to two or more states. While dual
citizenship is involuntary, dual allegiance is the result of an individual's volition.
 Article 5 Section 6 of the constitution was not concern with dual citizens per se but with
naturalized citizens who maintain their allegiance to their countries of origin even after their
naturalization. Hence, disqualification based on dual citizenship contemplates dual allegiance.
 His mere filing of the COC is already renunciation.

VALLEZ v. COMELEC
Issue: Whether Rosalind Ybasco Lopez is a Filipino or an Australian.
Grounds for Ruling:
 Rosalind Ybasco Lopez’s father is a Filipino Citizen under the Philippine Organic Act of
1902 which provides, “…that all inhabitants of the Philippines who were Spanish subjects
on April 11, 1899 and resided therein including their children are deemed to be Philippine
citizen.” Rosalind Lopez, an ascendant of her father makes her a Filipino citizen.
POE v. COMELEC
Issue: Whether or not Grace Poe is a Filipino citizen.
Grounds for Ruling:
 Statistics: 99% of the people who are residing at Iloilo are Filipinos at that time
 UN Convention Law: Foundlings acquire the citizenship of the country where they are
being found.
 Constitution being silent vocal for foundlings.
 Physical Features is Filipino.
 RA 9225: Repatriation

IN RE: CHING Bar Matter

Issue: Ching being born with a Filipina mother and Chinese father before 1935 Constitution,
haven’t elected the Filipino citizenship after reaching the age of majority and 3 years after
reaching the age of majority. Whether or not he has elected Filipino Citizenship within a
“reasonable time.”
Grounds for Ruling:
 Election of citizenship should be made within 3 years from “upon reaching the age of
majority”, which is 21 years old.
 Doctrine: Philippine citizenship can never be treated like a commodity that can be claimed
when needed and suppressed when convenient.

TAXICAB OPERATORS v. BOARD OF DIRECTORS

Issue: Police Power through Memorandum Circular Order.
Grounds for Ruling:
 Road worthiness (Arbitrary)
 Equal Protection of law: it covers only Metro Manila because it is a known fact that it is
traffic in Manila.
 Contract of Transportation: phase-out old and dilapidated taxis for safety of the people.

LOZANO v. MARTINEZ
Issue: Whether or not BP22 is constitutional. Police Power exercised thru enactment of BP22.
Grounds for Ruling:
 BP22 is constitutional because it protects the people from receiving worthless checks, it
being a public nuisance.
 It is constitutional because it is passed as a law. One cannot violate a law that is
unconstitutional.

DEX v. SAN DIEGO

Issue: Whether respondent was deprived of his right to a medical education.
Grounds for Ruling:
 Supreme Court: the respondent has the right to education but does not have a
constitutional right to be doctor. What is at stake is the right of the people to life and
safety.