Constitutional Law Notes

What is a Constitution?
Constitution - the supreme law of the land. This is called the Doctrine of
Constitutional Supremacy. Below that are the international laws and statues, the laws and
regulations, and local ordinances. It is the fundamental, highest law that all officials and laws
of the land must obey. It can only be altered by the authority from which it emanated, and it
must be ratified by the people.
International law can only supercede the Constitution when it partakes the nature of a
jus cogens norm (a fundamental principle of international law that is accepted by the
international community of states as a norm from which no derogation is permitted). 

What is Organic Laws?

Organic Laws - takes the place of a constitution of the State does not have one (On
behalf of the absence of the Constitution).

What is Political Law?

Political Law - branch of public law which deals with the organization and operations of
the governmental organs of the State. (OrgOp&GovOr of state)

“If there is a change of sovereignty, political laws are abrogated.”

Macariola vs. Asuncion, 114 SCRA 77

    Macariola filed a complaint for partition against Macariola, concerning the properties left by
their common father, Francisco Reyes. Asuncion was the judge who rendered the decision,
which became final for lack of an appeal. They stated that Judge Asuncion violated Art 14 (1
and 5) of the Code of Commerce. 
    However, this Code is the Spanish Code of Commerce of 1885, which was extended to the
Philippines by a Royal Decree. Art 14 of the Spanish Code of Commerce is not a political law
but it has the nature of political law and therefore is abrogated if there is a change of
sovereignty, unless they are expressly re-enacted by affirmative act of the new sovereign..

Constitution of the Philippines

 The 1987 Constitution is our current constitution
 The 1986 Freedom Constitution: promulgated by Presidential Proclamation, March 25,
1986.
 The 1973 Constitution: draft presented to President Marcos by the 1971 Constitutional
Convention on December 1, 1972; deemed ratified by Citizens’ Assemblies held from
January 10 to 15, 1973, proclaimed in force by Proclamation by President Marcos,
January 17, 1973.
 Commonwealth or The 1935 Constitution: as approved by the 1934 Constitutional
Convention on February 8, 1935, certified by the President of the United States on
March 25, 1935, and ratified by plebiscite on May 14, 1935.
 The Jones Law of 1916: enacted into law by the United States Congress on August 29,
1916.
 The Philippine Organic Act of 1902: enacted into law by the United States Congress on
July 1, 1902
 The 1899 Malolos Constitution: approved by the Malolos Congress on November 29,
1898, draft returned by President Aguinaldo on December 1, 1898 for amendments,
 which the Congress refused; approved by President Aguinaldo on December 23, 1898; 
formally adopted by the Malolos Congress on January 20, 1899, promulgated by
President Emilio Aguinaldo on January 21, 1899.

Classifications of a Constitution
 As to origin and history
o Conventional -  is a gathering for the purpose of writing a new constitution or
revising an existing constitution
o Cumulative - based on the collection of established customs, traditions, court
actions, etc. over some period of time
 As to form
o Written Constitution
o Unwritten Constitution
 As to the manner of amending them
o Rigid or Inelastic - a constitution which stands above the other laws of the
country
o Flexible or Elastic -  is a constitution that is not defined or set apart in a distinct
document and that is not distinguishable from other law in the way in which its
terms can be legislatively altered

    The 1987 Constitution is conventional, written, and rigid

What makes a good written constitution? It has to be broad, brief, and definite. 
 Broad means that it should outline the framework of organization of the state
extensively. A declaration of domains and functions of the government, and the
interrelationships between those in power and the governed, necessitates an extensive
or broad document.
 Brief means that while it is extensive in its description of how the state and people
interact and how the government is organized, it must not contain any other
unnecessary provisions not relating to that.
 Definite means that it must not use any ambiguous words so as to avoid confusion and
misinterpretation.
(B.B.D)

What are the essential parts of the Constitution?

The essential parts of the Constitution are the constitution of government, the
constitution of sovereignty, and the constitution of liberty.
 Constitution of Government outlines the organization of the government enumerating
its power to certain rules.
 Constitution of Sovereignty contains the provisions on how to amend and to revise our
constitution.
 Constitution of Liberty sets forth the fundamental civil and political rights of the citizen.

