UNIVERSITY OF THE CORDILLERAS - COLLEGE OF LAW

CONSTITUTIONAL LAW 1
MODULES 1 - 7

LECTURE 1ST HALF OF Atty. Mary Ellen S. Cabuhat AS OF 09 OCTOBER 2021

SEMESTER
 MODULE 1
THE CONCEPT OF STATE
 POLITICAL LAW

IT IS THE BRANCH OF PUBLIC LAW WHICH DEALS WITH THE

ORGANIZATION AND OPERATIONS OF THE GOVERNMENTAL
ORGANS OF THE STATE AND DEFINES THE RELATIONS OF
THE STATE WITH THE INHABITANTS OF ITS TERRITORY.
(PEOPLE VS. PERFECTO, 43 PHIL. 887)

PUBLIC INTERNATIONAL LAW

CONSTITUTIONAL LAW
ELECTION LAW
ADMINISTRATIVE LAW
LAW ON PUBLIC OFFICER
LAW ON PUBLIC CORPORATIONS
 ELEMENTS OF A STATE
It is a community of persons, more or less numerous, permanently
occupying a fixed territory, and possessed of an independent
government organized for political ends to which the great body of
inhabitants render habitual obedience. (Malcolm, The Constitutional
Law of the Philippine Islands, 2nd Edition; Garner, Introduction to
Political Science, p. 41))
✓ Territory
✓ People
✓ Sovereignty
✓ Government
 PEOPLE

❖ Inhabitants
❖ They must be numerous enough to be self-
sufficing and to defend themselves and small
enough to be easily administered and sustained.
 SOVEREIGNTY
This refers to the supreme and uncontrollable power inherent in a State by which
that State is governed.
KINDS
Political - power behind the legal sovereignty
Legal - authority to issue Final commands
External - International Affairs
Internal - Domestic Affairs

CHARACTERISTICS
Sovereignty is permanent, comprehensive, absolute, indivisible, inalienable and imprescriptible. (Laurel vs. Misa, 77 Phil. 856)

EFFECTS OF BELLIGERENT OCCUPATION

Gen. Rule: No change in sovereignty. (Ruffy vs. Chief of Staff, 75 Phil. 875)
Exemption: However, political laws (except the law on treason) are suspended (Laurel vs. Misa, supra); municipal laws remain in force unless
repealed by the belligerent occupant.
At the end of the belligerent occupation, when the occupant is ousted from the territory, the political laws which had been suspended during
the occupation shall automatically become effective again, under the doctrine of Jus Postliminium.
 SOVEREIGNTY
Effect of Change of Sovereignty

The Political Laws of the former sovereign are abrogated.

Non-political laws continue in operation, for the reason also that they regulate
private relations only, unless they are changed by the new sovereign or are
contrary to its institutions.

Act of State

An Act of State is an act done by the sovereign power of a country, or by its

delegate, within the limits of the power vested in him. (diplomatic power)

An Act of State cannot be questioned or made the subject of legal proceedings

in a court of law.
 GOVERNMENT
GOVERNMENT

It is the agency or instrumentality through which the will of the State is formulated, expressed and realized. - PERMANENT

ADMINISTRATION

The group of persons in whose hands the reins of government are for the time being. - TRANSITIONAL

DOCTRINE OF PARENS PATRIAE

The government is tasked to be the guardian of the rights of the people who may be disadvantaged or suffering from some disability or
misfortune.

Government of the Philippines

It is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including,
save as the contrary appears from the context, the various arms though which political authority is made effective in the Philippines,
whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.
(Sec. 2(1), Administrative Code of 1987)

Government Agency

This refers to any of the various units of the Government of the Republic of the Philippines, including a department, bureau, office,
Government Owned and Controlled Corporation (GOCC), or a local government or a distinct unit therein. (RA 10149, Sec. 3(k))
NOTES:

KINDS OF DE FACTO GOVERNMENT

★ By Revolution, Insurrection, or Cessation

★ Against the Parent State

★ By invasion

CONSTITUENT (GOVERNMENTAL) VS. MINISTRANT (PROPRIETARY)

