Appropriation

CONSTITUTIONAL Private
Revenue
LAW 1 REVIEWER Increase of public debts
Local application
ARTICLE VI 5. May a priest receive public funds?
LEGISLATIVE DEPARTMENT
Article 6 Sec 29 (2)
1. Prohibition of Noble or Royal Titles
1) No public money or property shall be
No law granting a title of royalty or nobility shall be appropriated, applied, paid, or
enacted. (by reason that the State is a republican employed, directly or indirectly, for the
and democratic state) use, benefit, or support of any sect,
(Article 6 Section 31) church, denomination, sectarian
institution, or system of religion, or of
2. Supreme Court’s Appellate Jurisdiction any priest, preacher, minister, other
religious teacher, or dignitary as such,
No law shall be passed increasing the appellate except when such priest, preacher,
jurisdiction of the Supreme Court as provided in this minister, or dignitary is assigned to the
Constitution without its advice and concurrence. armed forces, or to any penal institution,
(Article 6 Section 30) or government orphanage or
leprosarium.
3) SC Jurisdiction over Ambassadors
6. When is taxation progressive?
Article 8 Section 4
Taxation is progressive when the rate increases as
2) All cases involving the constitutionality of the tax base increases. (equitable distribution of
a treaty, international or executive wealth)
agreement, or law, which shall be heard by
the Supreme Court en banc, and all other 7. Requisites for valid classification under the
cases which under the Rules of Court are equal protection
required to be heard en banc, including
those involving the constitutionality, a) the standards that are used therefor are
application, or operation of presidential substantial and not arbitrary
decrees, proclamations, orders, instructions, b) the categorization is germane to achieve the
ordinances, and other regulations, shall be legislative purpose purpose
decided with the concurrence of a majority c) the law applies, all things being equal, to
of the Members who actually took part in the both present and future conditions
deliberations on the issues in the case and d) the classification applies equally well to all
voted thereon. those belonging to the same class

Article 8 Section 5 8. Limitations on power of taxation

1) Exercise original jurisdiction over cases The power of tax exists for the general welfare and
affecting ambassadors, other public limited only for public purposes. (Article 6 Section
ministers and consuls, and over petitions for 28, 2)
certiorari, prohibition, mandamus, quo
warranto, and habeas corpus. 9. What is executive impoundment?

3. Who is an Ambassador? Executive impoundment is the refusal of the

president to spend funds already allocated by
An ambassador is an official envoy, especially a Congress for a specific purpose. (Article 6 Section
high-ranking diplomat who represents a state and is 27)
usually accredited to another sovereign state or to
an international organization as the resident 10. Doctrine of Inappropriate Provisions
representative of their own government or
sovereign or appointed for a special and often The doctrine of inappropriate provision is a
temporary diplomatic assignment. provision that is constitutionally inappropriate for an
appropriation bill may be singled out for veto even f
4. Power of Legislative Department it is not an appropriation or revenue item. (Article 6
Section 27)
The power of the purse vested to the legislative,
and should originated from the lower house. 11. Can the President veto a bill? What are the
(Article 6 Section 29, 1) requirements?

The president may veto a bill because the

Constitution has given to him an instrument of
control over legislation. But Congress may override
the veto by a vote of two-thirds of all its members. c) to fairly appraise the people, through such
publication of legislative proceedings as is
Rules are stated in Article 6 Section 27: usually made, of the subjects of legislation
that are being considered, in order that they
1. Every bill passed by the Congress shall, may have opportunity of being heard
before it becomes a law, be presented to thereon by petition or otherwise if they shall
the President. If he approves the same he so desire
shall sign it; otherwise, he shall veto it and
return the same with his objections to the 17. Doctrine of Augmentation
House where it originated, which shall enter
the objections at large in its Journal and Prohibition against transfer of appropriations,
proceed to reconsider it. If, after such however the following may, by law, be authorized
reconsideration, two-thirds of all the to augment any item in the general
Members of such House shall agree to pass appropriations law for their respective offices
the bill, it shall be sent, together with the from savings in other items of their respective
objections, to the other House by which it appropriations:
shall likewise be reconsidered, and if
approved by two-thirds of all the Members 1. President
of that House, it shall become a law. In all 2. Senate President
such cases, the votes of each House shall 3. Speaker of the HoR
be determined by yeas or nays, and the 4. Chief Justice
names of the Members voting for or against 5. Heads of Constitutional Commissions.
shall be entered in its Journal. The
President shall communicate his veto of any 18. Prohibition on Appropriation Increase of the
bill to the House where it originated within Legislative
thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had The Congress is prohibited to increase
signed it. appropriation by reason of the right of the
legislature to appropriate public funds is correlative
2. The President shall have the power to veto with its right to tax and under constitutional
any particular item or items in an provisions against taxation except for public
appropriation, revenue, or tariff bill, but the purpose, no appropriation of state funds can be
veto shall not affect the item or items to made for other than a public purpose. The
which he does not object. prohibition also expresses the prevention of big
budget deficits. (Article 6 Section 25)
12. Veto: General Rule
19. What are the responsibilities of the SC?
As a general rule, if the president disapproves a
provision in a bill approved by Congress, he should The Supreme Court is the ultimate guardian of the
veto the entire bill unless in the case of Constitution. They have the responsibility of
appropriation, revenue and tariff bills he is allowed declaring the constitutionality and validity of passed
to exercise item-veto. laws. Accordingly:

14. What is Bicameral Conference Committee? Article 8 Section 5. The Supreme Court shall have
the following powers:
A bicameral conference committee is an extra-
constitutional creation of Congress whose function 1. Exercise original jurisdiction over cases
is to propose to Congress ways of reconciling affecting ambassadors, other public
conflicting provisions found in the Senate version ministers and consuls, and over petitions for
and House version of a bill. (Article 6 Section 27) certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
15. How many times may the bill presented to the
congress of Philippines? 2. Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules
16. What are the reason of the requirement of of Court may provide, final judgments and
the constitution that every bill must have only orders of lower courts in:
one subject?
a. All cases in which the
a) to prevent hodge-podge or log-rolling constitutionality or validity of any
legislation treaty, international or executive
agreement, law, presidential decree,
b) to prevent surprise or fraud upon the proclamation, order, instruction,
legislature by means of provisions in bills of ordinance, or regulation is in
which the titles gave no information, and question.
which might therefore be overlooked and
carelessly and unintentionally adopted
 b. All cases involving the legality of any such restrictions as it may prescribe, to
tax, impost, assessment, or toll, or exercise powers necessary and proper to
any penalty imposed in relation carry out a declared national policy. Unless
thereto. sooner withdrawn by resolution of the
Congress, such powers shall cease upon
c. All cases in which the jurisdiction of the next adjournment thereof.
any lower court is in issue.
22. What is the limits and grounds of
d. All criminal cases in which the investigation in the aids of legislation?
penalty imposed is reclusion
perpetua or higher. a) must be in the aid of legislation

e. All cases in which only an error or b) in accordance with the duly published
question of law is involved. rules of procedure
3. Assign temporarily judges of lower courts to
other stations as public interest may require. c) the rights of the persons appearing in or
Such temporary assignment shall not affected by such inquiries shall be
exceed six months without the consent of respected
the judge concerned.
23. What are the proceeding that must appear in
4. Order a change of venue or place of trial to the journal?
avoid a miscarriage of justice.
a) yeas and nays of Congress members in
5. Promulgate rules concerning the protection the 3rd and final reading
and enforcement of constitutional rights, (Article 6 Section 26, 2)
pleading, practice, and procedure in all
courts, the admission to the practice of law, b) yeas and nays on any question on the
the integrated bar, and legal assistance to request of the 1/5 members present
the under-privileged. Such rules shall (Article 6 Section 16, 4)
provide a simplified and inexpensive
procedure for the speedy disposition of c) yeas and nays upon repassing a bill over
cases, shall be uniform for all courts of the the President’s veto
same grade, and shall not diminish, (Article 6 Section 27, 1)
increase, or modify substantive rights. Rules
of procedure of special courts and quasi-
d) President’s objection on a bill he had
judicial bodies shall remain effective unless
vetoed
disapproved by the Supreme Court.
(Article 6 Section 27, 1)
6. Appoint all officials and employees of the 24. In case of conflict, which will prevail:
Judiciary in accordance with the Civil Journal or Enrolled bill?
Service Law.
Not in all cases the journals must yield to the
20. Meaning of Bills enrolled bill. However, the enrolled bill as a duly
authenticated document, imports absolute verity
Appropriation - purpose is to set aside a sum of and is binding on the courts.
money for public use
25. Composition of Electoral Tribunal
Private - those which affect private persons such
as citizenships SET 3 SC Justices appointed by CJ
6 Senate members
Revenue - strictly for raising of revenues
HRET 3 SC Justices appointed by CJ
Local - limited to specific localities such as creation 6 House members
of a town
Who are the official to confirm the commission
21. Delegation of Emergency Powers on appointments?

