Political Law Review 2023 3.

Process of Change (Amendments and

Revisions)
a. Revision – It is the rewriting or
Preliminary Concepts overhauling of the entire instrument.
A. Nature of the Constitution b. Amendment – it is a change or alteration
for the better an amendment or change
1. PARTS
within the lines of the original instrument
a. Constitution of Liberty – This contains which will bring about improvement.
the fundamental civil and political rights of
In Lambino Case:
the citizens as well as the limitations on the
powers of the government to secure the 1. Revision – broadly implies a change that
enjoyment of the rights of the citizens alters a basic principle in the Constitution,
like altering the principle of separation of
b. Constitution of Government – It
powers or the systems of checks and
contains provisions that enumerate the
balances, or where the change alters the
powers of government and outline its
substantial entirety of the Constitution, as
organization
when the change affects substantive
c. Constitution of Sovereignty - it contains provisions of the Constitution.
the provisions on how changes in the
2. Revision generally affects several
Constitution may be made.
provisions of the Constitution.
2. Manner of Interpretation
a. IN CASE OF DOUBT, THE
3. Amendment broadly refers to a change
CONSTITUTION SHOULD BE
that adds, reduces or deletes without altering
CONSIDERED SELF-EXECUTING
the basic principle involved.
RATHER THAN NOT SELF-
EXECUTING; MANDATORY RATHER
THAN DIRECTORY; AND QUANTITATIVE TEST
PROSPECTIVE RATHER THAN
RETROSPECTIVE This test asks whether the proposed change
is “so extensive” in its provisions as to
The provisions of the Constitution are to be change directly the “substantial entirety” of
considered as self-executing because if they the Constitution by the deletion or alteration
are not treated as such, the legislature can of numerous existing provisions.
ignore and practically nullify the direction of
the fundamental law. QUALITATIVE TEST

Self-executing provisions are those which This test inquires into the qualitative effects
are immediately effective without the need of the proposed change in the Constitution,
of legislation. it alters substantially the basic plan of
government from presidential to
Not Self-Executing when it merely parliamentary, and from a bicameral to a
indicates the principles without laying down unicameral legislature.
rules giving them the force of law.
Two Modes of Revising the Constitution:
a) By the Congress upon a vote of ¾’s of all
its Members; or
b) By Constitutional Convention
If the Congress chooses to call a
constitutional convention to revise the
Constitution, it may either:
1) Call a Constitution Convention by
a vote of 2/3 of all its Members
2) Submit to the electorate the
question or call such a body by a majority
vote of all its Members.
Amendment may be effected: (a) By
Congress, upon vote of the ¾ of all its
Members; (b) By a Constitutional
Convention; (c) By People’s Initiative.
People’s Initiative
It is the power of the people to propose
amendments to the Constitution or to
propose or enact legislation through an
election called for the purpose.
What is log-rolling?
There is log rolling when the initiative
petition incorporates a correlated subject
matter in the same petition.
What are the elements of a Valid Petition
for a People’s Initiative To Amend the
1987 Constitution
a. there must be a written petition
b. the petition must have a least 12% of the
total number of registered voters as
signatories;
c. of the 12% of total registered voters, at
least every legislative district must be
represented by 3% of the registered voters as
signatories.
d. the draft of the proposed amendment must
be embodied in the petition.
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Contents of the Petition on Initiative
1. Contents or text of the proposed law
sought to be enacted, approved, or rejected,
amended or repealed, as the case may be.
2. The proposition
3. The reason or reasons thereof.
4. That it is not one of the exceptions
provided therein.
5. Signatures of the petitioners or registered
voters
6. An abstract of the summary proposition is
not more than one hundred words which
shall be legibly written or printed at the top
of every page of the petition.
RATIFICATION
Article XVIII. Sec. 4.
Any amendment to, revision of this
Constitution under Sec. 1. Hereof shall be
valid when ratified by a majority of the
votes cat in a plebiscite which shall be held
not earlier than 60 days not later than 90
days after the approval of such amendment
or revision.
Any amendment under Sec 2 (People’s
Initiative) shall be valid when ratified by a
majority of the votes cast in a plebiscite
which shall be held not earlier than 60 days
no later than 90 days after the certification
by the Commission on Elections of the
sufficiency of the petition.