★ Th distinction between the two function had become blurred because

of the repudiation of the laissez faire policy in the Constitution. [PVTA
vs. CIR (65 SCRA 416)]
 MODULE 2
SEPARATION OF POWERS
 CONSTITUTIONAL BASIS
★ Legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and House of
Representatives, except to the extent reserved to the people by the provision on initiative and referendum. (Art.
VI, Sec. 1)
★ The executive power shall be vested in the President of the Philippines. (Art. VII, Sec. 1)
★ The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.
(Art. VIII, Sec. 1)
Blending of Powers
When powers are not confined exclusively within one department but are assigned to o shared by several
departments.
Examples: general approptiation bill, grant of reprieves, pardon, amesty (exceptimpeachment), election, etc.
Check and Balances
✓When one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments.
✓Theory: The ends of the government are better achieved through the exercise by its agencies of only the powers
assigned to them, subject to reversal in proper cases by those constitutionally authorized.
Examples: passage of a bill, impeachment, judicial power, jurisdiction of courts, treaty, etc.
 PURPOSES/RATIONALE
★ The doctrine is intended to prevent a concentration of authority in one
person or group of persons that might lead to an irreversible error or
abuse in its exercise to the detriment of our republican institution.
★ The doctrine is intended to secure action, to forestall over-action, to
prevent despotism and to obtain efficiency. (Justice Laurel)
★ It ordains that each of the three great branches of the government has
exclusive cognizance of and is supreme in matters falling within its own
constitutionally allocated sphere. (Angara vs. Electoral Commission, 63
Phil. 139)
 JUSTICIABLE VS. POLITICAL QUESTION
JUSTICIABLE
★ A purely justiciable question implies a given right, legally demandable and enforceable, an act or
omission violative of such right, and a remedy.

POLITICAL
★ It connotes a question of policy. It refers to those questions which, under the Constitution, are to be
decided by the people in their sovereign capacity, or in regard to which full discretionary authority
has been delegated to the legislative or executive branch of the government. It is concerned with
issues dependent upon the wisdom, not legality, of a particular measure. (Tanada vs. Cuenco, 103
Phil. 1051)
★ It is neatly associated with the wisdom, not the legality of a particular act. Where the vortex of the
controversy refers to the legality or validity of contested act, that matter is definitely justiciable or
non-political. (Sanidad vs. COMELEC, 73 SCRA 333)

★ Expanded Definition of Judicial Power: Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government. (Sec. 1,par. 2, Rule
VIII)
 MODULE 3
DELEGATION OF POWER
 BASIS
★ The rule is “Protestas delegate non potest delegare” (What has been delegated cannot be delegated).

★ This is based on the ethical principle that delegated power constitutes not only a right but a duty to be
performed by the delegate through the instrumentality of his own judgment and not through the
intervening mind of another. (Nachura)

Permissible Delegation
✓ 1. Delegation of legislative power to the People at large - initiative and referendum

✓ 2. Delegation of legislative powers to Administrative bodies - subordinate legislation; filing-in details;

contingencies

✓ 3. Delegation of legislative powers to Local governments - decentralization of administration

✓ 4. Delegation of Emergency powers to the President - in cases of invasion and rebellion when public
safety requires; “Other national emergency” may include rebellion, economic crisis, pestilence or
epidemic, typhoon, flood, or other similar catastrophe of nation- wide proportions or effects.

✓ 5. Delegation of Tariff powers to the President

 COMPLETENESS VS. SUFFICIENT STANDARDS TEST

Completeness Test

★ The law must be complete in all its essential terms and conditions when it
leaves the legislature so that there will be nothing left for the delegate to
do when it reaches him except to enforce it. (US vs. Ang Tang Ho, 43
Phil)
Sufficient Standard Test

★ This test is intended to map out the boundaries of the delegate’s authority
by defining the legislative policy and indicating the circumstances under
which it is to be pursued and effected. This is intended to prevent a total
transference of legislative power from the legislature to the delegate. The
standard is usually indicated in the law delegating legislative power. (Ynot
vs. Intermediate Appellate Court, 148 SCRA 659)
 MODULE 4
DOCTRINE OF STATE IMMUNITY
 BASIS/JUSTIFICATION
CONSTITUTIONAL BASIS

“The State may not be sued without its consent.” (Art. XVI, Sec. 3, Constitution)

JUSTIFICATION

★ The doctrine of non-suability is based on the fact that there can be no legal right against the authority
which makes the law on which the right depends. (J. Holmes; Republic vs. Villasor, 54 SCRA 83).

★ The demands and inconvenience of litigation will divert the time and resources of the State from the more
pressing matters demanding its attention, to the prejudice of the public welfare. [Cruz (2014) Political
Law]

IMMUNITY OF FOREIGN STATES

❖ Principle of Par In Parem Non Habet Imperium: “Equals have no sovereignty over each other.”

❖A sovereign state cannot exercise jurisdiction over another sovereign state.

❖ However, this does not mean that foreign state would at all times be immune from suits filed against it
before courts of a host or local state.
 CONCEPT OF WAIVER OF
STATE IMMUNITY

A. EXPRESS

✓ General law
- Act no. 3083, declaring that “the Government of the
Philippine Islands hereby consents and submits to be sued
upon any money claims involving liability arising from
contracts, express or implied, which could be serve as a
basis of civil action between private parties.