1987 Constitution Outstanding Features

 18 Articles
 Excessively Long
 Bi-cameral Congress (Senate and the House of Representatives) is restored
 Strictly Presidential System
 Strengthened Judiciary Provisions (Expanded judicial powers)
 Constitutional Commissions
 o Commission on Elections
o Commision on Audit
o Civil Service Commission

Is the preamble essential? Is it important?

A preamble is not a source of rights and obligations. It is not an essential part of the
Constitution, but it is important because it sets the scope, origin, and purpose of the
Constitution.

1987 Constitution - Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a
just and humane society and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity the blessings of independence and democracy
under the rule of law and a regime of truth, justice, freedom, love, equality, and peace,
do ordain and promulgate this Constitution.

Distinguish Amendment from Revision

 An amendment is a small, specific change. Its purpose is to add, subtract, or specifically
change a small number of provisions.
 A revision is a complete overhaul of a certain provision, a complete alteration of its
basic principles and substantial entirety. It will most likely affect several other provisions
adjacent to it. It might also alter the separation of powers and the principle of checks and
balances.

2 Tests to determine Revision from Amendment:

 Qualitative Test - check if it affects/alters the separation of powers and the principle of
checks and balances
 Quantitative Test - check amount of provisions affected.

Procedure in amending/revising the Constitution:

1. Proposal
a. Amending
Either the Congress acting as the Constitutional Assembly or the
Congress acting as the Constitutional Convention or the People’s Initiative
may propose an amendment to the Constitution. 
For there to be an agreement that the Constitution must be amended,
o Constitutional Assembly needs at least 3/4ths vote of its
members. 
o Constitutional Convention needs at least 2/3rds vote of its
members.
o People’s Initiative may propose via a signature campaign. This
shall constitute 12% of total registered voters of the state
represented by at least 3% of the population of registered voters
in each legislative district.

b. Revising
The same as above, except that People’s Initiative cannot propose a
revision.
 2. Ratification
People must then vote to accept or reject the proposed changes. The Doctrine
of Proper Submission must be observed - that is, the people should have enough time
to see the entirety of the proposed changes so they may vote on it properly.

It is not possible to have a piecemeal amendment, all the changes must be submitted to
the people in a single election/plebiscite(To be send as whole document). Plebiscite not
earlier than 60 days from the certification from the COMELEC, but not later than 90
days.

Differentiate initiative from referendum

 Initiative refers to the power of the people to petition or propose amendments to
national or local legislations.
 Referendum refers to the voting of the people to reject or accept a law.

Elements of an initiative:
 People must author and sign the proposal
 Proposal must be embodied in, or attached to the petition.

3 Limitations of the People’s Initiative:

 Can only propose amendments, not revisions.
 12% of total registered voters, 3% from every district.
 No oftener than once every 5 years.

Javellana vs. Executive Secretary, 50 SCRA 30

    Javellana filed this suit against the respondents to restrain them from implementing any of the
provisions of the proposed Constitution not found in the present 1935 Constitution.
    The proposed Constitution was not validly ratified. The ratification of the proposed
constitution did not follow the rules of the 1935 Constitution. It is well settled that the matter
of ratification of an amendment to the constitution should be settled applying the provisions of
the constitution in force at the time of the alleged ratification of the old constitution. 
The 1935 Constitution, which was the predecessor of 1973 Constitution, contained
provisions regarding proviso via secret balloting. This provision, was not upheld since it was
alleged that Marcos used the current turmoil to favor the 1973 draft. It was claimed that
ratification undergone viva voce rather than secret ballot.

Santiago vs. COMELEC, March 19, 1997

    Miriam Santiago questioned the validity of the petition for amendment of Delfin. In 1996, Atty.
Jesus Delfin filed with COMELEC a petition to amend the Constitution, to lift term limits of
elective officials, by people’s initiative.
    Delfin used the people’s initiative to amend the Constitution based on RA6735. However,
Article XVII Section 2 of the 1987 Constitution providing for amendments to Constitution,
is not self-executory. While the Constitution has recognized or granted the right of the people
to directly propose amendments to the Constitution via PI, the people cannot exercise it if
Congress, for whatever reason, does not provide for its implementation
    The amendment of Delfin to lift term limits also affects other laws and therefore is considered
a revision.
Lambino vs. COMELEC, Oct. 25, 2006
    On 25 August 2006, Lambino et al filed a petition with the COMELEC to hold a plebiscite that
will ratify their initiative petition to change the 1987 Constitution under Section 5(b) and (c)2 and
Section 73 of Republic Act No. 6735 or the Initiative and Referendum Act. The amendment is to
change the government from a presidential to a parliamentary government.
    The essence of amendments “directly proposed by the people through initiative upon a
petition” is that the entire proposal on its face is a petition by the people. This means two
essential elements must be present. First, the people must author and thus sign the entire
proposal. No agent or representative can sign on their behalf. Second, as an initiative upon a
petition, the proposal must be embodied in a petition.
The Lambino Group did not attach to their present petition with this Court a copy of
the paper that the people signed as their initiative petition. Therefore, it did not comply with the
essential elements of amendments.
Also, the proposed amendment will affect most of the laws of the Philippines since
presidential to parliamentary is a big change. Thus, the proposal is not an amendment but a
revision.

