LIST OF DOCTRINES AND PRINCIPLES

CONSTITUTIONAL LAW 1

1. The Philippine Constitution

a. A written instrument, conventional and rigid
b. Enacted by the direct actions of people
c. Creates National Government
d. Divides Powers
e. Three Branches of the Government
f. System of Checks and Balances
g. Avoid possibility of tyrannical rule
h. Protect individual liberties
i. Set forth the Civil and Political Rights
j. Limitations on powers of government
k. To secure enjoyment of those rights

2. Doctrine of Separation of Powers

3. Principle of Checks and Balances

4. Doctrine of Constitutional Supremacy

a. If a law/act (of legislative and executive)
b. Violates the norms of constitution
c. Is declared null and void (i.e., without any force and effect.

5. Presumption of Constitutionality
a. Every statute is presumed valid.
b. The burden of proof is on the party alleging that there is a clear and unequivocal breach of
the Constitution
6. Exceptions to the Presumption of Constitutionality Principle
a. Theory of Relative Constitutionality
b. The Presumption of Unconstitutionality (e.g., curtails freedom of speech)
c. The Presumption of Innocence
d. The burden of the State to prove the guilt of the accused (how Penal Laws are construed)
e. The Presumption of Guilt (e.g., Anti-Terror Law)

7. Archipelagic Doctrine
a. It is the principle whereby the body of water studded with islands, or the islands surrounded
with water, is viewed as a unity of islands and waters together forming one integrated unit.
For this purpose, it requires that baselines be drawn by connecting the appropriate points of
the outermost islands to encircle the islands within the archipelago.
b. Elements of Archipelagic Doctrine
i. Definition of internal waters
ii. The straight-line method of delineating the territorial sea.
c. Purposes of Archipelagic Doctrine
i. Territorial Integrity
ii. National Security
iii. Economic reasons
8. Doctrine of Incorporation Clause
a. The Philippines adopts the generally accepted principles of international law as part of the
law of the land.

9. The Doctrine of Processual Presumption

a. The foreign law, whenever applicable, should be proved by the proponent thereof,
otherwise, such law shall be presumed to be exactly the same as the law of the forum.

10. The Principle of Pacta Sunt Servanda

a. “Agreements must be kept”
b. Without such a rule, no international agreement would be binding or enforceable.

11. Extra-Territoriality Principle

a. Embodied in Art. 1 of the Philippine Constitution; and all territories over which the
Philippines has sovereignty or jurisdiction.

12. The Elements of State

a. People
i. Inhabitants of the State; Electors; Citizen; Sovereign
b. Territory
i. Archipelagic Doctrine
c. Government
i. Democratic State and Republican State
ii. Constituent Functions/Governmental
1. Compulsory
2. The very bonds of the society
3. E.g., Social Order,
iii. Ministrant Functions/Proprietary
1. General Interest of the Society
2. Merely Optional
3. E.g., Public Works, Public Charity, Trade and Industry
iv. The Doctrine of Parens Patriae
1. The State is the guardian of the rights of people
v. De Jure Government
1. Has rightful title
2. No power or control
vi. De Facto Government
1. Without legal title
2. With Power and Control
d. Sovereignty
i. Legal Sovereignty
1. Authority with power to issue commands
2. E.g., Congress
ii. Political Sovereignty
1. The power behind the legal sovereign
2. The sum of influences that operate upon it
3. E.g., Different sectors that mould public opinions.
iii. Internal Sovereignty
1. The power to control domestic affairs
iv. External Sovereignty
1. The power to direct relations with other States
 v. Act of State
1. An act done by the sovereign power of the country
2. Cannot be questioned
3. Cannot be made subject to legal proceedings
4. Not subject to judicial review
5. E.g., Diplomatic Foreign Relations exercised by the President
vi. Sovereignty is NOT ABSOLUTE; it is subject to limitations imposed by membership in
the family of nations and limitations imposed by treaties. The Constitution did not
envision a hermit-type isolation of the country from the rest of the world. (2000 Bar
Question)

13. Fundamental Principles and State Policies (Art. II of the Constitution)

a. Republican State
i. is a state wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.
ii. Republic is a representative government run by the people and for the people.
iii. Essence: representation and renovation

b. Democratic State
i. Initiative and referendum
ii. Direct action of the people

PRINCIPLES
c. Sec. 2 – International law
d. Sec. 3 – Civilian Authority
e. Sec. 4 – Government: To serve and protect the people
f. Sec. 5 – Peace and Order, Protection of Life, Liberty and Property; General Welfare
g. Sec. 6 – Separation of Church and State

STATE POLICIES
h. Sec. 7 – Independent Foreign Policy
i. Sec. 8 – Freedom form nuclear weapons
j. Sec. 9 – Social order
k. Sec. 10 – Social Justice
l. Sec. 11 – Human Rights
m. Sec. 12 – Family; Rearing the youth
n. Sec. 13 – Vital role of the youth
o. Sec. 14 - Women
p. Sec. 15 - Health
q. Sec. 16 – Ecology and Nature
r. Sec. 17 – Human Capital Development
s. Sec. 18 - Labor
t. Sec. 19 – National Economy
u. Sec. 20 – Private Sector
v. Sec. 21 – Rural dev’t and agrarian reform
w. Sec. 22 – Indigenous Cultural Communities
x. Sec. 23 - NGOs
y. Sec. 24 - ICT
z. Sec. 25 – Autonomy of LGUs
aa. Sec. 26 – Equal access to public service; Political Dynasty
bb. Sec. 27 – Honesty and Integrity in Public Service
cc. Sec. 28 – Public Disclosure