- Under CA no. 327 (as amended by PD no. 1445), a

claim against the government must first be filed with the
Commission on Audit (COA) within 60 ays.
✓ Special law

B. IMPLIED

✓ Litigation

✓ Contract
- Jure Imperii
- Jure Gestionis
 SUABILITY VS. LIABILITY
SUABILITY
The result of the express or implied consent of the State to be sued.
LIABILITY
❖ Determined after hearing on the basis of the relevant laws and established facts.
❖ Consent to be Sued does not Include Consent to Execution: The universal rule that where the State gives its consent to be sued by
private parties either by general or special law, it may limit claimant’s action ‘only up to the completion of proceedings anterior to the
stage of the execution’ and that the power of the Courts ends when the judgment is rendered, since government funds and properties
may not be seized under writs of execution or garnishment to satisfy such judgments, is based on public policy. Disbursements of public
funds must be covered by the corresponding appropriation as required by law. (Republic vs. Villasor, GR L-30671, November 28,
1973)
A. Incorporated Agency

It is sufficient to say that the government has organized a private corporation, put money in it and has allowed it sue and be sued in any court
under its charter. [Rayo vs. CFI Bulacan (GR no. L- 55273-83, December 19,1981)]

B. Unincorporated Agency
❖ If Principal Function is Governmental: Instrumentalities of the national government exercising primarily governmental/sovereign functions.
❖ If the Principal Function is Proprietary: Well settled is the rule that public funds are not subject to levy and execution. The reason for this is
"that they are held in trust for the people, intended and used for the accomplishment of the purposes for which municipal corporations are
created, and that to subject said properties and public funds to execution would materially impede, even defeat and in some instances
destroy said purpose."
 MODULE 5
THE CONSTITUTION OF THE
PHILIPPINES
 CONSTITUTIONAL LAW
v IT IS THE WRITTEN INSTRUMENT ENACTED BY DIRECT ACTION OF
THE PEOPLE BY WHICH THE FUNDAMENTAL POWERS OF THE
GOVERNMENT ARE ESTABLISHED, LIMITED AND DEFINED, AND BY
WHICH THOSE POWERS ARE DISTRIBUTED AMONG THE SEVERAL
DEPARTMENTS FOR THEIR SAFE AND USEFUL EXERCISE FOR THE
BENEFIT OF THE BODY POLITIC. (J. GEORGE MALCOLM)

v THE BODY OF RULES AND MAXIMS IN ACCORDANCE WITH WHICH

THE POWERS OF SOVEREIGNTY ARE HABITUALLY EXERCISED.
(COOLEY, THE GENERAL PRINCIPLES OF LAW IN THE USA)

v IT A SOCIAL CONTRACT WHEREBY THE PEOPLE HAVE

SURRENDERED THEIR SOVEREIGN POWERS TO THE STATE FOR
THE COMMON GOOD. (MARCOS VS. MANGLAPUS, 177 SCRA 668
(1989)
 CONSTITUTION OF THE
PHILIPPINES
❖ Pre-1935 Constitution (Spanish and American Rule)

❖ 1935 Constitution (Republic of the Philippines)

❖ 1973 Constitution (Marcos Regime; Martial Law)

❖ 1986 Freedom Constitution (Snap Presidential Election)

❖ 1987 Constitution (34 years old)

FEATURES OF THE 1987 CONSTITUTION OF THE PHILIPPINES
✓It is written, enacted and rigid.
✓It has 18 Articles with the following essential parts: (Nachura)
★ Constitution of Liberty. The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing limitations
on the powers of government as a means of securing the enjoyment of those
rights, e.g., Art. III.

★ Constitution of Government. The series of provisions outlining the organization

of the government, enumerating its powers, laying down certain rules relative
to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII and
IX.

★ Constitution of Sovereignty. The provisions pointing out the mode or procedure

in accordance with which formal changes in the fundamental law may be
brought about, e.g., Art. XVII.

✓Date of Effectivity (1987 Constitution) is February 2, 1987, it is the date of the plebiscite
and not on the date of its ratification was proclaimed (De Leon vs. Esguerra, GR. 78059,
Aug. 31, 1987)
DOCTRINE OF CONSTITUTIONAL SUPREMACY
❖ The Constitution is the basic and paramount law to which all
other laws must conform and to which all persons, including
the highest officials of the land, must defer. (J. Isagani Cruz)

