TOPIC

ART. 1 AND 2
The Supremacy of the Constitution
Preamble - Purpose and Effect
Philippine Baseline Law

Doctrine of State Immunity from Suit

Applicability
Suit against the Republic of the Philippines
Suit against Foreign states under the principle of “Sovereign Equality of States”

Suit against the UN and other specialized agencies

Suit against International Organizations
Suit against the Philippines as a State
Suit against Government Officers
GOVERNMENT ULTIMATELY LIABLE
OFFICER ULITIMATELY LIABLE
Suit against Government agencies
Incorporated-test of suability is found in its
Unincorporated
GOVERNMENTAL
PROPRIETARY
XPN: NECESSARY INCIDENT
Forms of Consent
Express
General Law
Commonwealth Act 327, as amended by PD 1445
Must not perpetrate an injustice
Special Law
Implied
When the State itself commences litigation

When it enters into contract

Suability vs Liability
Suability vs Execution

SEPARATION OF POWERS
Republicanism
Ours is a Government of Laws and Not of Men
Doctrine of Checks and Balances
The Supremacy of the Constitution

Validly exercised by a particular department?

SUPREME COURT determines whether the power has been constitutionally conferred upon the department. Conferment
power is either EXPREES, IMPLIED, INHERENT OR INCIDENTAL

THEN determines whether the act in question had been performed in accordance with the rules laid down by the constitut
 JUSTICIABLE

PRINCIPLE OF NON-DELEGATION OF POWERS

GR: NON-DELEGATION (Potestas Delegata Non Potest Delegare)

XPN: PERMISSIBLE DELEGATIONS (PETAL)

1 Delegation to the
2 Emergency powers of the President
3 Tariff powers of the President
4 Delegation to
5 Delegation to
Tests of Delegation
Completeness Test
Sufficiency Standard Test

Principle of Sub-delegation of powers

DOCTRINE OF QUALIFIED POLITICAL AGENCY

DECLARATION OF PRINCIPLES AND STATE POLICIES

SELF-EXECUTING and NON-SELF-EXECUTING
Presumption is SELF-EXECUTORY (PREVAILING RULE):
the Constitution should be considered self-executing as a
determine when, and whether, they shall be effective.
XPN: Expressly provided that a legislative act is necessary
ART XII, SEC. 10 SELF-EXECUTING
ART. 2 NON-SELF-EXECUTING
ART 2, SEC. 16 SELF-EXECUTING
1 Democratic and Republican
2 Renunciation of war; Doctrine of Incorporation;
3 Civilian Supremacy
4 The Defense of the State - Posse Commitatus
5 Maintenance of Peace and Order
6 Separation of Church and State
STATE POLICIES
7 Independent Foreign Policy
8 Nuclear-Free Philippines
9 Just and Dynamic Social Order
10 Promotion of Social Justice
11 Human Dignity and Human Rights
12 Family as basic autonomous social institution Protect life of the unborn from conception Primary right and duty
13 Youth
14 Women
15 Right to Health
16 Right to Balance and Healthful Ecology
17 Priority to Education
18 Labor
19 Self-Reliant and Independent National Economy

20 Private Sector

21 Agrarian Reform
22 Indigenous Cultural Communities
23 Non-Governmental Organizations
24 Communications
25 Local Autonomy
26 Equal Access to Public Service; Political Dynasties
28 Full Public Disclosure

CITIZENSHIP
Before the 1935 Constitution
Philippine Bill of 1902 (En Masse
Act 2927 - Naturalization Law of March 26, 1920
Roa Doctrine (re: res judicata)
 Policy against Dual Allegiance

Naturalization
Direct
Judicial naturalization under C.A. 473,
Administrative naturalization under R.A. 9139
Special Act of Legislature
Derivative
1. wife of naturalized husband
2. minor children of naturalized person
3. alien woman upon marriage to a national
Loss of Citizenship
Reacquisition of Citizenship
Under R.A. 2630
Under R.A. 8171
Under R.A. 9225

SUFFRAGE
Suffrage as right and duty
Residence qualification

R.A. 9189 - The Overseas Absentee Voting Act of 2003

R.A. 8189 - Voter's Registration Act of 1996

AMENDMENTS OR REVISIONS
Amendment vs. Revision

ACCOUNTABILITY OF PUBLIC OFFICERS

Statement of Policy - Public office is a public trust

Impeachment
Procedure for impeachment

"CANDLE DOCTRINE"
The Sandiganbayan
The Ombudsman

Ill-gotten Wealth
Statement of Assets, Liabilities and Networth
 unity from Suit

epublic of the Philippines

n states under the principle of “Sovereign Equality of States”