Article 6 Section 23 Senate President (ex-officio chairman)

12 Senators
1. The Congress, by a vote of two-thirds of 12 Representatives
both Houses in joint session assembled,
voting separately, shall have the sole power 26. When shall a case appropriately filed before
to declare the existence of a state of war. the electoral tribunal? When shall electoral
tribunal assume or take jurisdiction over the
2. In times of war or other national emergency, contest?
the Congress may, by law, authorize the
President, for a limited period and subject to
In election contests, the jurisdiction of the This privilege is intended to insure representation of
COMELEC ends once a candidate has been the constituents by the members of Congress.
proclaimed and has taken his oath of office as a
member of the Congress. Jurisdiction then passes These privileges are thus secured not with the
to SET or HRET. intention of protecting the members against
prosecutors for their own benefit, but to support the
27. May members of the Congress be rights of the people, by enabling their
punished? representatives to execute the function of their
office without fear of prosecution, civil or criminal.
According to Article 6 Section 16 (3), Each House
may determine the rules of its proceedings, punish Immunity from arrest:
its Members for disorderly behavior, and, with the
concurrence of two-thirds of all its Members, 1. Legislators are privileged from arrest while
suspend or expel a Member. A penalty of Congress is “in session” with respect to
suspension, when imposed, shall not exceed sixty offenses punishable by up to 6 years of
days. imprisonment.  Thus, whether Congress is in
regular or special session, the immunity from
28. If the Congressman or Senator is a lawyer, arrest applies.
can he appear in the tribunal of the court and
legislative bodies? 2. If Congress is in recess, members thereof
may be arrested.
No. Article 6 Section 14 prohibits this to prevent
members of the Congress from taking advantage, 3. The immunity is only with respect to arrests
pecuniary or otherwise, of their position in their and NOT to prosecution for criminal offenses.
dealings with the courts, or in their business
operations, or in their dealings with any government 32. Domicile vs Residence
agency or corporation. However, it is not a blanket
prohibition of the practice of law. Residence is used to indicate a place of abode,
whether permanent or temporary; 'domicile'
29. Particular case acts or performs denotes a fixed permanent residence to which,
governmental function and holding two offices, when absent, one has the intention of returning. A
when it is a violation? man may have a residence in one place and a
domicile in another.
Article 6 Section 13 states that a member of
Congress may not hold, during his tenure as 33. Qualifications of a Congressman and
member, any other office in the government or in Senator
any of its instrumentalities, including GOCCs or
their subsidiaries. This includes membership in the Article 6 Section 3. No person shall be a Senator
board of trustees, board of regents, or board of unless he is a natural-born citizen of the Philippines
directors of SUCs. and, on the day of the election, is at least thirty-five
years of age, able to read and write, a registered
However, a legislator is not prevented from voter, and a resident of the Philippines for not less
accepting appointments but he or she automatically than two years immediately preceding the day of
forfeits his seat in the Congress if chooses the election.
acceptance.
Article 6 Section 6. No person shall be a Member
In disqualification, two conditions must concur: of the House of Representatives unless he is a
natural-born citizen of the Philippines and, on the
a) the office must be civil or military day of the election, is at least twenty-five years of
age, able to read and write, and, except the party-
b) such office must have been created or its list representatives, a registered voter in the district
emoluments increased while he was a in which he shall be elected, and a resident thereof
member of the legislature for a period of not less than one year immediately
preceding the day of the election.
30. What is the purpose of parliamentary
freedom of speech and debate? (Article 6 34. Party-list System (RA 7941)
Section 11)
Mechanics of the party-list system:
To enable and encourage a representative of the 1. Registered organizations submit a list of
public to discharge his public trust with firmness candidates in order of priority.
and success for it is indispensably necessary that
he should enjoy the fullest liberty of speech, and 2. During the elections, these organizations
that he should be protected from the resentment of are voted for at large.
every one, however powerful, to whom the exercise 3. The number of seats that each organization
of that liberty may occasion offense. gets out of the 20% allotted to the system
depends on the number of votes they get.
31. What do you mean by privilege from arrest?
Article 6 Section 5. The party-list representatives 1. Delegation of legislative power to local
shall constitute twenty per centum of the total government units;
number of representatives including those under 2. Instances when the Constitution itself allows
the party list. For three consecutive terms after the for such delegation [see Art. VI Sec. 23(2)]
ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, What may Congress delegate:
as provided by law, by selection or election from
the labor, peasant, urban poor, indigenous cultural Congress can only delegate, usually to
communities, women, youth, and such other administrative agencies, RULE-MAKING POWER
sectors as may be provided by law, except the or LAW EXECUTION.  This involves either of two
religious sector. tasks for the administrative agencies:

35. What are the rules of dividing provinces and 1. “Filling up the details” on an otherwise
cities according to apportionment? complete statute; or
2. Ascertaining the facts necessary to bring a
a) The legislative district shall be apportioned “contingent” law or provision into actual
operation.
among the provinces, cities, and
39. May congress pass irrepealable laws?
Metropolitan Manila area in accordance with
the number of their respective inhabitants, Congress cannot pass irrepealable laws.  Since
and on the basis of a uniform and Congress’ powers are plenary, and limited only by
progressive ratio. (Article 6 Section 5, 1) the Constitution, any attempt to limit the powers of
future Congresses via an irrepealable law is not
b) Each legislative district shall comprise, as allowed.
far as practicable, contiguous, compact and
adjacent territory. (Article 6, Section 5, 3) 40. Separation of powers

c) Each city with a population of at least The purpose of separation of powers and checks &
balances is to prevent concentration of powers in
250,000, or each province, shall have at
one department and thereby avoid tyranny. It is an
least one representative. (Article 6, Section implicit limitation on legislative power as on the two
5, 3) other powers preventing from invading the domain
of others.
d) Within three years following the return of
every census, the Congress shall make a However, it is not total as it needs cooperation from
reapportionment of legislative districts the three for the government to work.
based on the standards provided in this
41. Original, Derivative and Constituent, and
section. (Article 6, Section 5, 4) Ordinary Legislative Power
36. Reason prohibiting Gerrymandering 1. Original – Possessed by the people in their
sovereign capacity
The standards used to determine the 2. Derivative – Possessed by Congress and
apportionment of legislative districts is meant to other legislative bodies by virtue of the
prevent ‘gerrymandering’, which is the formation of Constitution
a legislative district out of separate territories so as 3. Constituent – The power to amend or revise
the Constitution
to favor a particular candidate or party.
4. Ordinary – The power to pass ordinary laws
37. May legislative power be delegated?
42. Original legislative power
Congress, as a general rule, cannot delegate its
The original legislative power of the people is
legislative power.  Since the people have already
exercised via initiative and referendum.  In this
delegated legislative power to Congress, the latter
manner, people can directly propose and enact
cannot delegate it any further.
laws, or approve or reject any act or law passed by
Congress or a local government unit.
38. Three distinct ideas that contributed to the
principles of the legislative power cannot be
ARTICLE V
delegated
SUFFRAGE
a) separation of powers
1. Who are qualified to vote? Who are
disqualified?
b) due process of law
Qualifications:
c) delegata potestas non potest delegari
a) Citizen of the Philippines
EXCEPTIONS:
b) Not Disqualified by law
 c) At least 18 years old be dealt with by law.[1] Dual citizenship is not dual
d) Resident of the Philippines for at least 1 allegiance; as such dual allegiance and not dual
year citizenship shall be dealt with by the law.
e) Resident of the place wherein he/she
proposes to vote for at least 6 months Dual allegiance, on the other hand, refers to the
immediately preceding the election. situation in which a person simultaneously owes, by
some positive act, loyalty to two or more states.
Note:  NO literacy, property or other substantive While dual citizenship is involuntary, dual
requirement can be imposed on the exercise of allegiance is the result of an individual's volition.
suffrage.

Disqualifications: 2. Modes of acquiring Citizenship

a) Any person sentenced by final judgment a) Jus Soli – acquisition of citizenship on

to imprisonment of not less than 1 year, the basis of place of birth
which disability has not been removed by
plenary pardon. b) Jus Sanguinis – acquisition of
b) Any person adjudged by final judgment of citizenship on the basis of blood relationship
having violated his allegiance to the
Republic of the Philippines. c) Naturalization – the legal act of adopting
an alien and clothing him with the privilege
c) Insane or feeble-minded persons. of a native-born citizen.
 
Note:  Under the 2nd disqualification, the right to Note:  The Philippines follows (2) and (3)
vote is automatically re-acquired upon the
expiration of 5 years after the service of sentence. 3. Who are the citizens of the Philippines?

2. Distinguish plebiscite from referendum 1) Those who are citizens of the

Philippines at the time of the adoption of
Referendum is the power of the electorate to the 1987 Constitution
approve or reject a legislation through an election
2) Those whose fathers or mothers are
called for the purpose. Plebiscite is the electoral
citizens of the Philippines.
process by which an initiative on the Constitution is
approved or rejected by the people. 3) Those born before January 17, 1973 of
Filipino mothers, who elect Philippine
3. Reiterate the distinction between residence citizenship upon reaching the age of
qualification and domicile in terms of the right majority.
to suffrage
4) Those who are naturalized in
DOMICILE – This is in reference to the 1 year accordance with law.
residency requirement in the Philippines.
4. Who are natural born citizens?
TEMPORARY RESIDENCE – This is in reference
to the 6 month residency requirement in the place 1) Citizens of the Philippines from birth who
where one wants to vote.  In this case, residence do not need to perform any act to acquire or
can either mean domicile or temporary residence. perfect their Philippine citizenship.