❖ Itis a system of fundamental laws for the governance and

administration of a nation. It is supreme, imperious, absolute
and unalterable except by the authority from which it
emanates. It has been defined as the fundamental and
paramount law of the nation. (Manila Prince Hotel vs. GSIS,
267 SCRA 408)
 INTERPRETATION OF THE CONSTITUTION
✓1. Verba Legis – the words used in the Constitution must be given their ordinary meaning except
where technical terms are employed. (Francisco vs. HOR, 415 SCRA 44)
✓2. Ratio legis est anima – the words of the Constitution should be interpreted in accordance with
the intent of its framers. (Francisco vs. HOR, 415 SCRA 44)
✓3. Ut magis valeat quam pereat – The Constitution is to be interpreted as a whole. (Francisco vs.
HOR, 415 SCRA 44 citing Civil Liberties Union v. Executive Secretary, 194 SCRA 317)
✓4. In case of doubt, the constitution should be considered self-executing rather than non self-
executing; mandatory rather than directory; and prospective rather than retrospective. (Cruz,
Constitutional Law)
✓ 5. In case of doubt, the constitution should be considered self-executing rather than non self-
executing; mandatory rather than directory; and prospective rather than retrospective. (Nachura)
Thus, a constitutional provision is self-executing if the nature and extent of the right conferred and
the liability imposed are fixed by the Constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language indicating that the subject is
referred to the legislature for action [Manila Prince Hotel v. GSIS, G.R. No. 122156, February 03,
1997].
 SELF-EXECUTING VS. NON-SELF-EXECUTING
GENERAL RULE: All provisions of the constitution are self-executing. Unless the contrary is clearly intended,
the provisions of the Constitution should be considered self-executing.

EXCEPTIONS:

★ Statements of general principles (such as those in Art. II of the Constitution) are usually not self-executing.

★ Constitutional provisions on personal dignity, sanctity of family life, vital role of the youth in nation-building,
values of education, social justice and human rights, promotion of general welfare, promotion of total human
liberation and development are merely guidelines for legislation.

EXCEPTIONS TO THE EXCEPTION:

★ The right to a balanced and healthful ecology is self-executing. (Oposa vs. Factoran, G.R. No. 101083, July
30, 1993)
★ The promotion and protection under Art. II, Sec.15, is also self-executing. (Imbong vs. Executive Secretary,
GR. 204819, April 8, 2014)
★ Right to information under Art. II (Legaspi vs. CSC, GR. L-72119, May 29, 1987)

★ Filipino First Policy are self-executing. (Manila Prince Hotel vs. Executive Sec.)
 AMENDMENT VS. REVISION
AMENDMENTS
✓A change that adds, reduces, or deletes without altering the basic principle involved.
✓It generally affects only the specific provisions being amended.
REVISION
✓Alters the substantial entirety of the constitution, as when the change affects substantial
provisions of the Constitution.
✓It generally affects several provisions of the Constitution.
NOTE:
★ Quantitative - Is it so extensive as to affect the substantial entirety of the Constitution?
★ Qualitative - Will it accomplish such far reaching changes in the nature of our basic governmental
plan as to amount to a revision? Will there be an alteration in the basic structure of government?
(Lambino vs. COMELEC, G.R. No. 174153, October 25, 2006)
 WHO MAY PROPOSE AMENDMENT OR REVISION?
PROCEDURE: Proposal and Ratification
PROPOSAL THROUGH:
1. CONGRESS (acting as Constituent Assembly)
Upon a vote of 3⁄4 of ALL its members; (par. 1, Sec.1, Art. XVII, 1987 Constitution)
2. CONSTITUTIONAL CONVENTION
Congress called into existence by:
✓ A vote of 2/3 of all its Members; or
✓ A majority vote of all its Members, submit to the electorate the question of calling such convention. (Sec. 3, Art. XVII, 1987
Constitution)
3. PEOPLE’s INITIATIVE
INITIATIVE – the power of the people to propose amendments to the Constitution or to propose and enact legislations through n election
called for the purpose. (Sec. 3(a), RA 6735)
REFERENDUM – the power of the electorate to approve or reject a legislation though an election called for the purpose. (Sec. 3(c), RA
6735)
RATIFICATION (Sec. 4, Article XVII, 1987 Constitution)
❖ “Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast
in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or
revision.”
❖ “Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held
not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the
petition.”
 MODULE 7
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
 INCORPORATION VS. TRANSFORMATION
The Incorporation Clause

★ By virtue of this clause, our Courts have applied the rules of international law in a number of cases even
if such rules had not previously been subject of statutory enactments, because these generally accepted
principles of international law are automatically part of our own laws. (Kuroda vs. Jalandoni, 83 Phil.
171)
★ The phrase “generally accepted principles of international law” refers to norms of general or customary
international law which are binding on all states, eg. Renunciation of war as an instrument of national
policy, sovereign immunity, a person’s right to life, liberty and due process, and pacta sunt servanda.
(Pharmaceutical and Health Care Association of the Philippines vs. Duque, supra)
★ International law can become part of the sphere of domestic law either by transformation or
incorporation. Treaties become part of the law of the land through pursuant to Art. VII, Sec. 21.
(Pharmaceutical, supra)
Transformation

★ Requires that an international law principle be transformed into domestic law through a constitutional
mechanism, such as local legislation.
 REFER TO THE LECTURE NOTES ON MODULE 7
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES