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- By virtue of the provision of Article XVIII, Section 27 of the 1987 Constitution that it "shall take
effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the
purpose," the 1987 Constitution took effect on February 2, 1987, the date of its ratification in the
plebiscite held on that same date
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Gonzales v COMELEC
- The power to amend the Constitution or to propose amendments thereto is not included in the
general grant of legislative powers to Congress. It is part of the inherent powers of the people —
as the repository of sovereignty in a republican state, such as ours — to make, and, hence, to
amend their own Fundamental Law. Congress may propose amendments to the Constitution
merely because the same explicitly grants such power. Hence, when exercising the same, it is
said that Senators and Members of the House of Representatives act, not as members of
Congress, but as component elements of a constituent assembly. When acting as such, the
members of Congress derive their authority from the Constitution, unlike the people, when
performing the same function, for their authority does not emanate from the Constitution — they
are the very source of all powers of government, including the Constitution itself.
- The term "election," normally refers to the choice or selection of candidates to public office by
popular vote; and the word used in Article V of the Constitution, concerning the grant of suffrage
to women is, not "election," but "plebiscite."
Imbong v COMELEC
- Congress, when acting as a Constituent Assembly pursuant to Art. XV of the Constitution, has full
and plenary authority to propose Constitutional amendments or to call a convention for the
purpose, by a three-fourths vote of each House in joint session assembled but voting separately.
- The grant to Congress as a Constituent Assembly of such plenary authority to call a constitutional
convention includes, by virtue of the doctrine of necessary implication, all other powers essential
to the effective exercise of the principal power granted
Occena v COMELEC
- Whether made directly by Congress or through a Constitutional Convention is within the full
discretion of the legislature.
- Whether the Constitution is merely amended in part or revised or totally changed would become
immaterial the moment the same is ratified by the sovereign people
- The Interim Batasang Pambansa, sitting as a constituent body, can propose amendments. In that
capacity, only a majority vote is needed.
Tolentino v COMELEC
- When a constitutional convention is called for the purpose of revising the Constitution it may not
submit for ratification “piecemeal amendments”. All the amendments to be proposed by the same
Convention must be submitted to the people in a single "election" or plebiscite.
- In order that a plebiscite for the ratification of an amendment to the Constitution 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 per se as well as its relation to the other parts of the Constitution
with which it has to form a harmonious whole.
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Sanidad v COMELEC
- With the interim National Assembly not convened and only the Presidency and the Supreme
Court in operation, the urges of absolute necessity render it imperative upon the President to act
as agent for and in behalf of the people to propose amendments to the Constitution.
- Referendum: Simply a means of assessing public reaction to the given issues submitted to the
people for their consideration, the calling of which is derived from or within the totality of the
executive power of the President
- Plebiscite: Involves the constituent act of those "citizens of the Philippines not otherwise
disqualified by law, who are eighteen years of age or over, and who shall have resided in the
Philippines for at least one year and in the place wherein they propose to vote for at least six
months preceding the election Literacy, property or any other substantive requirement is not
imposed. It is generally associated with the amending process of the Constitution, more
particularly, the ratification aspect.
Santiago v COMELEC
- System of initiative under Sec 2 of Art 17 is NOT self executory
- RA 6735: initiative in the Constitution is confined only to proposals to AMEND. The people are
NOT accorded the power to directly propose, enact, approve or reject in whole or in part the
Constitution through the system of initiative. They can only do so with respect to laws, ordinances
or resolutions.
- COMELEC cannot validly promulgate rules and regulations to implement the exercise of the right
of the people to directly propose amendments to the constitution through the system of initiative
- The COMELEC acquires jurisdiction over a petition for initative only AFTER its filing.
- COMELEC’s participations are:
1. to prescribe the form of the petition
2. to issue through its Election Records and Statistics Office a certificate on the total number
of registered voters in each legislative district
3. to assist, through its election registrars, in the establishment of signature station
4. to verify, through its election registrars, the signatures on the basis of the registry list of
voters, voters' affidavits, and voters' identification cards used in the immediately preceding
election
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Lambino v COMELEC
- Revision v Amendment
1. Revision:
change that ALTERS the basic principles in the
constitution
generally affects SEVERAL provisions of the
Constitution
2. Amendment:
a change that adds, alters, reduces or deletes
WITHOUT altering the basic principle involved
generally affects only the SPECIFIC provision being
amended
- 2 part test
1. Quantitative test: substance entirety; the deletion or alteration of numerous provisions
and not the degree of change
2. Qualitative test: whether the change will accomplish far reaching changes in the
nature of our basic governmental plan
- Lambino’s proposal is a REVISION because it involved a change in the form of government from
presidential to parliamentary and a shift from bicameral to unicameral.
- 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. Two essential elements must be
present:
1. The people must author and thus sign the entire proposal. No agent or representative
can sign on their behalf.
2. The proposal must be embodied in a petition.
- An amendment is "directly proposed by the people through initiative upon a petition" only if the
people sign on a petition that contains the full text of the proposed amendments.
- A people's initiative to change the Constitution applies only to an amendment of the Constitution
and not to its revision. In contrast, Congress or a constitutional convention can propose both
amendments and revisions to the Constitution.
Art XVII
RA 6735 : An act providing for a system of initiative and referendum
- Initiative: power of the people to propose amendments to the Constitution or to propose and
enact legislation through an election called for the purpose
- 3 systems of initiative
1. Initiative on the Constitution on Statutes : petition proposing to enact a national
legislation
2. initiative on local legislation: petition proposing to enact a regional, provincial, city or
municipal law, resolution or ordinance
3. Indirect initiative: exercise of initiative by the people though a proposition sent to
Congress or the local legislative body for action
THE CONCEPT OF THE STATE
CIR v Rueda
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- Pound: State politically organized sovereign community independent of outside control bound by
penalties of nationhood, legally supreme within its territory, acting through a government
functioning under a regime of law
- Esmein: Juridical personification of the nation
- Laksi: a territorial society divided into government and subjects claiming within its allotted area a
supremacy over all other institutions
- McIver: power entrusted to its government to maintain within its territory the conditions of a legal
order and to enter international relations
- International law does not exact independence as a condition of statehood.
Magallona v Ermita
- Baselines are nothing but STATUTORY MECHANISIMS for UNCLOS III states parties with
precision the extent of their maritime zones and continental shelves. It GIVES NOTICE to the rest
of the international community of the scope of the maritime space and submarine areas which
States parties exercise TREATY BASED RIGHTS
- Exercise of sovereignty over TERRITORIAL waters
- Jurisdiction to enforce customs, fiscal, immigration and sanitation laws in the CONTIGIOUS
zone
- The right to exploit the living and non living resources in the EEZ and CONTINENTAL
SHELF
- The fact of sovereignty, however, does not preclude the operation of municipal and international
law norms subjecting the territorial sea or archipelagic waters to necessary, if not marginal,
burdens in the interest of maintaining unimpeded, expeditious international navigation, consistent
with the international law principle of freedom of navigation.
- The right of innocent passage is a customary international law, thus automatically incorporated in
the corpus of Philippine law. No modern State can validly invoke its sovereignty to absolutely
forbid innocent passage that is exercised in accordance with customary international law without
risking retaliatory measures from the international community.
- Validity of RA 9522: It is NOT inconsistent with the Philippine claim of sovereignty the use of the
Regime of Islands to determine the maritime zone of KIG and Scarborough Shoal. It added that
the country’s statutory claim over Sabbah under RA 5446 is RETAINED because RA 9533 does
NOT repeal RA 5446. UNCLOS III and RA 9522 are not incompatible with the Constitutions
delination of internal waters because current norms of international law, the right of innocent
passage is RECOGNIZED over archipelagic waters or internal waters
Bacani v NACOCO
- Functions of the Government – Constituent and Ministrant. To begin with, we state that the term
"Government" may be defined as "that institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which are necessary to enable
men to live in a social state, or which are imposed upon the people forming that society by those
who possess the power or authority of prescribing them" (U.S. vs. Dorr, 2 Phil., 332). This
institution, when referring to the national government, has reference to what our Constitution has
established composed of three great departments, the legislative, executive, and the judicial,
through which the powers and functions of government are exercised. These functions are
twofold: constituent and ministrant. The former are those which constitute the very bonds of
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society and are compulsory in nature; the latter are those that are undertaken only by way of
advancing the general interests of society, and are merely optional.
- 5 most important ministrant functions are:
1. public works
2. public education
3. public charity
4. health and safety regulations,
5. Regulations of trade and industry.
- 8 Constituent Functions
1. The keeping of order and providing for the protection of persons and property from
violence and robbery.
2. The fixing of the legal relations between man and wife and between parents and children.
3. The regulation of the holding, transmission, and interchange of property, and the
determination of its liabilities for debt or for crime.
4. The determination of contract rights between individuals.
5. The definition and punishment of crime.
6. The administration of justice in civil cases.
7. The determination of the political duties, privileges, and relations of citizens.
8. Dealings of the state with foreign powers: the preservation of the state from external
danger or encroachment and the advancement of its international interests.