N and other specialized agencies

ational Organizations
pines as a State
rnment Officers
ULTIMATELY LIABLE
LITIMATELY LIABLE
rnment agencies
-test of suability is found in its CHARTER

GOVERNMENTAL function
PROPRIETARY function
XPN: NECESSARY INCIDENT to its GOVERNMENTAL function

Commonwealth Act 327, as amended by PD 1445 *STRICT ADHERENCE TO PROCEDURE*

Must not perpetrate an injustice *ALTHOUGH PROCEDURE IS NOT STRICTLY COMPLIED*

ate itself commences litigation

rs into contract

vernment of Laws and Not of Men

cks and Balances
of the Constitution

d by a particular department?
determines whether the power has been constitutionally conferred upon the department. Conferment of
er EXPREES, IMPLIED, INHERENT OR INCIDENTAL

mines whether the act in question had been performed in accordance with the rules laid down by the constitution
 JUSTICIABLE VS. POLITICAL QUESTIONS
NOT TRULY POLITICAL QUESTION
NOT TRULY POLITICAL QUESTION
POLITICAL
POLITICAL

ELEGATION OF POWERS
Potestas Delegata Non Potest Delegare)

SSIBLE DELEGATIONS (PETAL)

Delegation to the People at large
mergency powers of the President
ariff powers of the President
Delegation to Administrative Bodies
Delegation to Local Government Units

-delegation of powers
OF QUALIFIED POLITICAL AGENCY

NCIPLES AND STATE POLICIES

NON-SELF-EXECUTING
SELF-EXECUTORY (PREVAILING RULE): Unless the contrary rule is clearly intended, the provisions of
should be considered self-executing as a contrary rule would give the legislature discretion to
, and whether, they shall be effective.
sly provided that a legislative act is necessary
SELF-EXECUTING
NON-SELF-EXECUTING
SELF-EXECUTING

Doctrine of Incorporation; Adherence to policy of peace, freedom, amity

 - Posse Commitatus
Peace and Order
hurch and State

ic Social Order

and Human Rights

autonomous social institution Protect life of the unborn from conception Primary right and duty of

e and Healthful Ecology

Independent National Economy

ural Communities
tal Organizations

Public Service; Political Dynasties

Constitution
En Masse Filipinization)
aturalization Law of March 26, 1920
(re: res judicata)
ual Allegiance

Judicial naturalization under C.A. 473,

Administrative naturalization under R.A. 9139
Special Act of Legislature

wife of naturalized husband

minor children of naturalized person
alien woman upon marriage to a national

Citizenship

Absentee Voting Act of 2003

ration Act of 1996

PUBLIC OFFICERS
Public office is a public trust

iabilities and Networth

CASE to Cite JURISPRUDENCE
Angara v. Electoral Commission When the judiciary mediates to allocate constitutional boundaries, it does
Aglipay v. Ruiz The elevating influence of religion in human society is recognized in the
Magallona v. Ermita The court ruled that whether referred to as Philippine "internal

Republic v. Villasor The State cannot be sued without its consent. A sovereign is
Syquia v. Almeda A foreign government cannot be sued in the courts of another
Minucher v. CA A foreign agent, operating within a territory, can be cloaked with
Arigo v. Swift The doctrine of state immunity is also applicable to complaints
Lasco v. UNRFNRE The court ruled that immunity is necessary to assure unimpeded
Callado v. IRRI Where the plea of diplomatic immunity is recognized and affirmed by

Calub and Valencia v. CA A suit against a public officer for his official acts is, in effect, a suit
Ruiz v. Cabahug The Government is not liable for the actions done by their public

Olizon v. Central Bank of the Philippines

The court ruled that the suit is brought against the Central Bank of the

Bureau of Printing v. Bureau of Printing

That Employees
as an office Association
of the government without any corporate or

Mobil Philippines Exploration Inc. v.That

Customs
although
Arrastre
a function
Service
may be deemed proprietary, if it is a

Sayson v. Singzon The court ruled that once consent is secured, an action may be
Amigable v. Cuenca The doctrine of governmental immunity from suit cannot serve as an

When the government enters into a contract, it is deemed to have

descended to the level of the other contracting party and divested of its
US v. Ruiz
sovereign immunity from suit with its implied consent but this
restrictive application of state immunity is proper only when the
proceedings arise out of commercial transactions of the foreign
sovereign, its commercial activities or economic affairs. A state may be
said to have descended to the level of an individual and can thus be
deemed to have tacitly given its consent to be sued only when it enters
US v. Guinto
into business contracts. It does not apply where the contract
relates the exercise of its sovereign function

Republic v. Sandiganbayan When the State enters into contract, through its officers or agents, in
Merritt v. Government By consenting to be sued a state simply waives its immunity from
Commissioner of Public Highways v.Although
San Diego
the government, as plaintiff in expropriation proceedings,