4. Who may exercise suffrage? 2) Those who elect Philippine citizenship

under Art. IV, Sec. 1(3) of 1987
Suffrage may be exercised by all citizens of the Constitution.
Philippines not otherwise disqualified by law, who
are at least eighteen years of age, and who shall 5. How may citizenship be lost and reacquired?
have resided in the Philippines for at least one
year, and in the place wherein they propose to How may one lose citizenship:
vote, for at least six months immediately preceding a) By naturalization in a foreign country
the election. b) By express renunciation of citizenship
c) By subscribing oath or allegiance to a
ARTICLE IV
foreign Constitution
CITIZENSHIP
d) By serving in the armed forces of an enemy
1. Is there distinction between dual allegiance country
and dual citizenship e) By being a deserter of the armed forces of
one’s country
Article IV Section 5 of the 1987 Philippine
Constitution provides that dual allegiance of How may one reacquire citizenship:
citizens is inimical to the national interest and shall
a) By direct act of Congress
 b) By naturalization 4. Do we have anti-dynasty law?
c) By repatriation
None yet but Article II Section 26 states that the
6. What are the effects of naturalization or State shall guarantee equal access to opportunities
repatriation of the parent to minor children? for public service and prohibit political dynasties as
may be defined by law.
Effects of naturalization:
5. What is a public office?
a) The legitimate minor children of the
naturalized father become Filipinos as well. Public office is public trust.

b) The wife also becomes a Filipino citizen, A position of authority or service involving
provided that she does not have any responsibility to the public, especially within the
disqualification which would bar her from government.
being naturalized.
6. Section 25. The State shall ensure the
7. Provision of Naturalization in civil law of autonomy of local governments.
citizenship
Salient criteria for autonomy:
NCC Article 49. Naturalization and the loss and a) autonomy should be compatible with
reacquisition of citizenship of the Philippines are national goals
governed by special laws. (n)
b) autonomy should ensure widest
8. What is citizenship? participation and initiative to the local
government unit
Citizenship is personal and more or less permanent
membership in a political community. c) autonomy should assure the
development of self-reliant communities
ARTICLE III
DECLARATION OF PRINCIPLE 7. Distinction between Revolution and
AND STATE POLICIES Decentralization

1. Section 28. Subject to reasonable conditions Revolution is a forcible overthrow of a government

prescribed by law, the State adopts and or social order, in favor of a new system.
implements a policy of full public disclosure of all its
transactions involving public interest. Political decentralization signifies a reduction in
the authority of national governments over
2. Section 27. The State shall maintain honesty policymaking. This process is accomplished by the
and integrity in the public service and take positive institution of reforms that either delegate a certain
and effective measures against graft and degree of meaningful decision-making autonomy to
corruption. subnational tiers of government, or grant citizens
the right to elect lower-level officials, like local or
3. Is there a distinction between graft and regional representatives.
corruption?
8. Section 24. The State recognizes the vital role
Graft is a form of political corruption, being the of communication and information in nation-
unscrupulous use of a politician's authority for building.
personal gain. Similarly, political graft occurs when
funds intended for public projects are intentionally 9. Section 23. The State shall encourage non-
misdirected in order to maximize the benefits to governmental, community-based, or sectoral
private interests. (involves public officers within organizations that promote the welfare of the
a government agency or branch) nation.

Corruption is a form of dishonesty or criminal The provision recognizes the principle that

offense undertaken by a person or organization volunteerism and participation of non-governmental
entrusted with a position of authority, to acquire organizations in national development should be
illicit benefit or abuse power for one's private gain. encouraged.
Corruption may include many activities
including bribery and embezzlement, though it may 10. Section 22. The State recognizes and
also involve practices that are legal in many promotes the rights of indigenous cultural
countries.[1] Political corruption occurs when an communities within the framework of national
office-holder or other governmental employee acts unity and development.
in an official capacity for personal gain. (involves
public officers conspiring with outside entities RA 8371 also known as The Indigenous Peoples’
such as corporations for personal gains from Rights Act of 1997 which protects the welfare of the
public funds) indigenous community of the country
11. Section 21. The State shall promote The provision aims to promote equality of men and
comprehensive rural development and agrarian women
reform.
18. Section 12. The State recognizes the
Filipino Farmers (most neglected industry) sanctity of family life and shall protect and
strengthen the family as a basic autonomous
12. Section 20. The State recognizes the social institution. It shall equally protect the life
indispensable role of the private sector, of the mother and the life of the unborn from
encourages private enterprise, and provides conception. The natural and primary right and
incentives to needed investments. duty of parents in the rearing of the youth for
civic efficiency and the development of moral
Affirms that the private sector is an indispensable character shall receive the support of the
engine of development. Government.

13. Section 19. The State shall develop a self- The family here is to be understood as a stable
reliant and independent national economy heterosexual relationship whether formalized by
effectively controlled by Filipinos. civilly recognized marriage or not.

Commands an independent and nationalist Calling the family a basic social institution is an
approach to economic development assertion that the family is anterior to the state and
is not a creature of the state. The categorization of
13. Labor or Production. Which should be given the family as autonomous is meant to protect the
great importance? family against instrumentalization of the state.

In the process of production, labor is always a Principle that the family is not a creature of the
primary and efficient cost, while capital remains a
state.
mere instrumental cost.