- Principles determining whether or not a government shall exercise certain of these optional
functions are:
1. that a government should do for the public welfare those things which private capital
would not naturally undertake
2. that a government should do these things which by its very nature it is better equipped to
administer for the public welfare than is any private individual or group of individuals
- There are functions which our government is required to exercise to promote its objectives as
expressed in our Constitution and which are exercised by it as an attribute of sovereignty, and
those which it may exercise to promote merely the welfare, progress and prosperity of the people.
PVTA v CIR
- The growing complexities of modern society, however, have rendered this traditional classification
of the functions of government quite unrealistic, not to say obsolete. The areas which used to be
left to private enterprise and initiative and which the government was called upon to enter
optionally, and only "because it was better equipped to administer for the public welfare than is
any private individual or group of individuals", continue to lose their well-defined boundaries and
to be absorbed within activities that the government must undertake in its sovereign capacity if it
is to meet the increasing social challenges of the times.
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to supervise and control special charities are not in conflict with the political character,
constitution or institutions of the United States
People v Gozo
- The Philippines being independent and sovereign, its authority may be exercised over its entire
domain. There is no portion thereof that is beyond its power. Within its limits, its decrees are
supreme, its commands paramount. Its laws govern therein, and everyone to whom it applies
must submit to its terms. That is the extent of its jurisdiction, both territorial and personal.
- Principle of auto-limitation: It is to be admitted any state may, by its consent, express or implied,
submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is
a power plenary in character.
Laurel v Misa
- Political laws except for treason are suspended
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- The absolute and permanent allegiance of the inhabitants of a territory occupied by the enemy of
their legitimate government or sovereign is not abrogated or severed by the enemy occupation,
because the sovereignty of the government or sovereign de jure is not transferred thereby to the
occupier
- Sovereignty itself is not suspended and subsists during the enemy occupation, the allegiance of
the inhabitants to their legitimate government or sovereign subsists, and therefore there is no
such thing as suspended allegiance
- Political laws which prescribe the reciprocal rights, duties and obligation of government and
citizens, are suspended or in abeyance during military occupation, for the only reason that as
they exclusively bear relation to the ousted legitimate government, they are inoperative or not
applicable to the government established by the occupant
- The suspension of political laws during belligerent occupation does NOT apply to the
enemies in arms
- The rule invoked by counsel, namely, that laws of political nature or affecting political
relations are considered superseded or in abeyance during the military occupation, is
intended for the governing of the civil inhabitants of the occupied territory. It is not
intended for and does not bind the enemies in arms. This is self- evident from the very
nature of things.
- Under the petitioners' theory the forces of resistance operating in an occupied territory
would have to abide by the outlawing of their own existence. They would be stripped of
the very lifeblood of an army, the right and the ability to maintain order and discipline
within the organization and to try the men guilty of breach thereof.
Preamble
Article I
Sanders v Veridiano
Republic v Sandoval
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Festejo v Fernando
US v Guinto
Veterans Manpower v CA
Amigable v Cuenca
Republic v Sandiganbayan
Republic v Feliciano
US v Ruiz
Republic v Villasor
PNB v Pabalan
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Air Transportation Administration v CA
Mun of Makati v CA
Sec 1
Villavicencio v Lukban
Sec 2
Kuroda v Jalandoni
Agustin v Edu
Ichong v Hernandez
Gonzales v Hechanova
IN RE: Garcia
Sec 4
People v Lagman
Sec 6
Aglipay v Ruiz
Graces v Estenzo
10
Taruc v Dela Cruz