Villavicencio v. Lukban The court ruled that we are a government of laws and not of men, that
Belgica v. Ochoa The fact that the three great powers of government are intended to
Angara v. Electoral Commission When the judiciary mediates to allocate constitutional
Abakada Guro Party List v. PurisimaWhere an action of the legislative branch is alleged to have infringed the
Belgica v. Ochoa The legislature has no authority to execute or construe the law, the
Francisco v. HR
Tanada v. Angara
Defensor v. Guingona
Vinuya v. Exec. Secretary
Ocampo v. Enriquez
Jaworski v. PAGCOR
Belgica v. Ochoa
People v. Dacuycuy
Chiongbian v. Orbos
Gerochi v. Dept. of Energy
Belgica v. Ochoa
Villena v. Secretary of Interior
Manila Prince Hotel v. GSIS
Tañada v. Angara
Oposa v. Factoran
Pharmaceutical & Health Care Assoc.
Mijares v. Ranada
Razon v. Tagitis
There are two species of political questions: (1) "truly political questions"
Where an action of the legislative branch is seriously alleged to have
In the absence of constitutional or statutory guidelines or specific
The Court cannot interfere with or question the wisdom of the
Moreover, the limitation on the power of judicial review to actual cases
PAGCOR can not delegate its power in view of the legal principle of
There are two (2) fundamental tests to ensure that the legislative
What valid delegation presupposes and sanctions is an exercise of
A legislative standard need not be expressed. It may simply be
SC has accepted as sufficient standards the following: "interest of law
The phrase "and for such other purposes as may be hereafter
The court ruled that the Secretary of Interior has the power to suspend
PREVAILING RULE - Unless the contrary is clearly intended, the
These principles in Article II are not intended to be self-executing
The Court held that while the right to a balanced and healthful
TRANSFORMATION
of Phils v. Duque - Treaties become part of the law of the land
INCORPORATION - [G]enerally accepted principles of
international law, by virtue of the incorporation clause of the
Constitution, form part of the laws of the land even if they do not
derive from treaty obligations. The classical formulation in
international law sees those customary rules accepted as binding result
from the combination [of] two elements: the established, widespread,
and consistent practice on the part of States; and a psychological
element known as the opinion juris sive necessitates (opinion as to
law or necessity). Implicit in the latter element is a belief that the
practice in question is rendered obligatory by the existence of a rule of law
requiring it
INCORPORATION - International custom, as evidence of a general
practice accepted as law. The material sources of custom include
(PLIRPUN):
1. State practice,
2. State legislation,
3. International and national judicial decisions,
3. Recitals in treaties and other international instruments,
4. A pattern of treaties in the same form,
5. The practice of international organs; and
6. Resolutions relating to legal questions in the UN General Assembly.
Sometimes referred to as "evidence" of international law, these sources
identify the substance and content of the obligations of States and are
indicative of the "State practice" and "opinio juris" requirements of
international law.
Poe-Llamanzares v. Comelec
Lantion v. DOJ
Ang Ladlad LGBT Party v. Comelec
IBP v. Zamora
People v. Lagman and Zosa
Imbong v. Ochoa
Magallona v. Ermita
Espina v. Zamora
BFAR Employees v. COA
Simon v. CHR
Imbong v. Ochoa
PT & T v. NLRC
Imbong v. Ochoa
Oposa v. Factoran
JMM Promotion and Management v.Apart
Tanada v. Angara
Espina v. Zamora
Espina v. Zamora
Assoc. of Small Landowners v. Sec. of Agrarian Reform
Lina v. Pano
Pamatong v. COMELEC
Antolin v. Domondon
Co v. HRET
INCORPORATION - that "generally accepted principles of
CONFLICT - Efforts should first be exerted to harmonize them, so as to
NO INCORPATION - we are not prepared to declare that these
The deployment of the Marines in the metropolis for civilian law
The duty of The Government to defend The State cannot be performed
Verily, the principle of separation of church and state is based on mutual
Whether referred to as Philippine "internal waters" under Article I of the
While Section 19, Article II of the 1987 Constitution requires the
The SC ruled that the social justice provisions of the Constitution are not
CIVIL RIGHTS: rights appertaining to a person by virtue of his
The Moment of Conception is Reckoned from
Sec. 14, Article II of the 1987 Constitution, expressly recognizes the role
These provisions are self-executing. Unless the provisions clearly express
The Court held that while the right to a balanced and healthful ecology is
CA from the State’s police power, the Constitution itself mandates
The constitutional policy of a "self-reliant and independent national
The 1987 Constitution requires the development of a self-reliant and
independent national economy effectively controlled by Filipino
entrepreneurs, it does not impose a policy of Filipino monopoly of the
economic environment. The objective is simply to prohibit foreign
powers or interests from maneuvering our economic policies and
ensure that Filipinos are given preference in all areas of
development.
While the Constitution mandates a bias in favor of Filipino goods, services,
labor and enterprises, it also recognizes the need for business exchange
with the rest of the world on the bases of equality and reciprocity and
limits protection of Filipino enterprises only against foreign competition
and trade practices that are unfair
The principle of local autonomy under the 1987 Constitution simply means
What is important is equal access to the opportunity. If you broaden, it
The people's right to information is limited to "matters of public concern,"
Under the Philippine Bill of 1902, inhabitants of the Philippines who
 Dual citizenship are aquired by:
(1) Those born of Filipino fathers and/or mothers in foreign
countries which follow the principle of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers
if by the laws of their father's' country such children are citizens of
that country;
(3) Those who marry aliens if by the laws of the latter's country
Mercado v. Manzano
the former are considered citizens, unless by their act or omission
they are deemed to have renounced Philippine citizenship.
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.
Lopez v. Comelec Those seeking elective public office in the Philippines must meet the
Jacot v. Dal Section 5(2) of Republic Act No. 9225 compels natural-born Filipinos,