No amendment under Sec. 2. XVIII shall be
authorized within 5 years following the
ratification of this Constitution nor oftener
than once every five years thereafter.
B. The Philippines as a State
1) Elements
People – it refers to the entire body of those
citizens of a state or nation who are invested
with political power for political purposes.
They must be numerous enough to be self-
sufficient and to defend themselves and
small enough to be easily administered.
Territory – is a fixed area or surface of the
earth where the inhabitants a state live and
where they maintain a government of their
own.
A territory must neither too big as to be
difficult to administer and defend nor too
small as to be unable to provide for the
needs of the population.
Government - as the institution by which
an independent society makes and carries
out those rules and are necessary to enable
men to live in a social state.
De Jure Government
An organized government of a State which
has the general support of its people
De Facto Government
Takes possession and control or usurps by
force or by the voice of the majority, the
rightful legal govt. and maintains itself
against the will of the latter.
Sovereignty – it is the supreme power in a
State by which it is governed.
Essential Characteristics:
1. Permanence – the sovereignty continues
as long as the State itself exists.
2. Exclusiveness – there can be only one
supreme power in the State, legally entitled
to the obedience of the inhabitants.
3. All - Comprehensiveness - the
universality of sovereignty within the
territorial limits of the State.
4. Inalienability – it cedes away of its
essential element without self-destruction.
5. Inprescriptability
6. Unity
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Internal Self-Determination
The right of the people of a state to govern
themselves w/o outside interference.
External Self-Determination
The right of peoples to determine their own
political status and to be free of alien
domination, including the formation of their
own independent state.
C. Fundamental Powers of the State
1. Police Power
The sovereign power to promote and protect
the general welfare. It is the most pervasive
and the least limitable of the three powers of
the State.
2. Eminent Domain
The right of the State to acquire private
property for public use upon payment of just
compensation.
3. Taxation
To raise revenue to defray the expenses of
government or for any public purpose.
They are inherent because they are incidents
of sovereignty and do not depend on any law
or the Constitution to be recognized or
enforced.
Requisites for the Valid Exercise of Police
Power
1) Lawful Subject – the power will be
exercised to promote the general welfare of
the public, or a particular class.
2) Lawful Means – the means employed are
reasonably necessary for the
accomplishment of the purpose and not
unduly oppressive on individuals.
E) Constitutional Exemption Principle
Sec 28. Art. V. Leg. Department
(1) the rule of taxation shall be uniform and
equitable. Congress shall evolve a
progressive system of taxation
(2) Congress, may by law, authorize the
President to fix within specified limits, and
subject to such limitations and restrictions as
it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and
other duties or imposts within the
framework of the national development
program of the Govt.
(3) Charitable Institutions, churches and
parsonages or convents therto, mosques,
non-profit cemeteries, and all lands,
building, and improvements, actually,
directly, and exclusively used for religious,
charitable, or educational purposes shall be
exempt from taxation.
(4) No law granting any tax exemption shall
be passed without the concurrence of a
majority of all the Members of Congress.
ARTICLE II. DECLARATION OF
PRINCIPLES AND STATE POLICIES:
SEC. 1. The Philippines is a democratic and
republican State. Sovereignty resides in the
people and all government authority
emanates from them.
CHARACTERISTICS OF A
REPUBLICAN GOVERNMENT:
1. People choose their representative by the
vote of the majority and for a fixed period of
time.
2. Public Officials are entrusted with the
duty to serve the people.
3. Purpose of a republican government is to
promote the common welfare of the people
according to the will of the people
4. our government is ruled by law and not of
men.
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5. Principles of separation of powers and the
system.
SEC. 2. The Philippines renounces war as
an instrument of national policy, adopts the
generally accepted principles of
international law as part of the law of the
land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and
unity will all nations.
SEC. 3. Civilian authority is at all times
supreme over the military, the AFP is the
protector of the people and the State. Its goal
is to secure the sovereignty of the State and
the integrity of the National territory.