Estrada v Escritor
Sec 10
Calalang v Williams
Almeda v CA
Ondoy v Ignacio
Salonga v Farrales
Sec 11
Secretary of National Defense v Manalo
Sec 12
Imbong v Ochoa
Obergefell v Hodges
Sec 16
Oposa v Factoran
Sec 19
Tanada v Angara
11
Sec 21
Association of Small Landowners of the Phil v Sec of DAR
Sec 25
Basco v PAGCOR
Limbona v Mangelin
Sec 26
Pamatong v COMELEC
Sec 28
Legaspi v CSC
Valmonte v Belmonte
SEPARATION OF POWERS
In Re Manzano
Casibang v Aquino
Tanada v Cuenco
12
Sanidad v COMELEC
Daza v Singson
DELEGATION OF POWER
Garcia v Exec Sec
Araneta v Dinglasan
Rodriguez v Gella
Ynot v IAC
Tablarin v Gutierrez
Ichong v Hernandez
Lutz v Araneta
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Assoc of Small Landowners v Sec of Agrarian Reform
Lozano v Martinez
Ynot v IAC
Republic v PLDT
People v Fajardo
Amigable v Cuenca
Sumulong v Guerrero
Manosca v CA
EPZA v Dulay
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Republic v Lim
POWER OF TAXATION
Sison v Ancheta
Lladoc v CIR
Sec 1
Due Process of Law
Ichong v Hernandez
Ynot v IAC
Alonte v Savellano
Aniag v COMELEC
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Sps Romualdez v COMELEC
PCSC v Alcuaz
Ichong v Hernandez
People v Cayat
Dumalao v COMELEC
PASE v Drilon
Himagan v People
Quinto v COMELEC
Birago v PTC
Almonte v Vasquez
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Sec 2: Searches and Seizures
People v Marti
Stonehill v Diokno
Soliven v Makasiar
Morano v Vivo
Harvey v Santiago
Salazar v Achacoso
Alvarez v CFI
Mata v Bayona
People v Gerente
Umil v Ramos
People v Sucro
People v Rodrigueza
Go v CA
People v Aminnudin
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People v Malmstedt
Luz v People
Espano v CA
Papa v Mago
People v Musa
People v Peralta
Valmonte v De Villa
Zulueta v CA
Ramirez v CA
Navarro v CA
Sec 4:
Freedom of Expression
Diocese of Bacolod v COMELEC
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United States v Bustos
People v Alarcon
Borjal v CA
Reyes v Bagatsing
Pita v CA
Malabanan v Rameto
Dela Cruz v CA
Bayan v Ermita
Batas Pambansa Blg 880
Sec 5: Freedom of Religion
Aglipay v Ruiz
Garces v Estenso
19
INC v CA
Estrada v Escritor
Imbong v Ochoa
Manotoc v CA
Silverio v CA
Genuino v Delima
Valmonte v Belmonte
Chavez v PCGG
20
Sec 8: Right to Form Association
SSS Employees Association v CA
Lozano v Martinez
Ganzon v Inserto
Gamboa v Cruz
People v Macam
People v Pinlac
People v Bolanos
People v Andan
21
Navallo v Sandiganbayan
People v Dy
People v Alicando
RA 7438
People v Fortes
Comendador v De Villa
Manotoc v CA
Enrile v Sandiganbayan
Sec 14
Criminal Due Process
Tatad v Sandiganbayan
Galman v Sandiganbayan
22
Alonte v Savellano
Presumption of Innocence
People v Dramayo
Dumlao v COMELEC
Marquez v COMELEC
Corpus v People
People v Agbayani
Soriano v Sandiganbayan
Borja v Mendoza
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People v Tee
Flores v People
Conde v Rivera
Mateo v Villaluz
Garcia v Domingo
People v Tehankee
In Re: Request for Live Radio and TV Coverage of the Trial against President Estrada
In Re: Petition for Radio and Television Coverage of Multiple Murder Case against Maguindanao
RA 8493
Right of Confrontation
US v Javier
Talino v Sandiganbayan
Compulsory Processes
Roco v Contreras
Trial in Absentia
People v Mapalao
People v Valeriano
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Jackson v Macalino
In Re: The Issuance of the Writ of Habeas Corpus of Dra Aurora Parong v Ponce Enrile
Lagman v Medialdea
Lagman v Pimentel
Padilla v Congress
Flores v People
Villaflor v Summers
Beltran v Samson
Chavez v CA
People v Gallarde
Pasucal v BME
Mapa v Sandiganbayan
Sec 18: Right Against Involuntary Servitude
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Philippine Refining Company Workers’ Union v Philippine Refining
RA 10364
Sec 19: Prohibited Punishment
People v Estoista
People v Esparas
Lozano v Martinez
People v Obsania
Paulin v Gimenez
Icasiano v Sandiganbayan
People v Balisacan
Esmena v Pogoy
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People v Pineda
People v Tampal
Melo v People
People v Adil
People v Relova
Conception v Garcia
Salvador v Mapa
ART IV : CITIZENSHIP
Poe – Llamansares v COMELEC
David v SET
Tecson v COMELEC
Republic v Lim
Co v HOR
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Cabiling Ma v Fernandez
Yu v Defensor Santiago
Maquiling v COMELEC
Frivaldo v COMELEC
Republic v De La Rosa
Labo v COMELEC
Aznar v COMELEC
Mercado v Manzano
Altajeros v COMELEC
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