14. Statement of Father Bacani during the Protection for the unborn
Constitutional Commission deliberation on 1. It is not an assertion that the unborn is a
Supremacy of Labor over Capital legal person.
2. It is not an assertion that the life of the
“It is really an assertion of the supremacy of human
unborn is placed exactly on the level of the
dignity over things.
life of the mother.  Hence, when it is
In the process of production, labor is always a necessary to save the life of the mother, the
primary and efficient cost, while capital remains a life of the unborn may be sacrificed.
mere instrumental cost.” 3. Under this provision, the Roe v. Wade
doctrine allowing abortion up to the 6th month
15. Intergenerational Justice of pregnancy cannot be adopted in the
Philippines because the life of the unborn is
Intergenerational justice concerns the extent and
the character of moral relations among different protected from the time of conception.
generations.

A theory of intergenerational justice attempts to 19. Catholic Church, Civil Union on same sex
show why particular moral responsibilities and marriage; Materiality of the statement of the
obligations apply. Pope to our Constitution

16. What is locus standi?  Separation of State and Church

 Legislative’s discretion re: consideration
The original was:
20. What is Human Rights?
[1] If the act involves the disbursement of public
funds, mere taxpayer has the capacity to sue and Section 11. The State values the dignity of every
question such act. human person and guarantees full respect for
human rights.
[2] If it does not involve disbursement of public
funds, only those who are “directly injured” by the The concept of "human rights," in the context of the
said law or contract entered into by the Philippines, pertains mainly (but is not limited) to
government. the civil and political rights of a person living in the
Philippines by reason of the 1987 Philippines
17. Section 14. The State recognizes the role of Constitution. 
women in nation-building, and shall ensure the
fundamental equality before the law of women Human rights are a justified set of claims that
and men. set moral standards to members of the human
race, not exclusive to a specific community or
citizenship. Membership in the human race is the
sole qualification to obtain these rights. Human 27. Posse Comitatus
rights, unlike area-specific conventions of
international are universally justifiable as it pertains Power of country
to the entire human race, regardless of
geographical location. Section 4. The prime duty of the Government is to
serve and protect the people. The Government may
21. What is Social Justice? call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required,
Section 10. The State shall promote social under conditions provided by law, to render
justice in all phases of national development. personal, military or civil service.

A concept of fair and just relations between 28. What do you mean by immunity from suit of
the individual and society as measured by foreign state?
the distribution of wealth, opportunities for personal
activity, and social privileges. The doctrine of sovereign immunity from suit may
be invoked by any foreign state when it is sued in
22. Section 8. The Philippines, consistent with the country just as the Philippines may invoke
the national interest, adopts and pursues a sovereign immunity from suit filed in a foreign
policy of freedom from nuclear weapons in its country, and except when it waives it, the suit will
territory. fail

The provision bans nuclear arms – that is, the use

and stockpiling of nuclear weapons, devices, and
parts thereof. Included are nuclear tests within our 29. Principle of International Law
territory as well as the use of our territory as
dumping grounds for radioactive wastes. Section 2. The Philippines renounces war as an
instrument of national policy, adopts the generally
23. What are the guidelines for Philippines with accepted principles of international law as part of
respect of Foreign Affairs? the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and
Section 7. The State shall pursue an independent amity with all nations.
foreign policy. In its relations with other states, the
paramount consideration shall be national The Philippines only renounces AGGRESSIVE
sovereignty, territorial integrity, national interest, war as an instrument of national policy.  It does not
and the right to self-determination. renounce defensive war.
The government must maintain an independent
foreign policy and give paramount consideration to
Some “generally accepted principles of
national sovereignty, territorial integrity, national
international law” recognized by the Court:
interest, and self-determination.