SEC. 4. The prime duty of the Government
is to serve and protect the people. The
Government may call upon the people to
defend the State. And in the fulfillment
thereof, all citizens may be required under
conditions provided by law to render
personal, military, or civil service.
SEC. 5. The maintenance of peace and
order, the protection of life, liberty and
property and the promotion of the general
welfare are essential for the enjoyment by
all the people of the blessings of democracy.
SEC. 6. The separation of the Church and
State shall be inviolable.
The separation, merely serves to delineate
the boundaries between the two institutions
thereby avoiding any encroachment by one
against the other.
SEC. 7. The state shall pursue an
independent foreign policy. In its relation
with other states, the paramount
consideration shall be national sovereignty,
territorial integrity, national interest and
right to self – determination.
SEC. 8.POLICY OF FREEDROM
FROM NUCLEAR WEAPON
The Philippines, consistent with the national
interest, adopts and pursues a policy of
freedom from nuclear weapons in its
territory.
SEC. 9. The State shall promote a just and
dynamic social under the will ensure the
prosperity and independence of the nation
and free the people from poverty through
policies that provide adequate social
services, promote full employment, a rising
standard of living, and an improved quality
of life for all.
What is social justice?
Social Justice is neither communism, nor
atomism, nor anarchy but the humanization
of laws and the equalization of social and
economic forces of the State so that justice
in its rational and objectively secular
conception may at least be approximated.
SEC. 11. The State shall value the dignity of
every human person and guarantees full
respect for human rights.
SEC. 12. The State recognizes the sanctity
of family life and shall protect and
strengthen the family as a basic autonomous
social institution. It shall equally protect the
life of the mother and the life of the unborn
from conception. The natural and primary
right and duty of parents in the rearing of the
youth for civic efficiency and development
of moral character shall receive the support
of the Government.
SEC 13. The state recognizes the vital role
of the youth in nation building and shall
promote and protect their physical, moral,
spiritual, intellectual and social well-being.
It shall include in the youth patriotism and
nationalism and encourage their
involvement in public and civic affairs.
SEC. 14. The State recognizes the role of
women in nation building and shall ensure
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the fundamental equality before the law of
women and men.
SEC. 15. The State shall protect and
promote the right to health of the people and
instill health consciousness among them.
SEC. 16. The State shall protect and
advance the right of the people to a balanced
and healthful ecology in accord with the
rhythm and harmony of nature.
SEC. 17. The State shall give priority to
education, science and technology, arts,
culture and sports to foster human liberation
and development.
SEC. 18. The State affirms labor as a
primary social economic force. It shall
protect the rights of workers and promote
their welfare.
SEC. 19. The State shall develop a self-
reliant and independent national economy
effectively controlled by Filipinos.
SEC. 20. The State recognizes the
indispensable role of the private sector,
encourage private enterprise and provides
incentives to needed investments.
SEC. 21. The State shall promote
comprehensive rural development and
agrarian reform.
SEC. 22. The state shall recognizes and
promote the rights of indigenous cultural
communities within the framework of
national unity and development.
SEC. 23. The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.
SEC. 24. The State recognizes the vital role
of communication and information in nation
building.
SEC. 25. The State shall ensure the
autonomy of local governments.
SEC. 26. The State shall guarantee equal
access to opportunities for public service,
and prohibit political dynasties as may be
defined by law.
SEC. 27. The State shall maintain honesty
and integrity in the public service and take
positive and effective measures against graft
and corruption.
SEC. 28. Subject to reasonable conditions
prescribed by law, the State adopts and
implements a policy of full public disclosure
of all its transaction involving public
interest.
E. DYNAMICS AMONG THE
BALANCES OF GOVERNMENT
1. Separation of Powers
It operatates to maintain the legislative
power to the legislative department, the
executive power to the executive department
and the judicial power to the judiciary.
There must be independence and equity of
the several departments. The completeness
of their separation and their mutual
independence does not however, extend to
the point that those in authority in the other,
done pursuant to the authority vested in
them, as nugatory and not binding in every
other department.
2. Check and Balances
One department is given certain powers by
which it may definitely restrain the others
from exceeding constitutional authority.