Tolentino vs. COMELEC, 41 SCRA 702   

Petitioner, Arturo Tolentino, filed a petition for prohibition, its main thrust being that
Organic Resolution No. 1 and the necessary implementing resolutions subsequently approved
have no force and effect as laws in so far as they provide for the holding of a plebiscite
coincident with the senatorial elections. Under Article XV Section 1 of the 1935 Constitution, the
proposed amendment in question cannot be presented to the people for ratification separately
from each and all other amendments to be drafted and proposed by the Constitution.
In order that a plebiscite for the ratification of a Constitutional amendment may be validly
held, it must provide the voter not only sufficient time but ample basis for an intelligent
appraisal of the nature of the amendment.
In the present context, where the Convention has hardly started considering the merits
of thousands of proposals to amend the existing Constitution, the presentation of only a
single or a few of the proposal to the people cannot comply with this requirement

What is a state?
A state is a community of persons occupying a fixed territory, having an independent
government, to which the great body of its inhabitants render habitual obedience.

According to the Montevideo Convention, a state has the following elements:

1. People
A State must have a population of people. This is because “Sovereignty
resides in the people and all government authority emanates from them.'' 
There is no specific minimum number of the population given that it is self
sufficient.

2. Territory
A State must have a territory that it exercises its sovereignty over, a place
where its people can live in. There is no specified minimum size of territory to be
considered a state given that it can support the people.
The only reason why the Constitution has an article on national territory is
purely for educational value.
Scope of the National Territory of the Philippines:
 The Philippine Archipelago
  Other territories over which the Philippines has sovereignty or
jurisdiction
 Atmosphere, Interior waters, seabed, and subsoil

Straight Baseline Method - drawing straight lines connecting appropriate points

on the coast. This is part of the archipelagic principle. R.A 9522 enforced new
baselines.
 Interior Waters - also known as Archipelagic Waters, these are the
waters enclosed by the baseline. The State has sovereignty and
jurisdiction over the surface, seabed, and subsoil, and other landward
waters and airspace. There is no right of innocent passage here.
 Territorial Sea - this is the area 12 nautical miles from the baseline.
The State has sovereignty and jurisdiction over the surface of the sea, the
seabed and subsoil, and also air and space. Here there is right to
innocent passage.
 Contiguous Zone - this is the area 24 nautical miles from the
baseline. The State may punish infringement of fiscal, immigration,
sanitary, and customs laws within this area, but the jurisdiction is only on
the ocean’s surface and floor, and does not include air and space.
 Exclusive Economic Zone - also known as the EEZ, this is the area 200
nautical miles from the baseline. The State has the right to use and
exploit the living and non-living resources found within. Does not,
however, give a state the right to prohibit or limit freedom of navigation.
The State has no sovereignty here, only sovereign rights.
3. Government
A government’s function is to render public service to its inhabitants and
promote peace and order within the State.
De Jure Government - the rightful government. May or may not be in
control or in power.
De Facto Government - a government with no rightful title, but it is in
effect, the one in control or in power (e.g CORY AQUINO during Marcos regime).
Can be de facto proper, which is obtained by force or voice of the majority, or it
could be paramount force, which is obtained by military forces that invade a
territory, or an independent government, which is established by the
inhabitants through an insurrection.
There are two functions of the government
 Constituent FUNCTION – Compulsory
1. Maintenance of public peace and order
2. Administration of justice
3. Definition and punishment of crimes
4. Regulation of property holding
5. Transmission of property rights
6. Regulation of the relation between husband and wife
7. Administration of the free political rights of the people
 Ministrant - Optional