24. Primary consideration = National 1. Right of an alien to be released on bail while

sovereignty and Right to Self-determination awaiting deportation when his failure to leave
the country is due to the fact that no country
25. People enjoy the right to democracy what will accept him (Mejoff v. Director of Prisons,
should be maintained by the State? 90 Phil. 70)
2. The right of a country to establish military
commissions to try war criminals (Kuroda v.
Section 5. The maintenance of peace and order,
Jalondoni, 83 Phil. 171)
the protection of life, liberty, and property, and
3. The Vienna Convention on Road Signs and
promotion of the general welfare are essential for
Signals (Agustin v. Edu, 88 SCRA 195)
the enjoyment by all the people of the blessings of
democracy.
30. Pacta sunt servanda (agreements must be
kept)
26. Roles of the Armed Forces of the
Philippines
In international law, "every treaty in force is binding
upon the parties to it and must be performed by
Sec 3.  Civilian authority is, at all times,
them in good faith.
supreme over the military.  The Armed Forces
of the Philippines is the protector of the people
31.  Rebus sic stantibus  (legal
and the State.  Its goal is to secure the
doctrine allowing for a contract or a treaty to
sovereignty of the State and the integrity of the
become inapplicable because of a fundamental
national territory.
change of circumstances)
They exist in order to secure the sovereignty of the
State, and to preserve the integrity of the national In public international law the doctrine essentially
territory. In extraordinary circumstances they may serves an "escape clause" to the general rule
also be called upon to protect the people when of pacta sunt servanda (promises must be kept).
ordinary law and order forces need assistance.
32. What is the Doctrine of Incorporation?
 (1) that a government should do for the
One of these is the doctrine of incorporation, as public welfare those things which private
expressed in Section 2, Article II of the Constitution, capital would not naturally undertake, and
wherein the Philippines adopts the generally
accepted principles of international law and (2) that the government should do those
international jurisprudence as part of the law of the things which by their very nature it is better
land and adheres to the policy of peace, equipped to administer for the public welfare
cooperation, and amity with all nations. than is any private individual or group of
individual
33. Doctrine of Transformation
Constituent functions as follows:
The transformation method requires that an
international law be transformed into a domestic (1) The keeping of order and providing for
law through a constitutional mechanism such as the protection of persons and property from
local legislation. The incorporation method applies violence and robbery.
when, by mere constitutional declaration,
international law is deemed to have the force of (2) The fixing of the legal relations between
domestic law. man and wife and between parents and
children.
34. What is Legal Sovereignty?
(3) The regulation of the holding,
a) The supreme power to make law. transmission, and interchange of property,
b) It is lodged in the people. and the determination of its liabilities for
debt or crime.
25. What Political Sovereignty?
(4) The determination of contract rights
a) The sum total of all the influences in a state,
between individuals.
b) Legal and non-legal,
c) Which determine the course of law.
(5) The definition and punishment of crimes.
26. Internal Sovereignty
(6) The administration of justice in civil
Internal sovereignty refers to the power of the State cases.
to control its domestic affairs.
(7) The determination of the political duties,
27. External sovereignty privileges, and relations of citizens.

External sovereignty, which is the power of the (8) Dealings of the state with foreign
State to direct its relations with other States, is also powers; the preservation of the state from
known as independence. external danger or encroachment and the
advancement of its international interests.
28. Discuss the Doctrine of Separation of
Powers and Checks & Balances. What is the auto-limitation of the State with
respect to territory?
The purpose of separation of powers and checks &
balances is to prevent concentration of powers in Sovereignty is the property of the state-force due to
one department and thereby avoid tyranny. It is an which it has the exclusive capacity of legal self-
implicit limitation on legislative power as on the two determination and self-restriction.
other powers preventing from invading the domain
of others. What is the distinction of exterritoriality and
Extraterritoriality?
However, it is not total as it needs cooperation from
the three for the government to work. Extraterritorial jurisdiction (ETJ) is the legal
ability of a government to exercise authority beyond
29. What is the Ministrant and Constituent its normal boundaries.
functions of the State?
Ex-territoriality is the state of being exempted
These functions are two-fold, constituent and from the jurisdiction of local law, usually as the
ministrant: the former constitutes the very bonds of result of diplomatic negotiations.
society and are compulsory in nature; the latter,
those that are undertaken only by way of advancing 29. Elements of a State (for municipal law
the general interest of society, and are merely
purposes)
optional.

Ministrant functions are: a) A community of persons, more or less

numerous (PEOPLE)
 b) Permanently occupying a definite portion of It is one wherein all government authority emanates
territory (TERRITORY) from the people and is exercised by representatives
c) Independent of external control chosen by the people.
(SOVEREIGNTY)
d) Possessing an organized government to 34. Definition of Democratic State
which the great body of inhabitants render
habitual obedience (GOVERNMENT) This merely emphasizes that the Philippines has
some aspects of direct democracy such as initiative
30. Definition of “People”         and referendum.
                                                  
a) A Community of persons; 35. Sec. 16.  The State shall protect and
advance the right of the people to a balanced
b) Sufficient in Number; and healthful ecology in accord with the rhythm
c) Capable of maintaining the continued and harmony of nature.
existence of the community; and
d) Held together by a common bond of law. 1. While the right to a balanced and healthful
ecology is found under the declaration of
Principle and State Policies and not under
31. Definition of “Government” the Bill of Rights, it does not follow that it is
a) That institution or aggregate of institutions less important than any of the civil and
b) by which an independent society political rights enumerated in the latter.
c) makes and carries out those rules of action
2. The right to a balanced and healthful
d) which are necessary to enable men to live ecology carries with it the correlative duty to
in a social state refrain from impairing the environment.
e) or which are imposed upon the people ARTICLE I
forming that society by those who possess NATIONAL TERRITORY
the power or authority of prescribing them.
40. What is Archipelago?
32. Classification of governments An archipelago is a body of water studded with
islands.  The Philippine archipelago is that body of
a) De jure - one established by the authority of the water studded with islands which is delineated in
legitimate sovereign the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty of
b) De facto - one established in defiance of the
Great Britain (1930).
legitimate sovereign
Definition of “all other territories over which the
33. Classification of de facto governments Philippines has sovereignty or jurisdiction”
It includes any territory that presently belongs or
1. De facto proper might in the future belong to the Philippines through
a) That government that gets any of the internationally accepted modes of
possession and control of acquiring territory.
b) or usurps by force or by the voice of
What is the auto-limitation of the State with
majority respect to territory?
c) the rightful legal government
d) and maintains itself against the will Sovereignty is the property of the state-force due to
of the latter. which it has the exclusive capacity of legal self-
determination and self-restriction.
2. Government of paramount force
42. Ex-territoriality
a) That which is established and
maintained by military forces Pertains to exemption of persons and property from
b) who invade and occupy a territory of local jurisdiction on the basis of international treaty
the enemy
c) in the course of war. 43. Extraterritoriality