Frivaldo v. Comelec Reptriation, if granted, retroacts to the date of filing of application.

Bengzon III v. HRET That the act of repatriation allows him to recover, or return to, his
Altajeros v. Comelec Poviding for the repatriation of Filipino women who have lost their
Calilung v. Secretary of Justice Section 5, Article IV of the Constitution is a declaration of a policy and it is
POE-LLAMANZARES v. COMELEC Natural-born citizen upon reacquistion of citizenship by a Foundling.

GMA Network v. Comelec Fundamental to the idea of a democratic and republican state is the right
Gallego v. Verra In order to acquire a domicile by choice, there must concur (1)
Faypon v. Quirino It has also been settled that absence from residence to pursue studies or
Nicolas-Lewis v, Comelec There is no provision in the dual citizenship law – RA 9225 –
Velasco v. Comelec The right of dual citizens who vote as absentee voters pertain
Akbayan v. Comelec The SC ruled that the COMELEC, acted within the bounds and confines of

Defensor-Santiago v. Comelec The SC declared that R.A. No. 6735 inadequate to cover the
Lambino v. Comelec The SC that a people's initiative can only propose amendments to

Abakada Guro v. Purissima Public office is a public trust. It must be discharged by its holder not
Ombudsman Carpio-Morales v. CA and
TheBinay
concept of public office is a public trust and the corollary
Ocampo v. Enriquez

Francisco v. HR The court ruled that initiation takes place by the act of filing of the
Estrada v. Desierto The provision conveys two uncomplicated ideas: first, it tells us that
Gutierrez v. HR The filing of an impeachment complaint is like the lighting of a matchstick.

ITF v. Comelec The Constitution and R.A. No. 6770 endowed the Office of the
Ombudsman v. CA Under the Ombudsman act of 1989, the Office of the Ombudsman is
Khan v. Ombudsman The Office of the Ombudsman exercises jurisdiction over public
Corona v. Senate COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION AND/OR
Presidential Ad Hoc v. Desierto
Rabe v. Flores
Impeachable Officials of the Philippines as of 26-OCT-2019
President
Vice President
Members of the SC Chief Justice
Justice
Retired as of 26-OCT Justice
Justice
Justice
Justice
Justice
Justice
Justice
Justice
Justice
Justice
Justice
Ombudsman
Constitutional Commissions
CSC Chairperson
Commissioner
Commissioner
Assistant Commissioner
Assistant Commissioner
CoA Chairman
Commissioner
Commissioner
COMELEC Chairman
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
26-OCT-2019
Rodrigo Duterte
Leni Robredo
Diosdado Peralta
Andres Reyes, Jr.
Antonio Carpio
Alfredo Caguioa
Alexander Gesmundo
Amy Lazaro-Javier
Ramon Hernando
Rosmari Carandang
Rodil Zalameda
Jose Reyes, Jr.
Jean Paul Inting
Estela Perlas Bernabe
Mario Leonen
Samuel Martires

Alicia dela Rosa-Bala. s

Leopoldo W. Valderosa Jr.
Aileen A. Lizada.
Ariel G. Ronquillo.
David E. Cabanag Jr
Michael G. Aguinaldo.
Jose A. Fabia.
Roland C. Pondoc.
Sheriff M. Abas.
Al A. Parreño
Luie Tito F. Guia
Ma. Rowena Amelia V. Guanzon
Socorro B. Inting
Marlon S. Casquejo
Antonio T. Kho, Jr.