4. Sovereignty
Supreme and uncontrollable power by which the state is governed. Is
recognition essential? Debatable.

Magallona vs. Ermita, 655 SCRA 476

 In March 2009, R.A. 9522 was enacted by the Congress to comply with the terms of the
United Nations Convention on the Law of the Sea (UNCLOS III), which the Philippines
ratified on February 27, 1984.
Professor Merlin Magallona et al questioned the validity of RA 9522 as they contend,
among others, that the law decreased the national territory of the Philippines and is
unconstitutional.
    The Court finds R.A. 9522 constitutional. It is a Statutory Tool to Demarcate the Country’s
Maritime Zones and Continental Shelf Under UNCLOS III, not to Delineate Philippine
Territory. It is a vital step in safeguarding the country’s maritime zones. It also allows an
internationally-recognized delimitation of the breadth of the Philippine’s maritime zones and
continental shelf.

Philippines vs. China (South China Sea Arbitration), July 12, 2016
The South China Sea Arbitration was conducted between the Republic of the Philippines
and the People’s Republic of China by the Permanent Court of Arbitration (PCA), under the
1982 United Nations Convention on the Law of the Sea (UNCLOS)
 The broadest claim was a challenge to China’s “nine-dash line” covering most of
the South China Sea but UNCLOS “comprehensively” governs the parties’
respective rights to maritime areas in the South China Sea. Therefore, to the
extent China’s nine-dash line is a claim of “historic rights” to the waters of
the South China Sea, it is invalid.
 None of the features in the Spratly Islands generates an EEZ, nor can the
Spratly Islands generate an EEZ collectively as a unit. As such, the Tribunal
declared certain areas are within the Philippines’ EEZ and not overlapped by any
possible Chinese entitlement. Based on historical evidence, none of the features
in the Spratly Islands can sustain either a stable community of people or
economic activity that is not dependent on outside resources or purely extractive
in nature. Therefore, it is a rock and not an island.
 China violated the Philippines’ sovereign rights in its EEZ. It did so by
interfering with Philippine fishing and hydrocarbon exploration; constructing
artificial islands; and failing to prevent Chinese fishermen from fishing in the
Philippines’ EEZ.
RA9522-

When does a rock become an island?

 Rock: A land mass permanently above water but unable to sustain human habitation
or economic life on its own. It is entitled to:
o territorial sea
o contiguous zone, 
but not 
o an exclusive economic zone – which can extend for 200 nautical miles -- 
o or continental shelf rights.
 Island: A land mass permanently above water that can sustain human habitation or
economic life on its own. It is entitled to:
o  a territorial sea, 
o contiguous zone, 
o exclusive economic zone, and 
o continental shelf rights

What is The Doctrine of Parens Patriae?

 The Doctrine of Parens Patriae - the state as the guardian of the people, circumstances
where the government interferes in certain cases to protect the interests of its people.

Cabañas vs. Pilapil, 58 SCRA 94

    Florentino Pilapil insured himself and indicated his child to be his sole beneficiary. He
likewise indicated that if he dies while the child is still a minor, the proceeds shall be
administered by his brother Francisco.
Based on The Doctrine of Parens Patriae, the Constitution provides for the
strengthening of the family as the basic social unit, and that whenever any member thereof
such as in the case at bar would be prejudiced and his interest be affected then the judiciary if
a litigation has been filed should resolve according to the best interests of that person.
The uncle here should not be the trustee, it should be the mother as she was the
immediate relative of the minor child and it is assumed that the mother shows more care
towards the child than an uncle.

People vs. Radam, May 31, 1994

    In this case, a minor of 14 years old was apparently seduced by a 22 year old man. Whether
what happened was rape, seduction, or mutual affection, the state comes to the aid of the minor
as parens patriae.

PCGG vs. Sandiganbayan, 530 SCRA vs. 13

    The

What is the Doctrine of State Immunity?

Article XVI, Section 3 of the 1987 Constitution - The State may not be sued without
its consent.
The general rule is that a state is immune from suit, except there is express or implied
consent. This has to be explicitly stated in the Constitution, otherwise it will count as an implied
consent.

Express consent requires the consent to be written down in law. Implied consent is
when it enters into a contract or files a suit. Unless it files a suit only for the express purpose of
invoking state immunity.