Examples:
a. Legistlative makes the law, the executive
approves it or veto it by the President.
b. the courts are authorized to determine, in
actions brought to it for decision, the
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validity of the said legislative measure or
executive act.
c. the legislature also checks executive
action when it confirms or refuses to
confirm presidential appointments.
Delegation of Pwoers
1) What necessitates the Delegtion of
Powers?
As a result of the growing complexity of the
modern society, it has become necessary to
create more and more administrative bodies
to help in the regulation of its activities.
Specialized in the particular field assigned to
them, they can deal with the problems
thereof with more expertise and dispatch
than can be expected from the legislature or
the court of justice.
2) What is the Rule on the Delegation of
Powers?
"Potestas delegata non delegari potest” what
has been delegated cannot be re-delegated.
It is based upon the ethical principle that
such 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.
When is delegation of power permissible.
1. Delegation to the People such as:
a. Initiative and referendum
b. submission of plebiscite in the creation,
division, merger, and abolition of LGU’s
2. Emergency Powers of the President
3. Tariff Powers of the President
4. Delegation to Admin Bodies of the power
of subordinate legislation.
5. Delegation to Local Govt. Units
What are the tests for valid delegation?
1. Completeness Test – the law is complete
in all the terms and conditions when it
leaves the legislature so that when it reaches
the delegate, it will have nothing to do but to
enforce it.
2. Sufficient Standard Test – the law must
offer a sufficient standard to specify the
limits of the delegate authority, announce
the legislative policy and specify the
conditions under which it is be
implemented.
F. State Immunity Sec 3. Article XVI.
The State has the inherent right to exist and
to protect itself and its citizens from any act
or acts which will defeat the greater interest
of the people which it is obliged to serve.
Can the State be sued?
As a rule, the State cannot be sued w/o its
consent.
Exception: Unless there is consent which
can be given by the state expressly or
impliedly.
1. Express Consent – when a law expressly
grants authority to sue the State or any of its
agencies.
2. Implied Consent
a. When the state enters into a private
contract, unless is ONLY incidental to the
performance of a governmental function.
b. when the State enters into an business
operation, unless such is only incidental to
the performance of a governmental function.
c. when the State sues a private party, the
defendant may file a counter claim, unless
the suit is only to resist claim.
d. when the application of the doctrine of
State Immunity would serve as an
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instrument for perpetrating an injusctice to
the citizen.
What is the Principle of State Immunity
The doctrine is also known as the “royal
prerogative of dishonesty” because it grants
the State the prerogative to defeat any
legitimate claim against it by simple
invoking its non-suability.
The Rationale Behind the Doctrine of
State Immunity
This principle also seeks to prevent te loss of
government efficiency as a result of the
time and energy it would requires to defend
itself against law suits.
Why is the Doctrine of State Immunity is
available to Foreign States?
Immunity is enjoyed by all States consonant
with the public international law principle of
“par in parem non habet imperium” meaning
that all states are sovereign equals and
cannot assert jurisdiction over one another.
When are government agencies entitled to
immunity.
1. If the agency is INCORPORATED, if the
charter says it is suable regardless of the
function I is performing.
However, if its charter is silent, then it is
based on the purpose for which such agency
was created.
2. If it is UNINCORPORATED since there
is no separate personality, as a general rule
suits against it are generally against the state
therefore consent of the State is needed.
“There is a need to distinguish between an
unincorporated govt agency performing govt
function and one performing a proprietary
function. If the unincorporated is doing
governmental function, immunity shall be
upheld. If it is doing proprietary function
there will be an implied consent.
The consent only goes up to the completion
of the proceedings anterior to when the
judgment has been rendered and become
executable, since government funds and
properties may not be seized to satisfy such
judgment. Disbursement of public funds
must be covered by the corresponding
appropriation as required by law.
Before levy on execution may proceed a
claim for payment of the judgment award
must first be filed w/ the Commission on
Audit and must be acted upon within 60
days. The COA has primary jurisdiction to
examine, audit and settle “all debts and
claims of any “sort” due from or owing the
Government or any of its subdivisions,
agencies and instrumentalities including
GOCC’s.
G. National Territory
Article I of the1987 Philippines
Constitution
The national territory comprises of the
Philippine archipelago,