Exemption of person only through treaty or

3. That established as an independent international convention i.e. Embassies in the
government by the inhabitants of a country Philippines of other countries
who rise in insurrection against the parent
state. 44. How many nautical miles of the territorial
sea?
33. Definition of “Republican State”
  12 nm from baseline plus 12 nm contiguous We do not exercise jurisdiction except violation to
zone statutes. If the foreign vessel is a merchant vessel,
 200 nm exclusive economic zone there are two rules as to jurisdiction, namely:
 continental shelves
(1) French rule is that crimes committed on board
45. What are the benefits in exclusive economic are not triable in our country unless those affect the
zones? peace and security of our country, and

 Fishing industry (2) English rule is that crimes are triable unless

 Trade such crimes affect merely the internal management
 Territory of the vessel.  The English rule is followed in our
jurisdiction.
46. What are the rights in continental shelves?
50. Innocent Passage
The Philippines has sovereign rights over that
maritime expanse beyond its territorial sea to the A passage not prejudicial to the interests of the
extent reserved to it by international law, as well as coastal areas not contrary to recognized principles
over its extended continental shelf, including of international law.
the Philippine Rise. Its citizens shall enjoy the right
to all resources within these areas. 51. Archipelagic principle

Insular shelf or continental shelf refers to: Two elements:

a) the seabed and subsoil of the submarine 1. The definition of internal waters (as
areas adjacent to the coastal state but provided above);
outside the territorial sea, to a depth of 200 2. The straight baseline method of delineating
meters or beyond, to where the depth the territorial sea – consists of drawing
allows exploitation straight lines connecting appropriate points
on the coast without departing to any
b) the seabed and subsoil of areas adjacent appreciable extent from the general direction
to islands of the coast.

47. Normal baseline method over Straight 52. Important distances with respect to the
baseline for determining the archipelago waters around the Philippines

Normal baseline method, under which the breadth a) Territorial sea

of the territorial sea is measured from the low
12 nautical miles (n.m.)
water-line, following the indention of the coast.
b) Contiguous zone
Straight baseline method, under which instead of 12 n.m. from the edge of
the baseline following the sinuosities of the coast, it
the territorial sea
is drawn as straight lines connecting appropriate
points on the coast, without departing to any
c) Exclusive economic zone
appreciable extent from the general direction of the 200 n.m. from the baseline
coast. (Philippines uses this method)
[includes (1) and (2)]
48. Do we exercise jurisdiction over the
53. The national territory of the Philippines
contiguous zone? comprises:
A contiguous zone—which must be claimed and, 1. The Philippine archipelago
unlike territorial seas, does not exist automatically
—allows coastal states to exercise the control 2. With all the islands and waters embraced
necessary to prevent and punish infringements of
therein
customs, sanitary, fiscal, and immigration
regulations within and beyond its territory or
3. And all other territories over which the
territorial sea. Philippines has sovereignty or jurisdiction
Under international law, the Philippines has 4. Consisting of its
sovereignty over its territorial sea (12 nautical
1. Terrestrial
miles), and jurisdiction over its EEZ (beyond 12 2. Fluvial
nautical miles up to 200 nautical miles).
3. Aerial domains
International law does not recognize sovereignty
beyond the 12-nautical mile territorial sea.
5. Including its
1. Territorial sea
49. English Rule vs French Rule
2. The seabed
3. The subsoil                                         
   
 4. The insular shelves; and
5. The other submarine areas

6. The waters
1. Around
2. Between and
3. Connecting
4. The islands of the
archipelago            
                               
Regardless of their breadth and dimensions

Form part of the INTERNAL WATERS of the

Philippines

PREAMBLE

54. Purpose of Preamble

It is useful as an aid in ascertaining the meaning of

ambiguous provisions in the body of the
Constitution.

55. Is Preamble part of the Constitution?

No. It is just an introduction, which embodies the

Filipino people, that is a source of light of the
Constitution.