Two theories when the State may invoke its immunity

 Absolute Theory, which covers all acts whether jure imperii(governmental acts) or jure
gestionis(proprietary acts)
 Restrictive Theory, which only covers jure imperii(governmental acts)

Generally, states subscribe to the Restrictive Theory, which only grants them immunity
from being sued for doing a governmental act. States cannot invoke immunity for doing a
proprietary act. The Philippines subscribe to Restrictive Theory.

An official cannot invoke state immunity if they are exercising a private function. 
It is not really against the official but against the state when the state is required to do a
positive act, like monetary compensation.
Differentiate Suability is different from liability.

Callado vs. IRRI, 244 SCRA 210

Ernesto Callado, petitioner, was employed as a driver at the IRRI. One day while driving
an IRRI vehicle on an official trip to the NAIA and back to the IRRI, petitioner figured in an
accident. He was fired due to gross negligence but he filed a case for illegal dismissal. 
In this petition petitioner contends that the immunity of the IRRI as an international
organization granted by Article 3 of Presidential Decree No. 1620 may not be invoked in the
case at bench inasmuch as it waived the same by virtue of its Memorandum on "Guidelines on
the handling of dismissed employees in relation to P.D. 1620."

Doctrine of Incorporation means a certain foreign law is automatically part of the law.

Doctrine of Transformation needs a positive act before it can become part of the law. 

 Article 2, Section 2 of the 1987 Constitution.

Act of the State Doctrine

Act of the State Doctrine was developed in the US (Underhill vs. Hernandez)

“Every sovereign state is bound to respect the independence of every other sovereign state,
and the courts of one counrty will not sit in judgement on the acts of the government of another
done within its own territory”

Both the Act of State and the Sovereign Immunity Doctrines are juridically created to effectuate
general notions of comity among nations.

Unlike a claim of sovereign immunity, which merely raises a jurisdictional defense, the act of
state doctrine provides a substantive defense on the merits.
(Sovereign Immunity= Jurisdictional defense, Act of State Doctrine= Substantive defense)

Act of the State is an act done by the sovereign power of a country, or by its delegate (consul),
within the limits of the power vested within. It is not subject to judicial review.

Sources:
Ryn Coca’s notebook and personal feelings
This specific website http://syl-jc.blogspot.com/2010/11/pol-sci-essential-requisites-of-good.html
This specific website https://www.studyblue.com/notes/note/n/essential-parts-of-a-written-co
nstitution/deck/19852973
And the Transcript-with-Cases doc that was shared a while ago
X. Separation of powers

X. Delegation of powers

a. PERMISSIBLE DELEGATION OF POWER

- Tariff power is vested on the President, Section 28 (2), Article VI of the Constitution “the
Congress may, by law, authorize the President to fix within specified limits, and subject to such
limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and
wharfage dues, and other duties or imposts within the framework of the national development program
of the Government”

-Emergency Power is given to the President Section 23 (2), Article VI of the Constitution states
that “in times of war or other national emergency, the Congress may, by law, authorize the President,
for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary
and proper to carry out a declared national policy

* Tests of Delegation (applies to the power to promulgate administrative regulations )

1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions
when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but
to enforce it.
2. SUFFICIENT STANDARD test.  The law must offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy and specify the conditions under which it is
to be implemented.

Maxims

 Potestas Delegata non Delegata Potest- What has been delegated cannot be delegated further
 Par in Parem nom Habet Imperium- Equals has no sovereignty over each other

ADDITIONAL NOTES

*Political questions are neatly associated with the WISDOM of a particular act. Where the Vortex of
Controversy refers to LEGALITY OR VALIDITY of the contested act, that matter is subject to a Justiciable
question
- Amending process both as to proposal and ratification, raises a justiciable question

* In relation to Executive Privilege, while executive privilege is a constitutional concept, a claim thereof
may be valid or not DEPENDING on the ground invoked to justify it on the context in which it is made

*Principle of Comity- Inter-departmental courtesy in undertaking their assigned constitutional dties for
the harmonious working of the Government.

* Legislative Power to Impose Policy

- Is not unlimited

- subject to the substantive and constitutional limitations

* Branches of Government

- Separate

- Co-equal

- Coordinate and Supreme within its own sphere

* Even if the issue is political in nature, SC is still not precluded from resolving it under the expanded
jurisdiction conferred upon the SC, even political question. ART VII Sect 1 of the 1987 Constitution
clearly provides that Judicial power can determine W/N there has been a grave abuse discretion
amounting to lack or excess jurisdiction on the part of any branch of the Government