NATIONAL TERRITORY Territory under Article I “all other territories over
which PH has sovereignty or jurisdiction.”
ARTICLE I
1. The Philippine Archipelago
a. Territorial sea
b. Sea bed
c. Subsoil
d. Insular shelves
e. Other submarine areas
f. Waters
i. Around
ii. Between
iii. And connecting islands of the
archipelago
2. All other territories over which the
Philippines has sovereignty or jurisdiction
a. Kalayaan Group of Islands; and
b. Scarborough Shoal
Archipelago Doctrine
An integration of a group of islands to the sea and
their oneness so that they constitute one unit, one
country, and one state.
An imaginary baseline is connected with the
outermost portion of the archipelago and all
waters enclosed therein are considered part of
internal waters. All waters therein are therefore
subject to our exclusive sovereignty.
Archipelago
State composed of a number of sea and islands.
RA 3046
Demarcating maritime baselines of PH following
UNCLOS I
RA 9522
Amended RA 3046 to make demarcations
compliant with UNCLOS III. Classified KIG and
Scarborough Shoal as Regime of Islands.
Regime of islands are any naturally formed area of
land surrounded by water, which is above water at
high tide.
NOTE: these Regime of Islands are not part of
Philippine Archipelago but part of Philippine
Benham Rise (Philippine Rise)
Newest territory of PH. UN Commission on Limits
of the Continental Shelf (UNCLCS) approved the
claim of PH over Benham Rise as an extension of its
continental shelf considering that it is a natural
prolongation of the landmass of Luzon.
It is wider than the entire Luzon, Samar, and Leyte,
rich with oil deposits. PH is the sole country within
200 nautical miles of the plateau.
UNCLOS
1. EEZ – 370km (200 nautical miles) from
continental shelf of coastal state.
2. Extended Continental Shelf – 278 (150
nautical miles) from EEZ end.
PREAMBLE, DECLARATION OF PRINCIPLES AND
STATE POLICIES
Preamble
1. Manifestation of aims of government.
2. Declaration of purpose, reason, and
direction of Constitution.
3. Not an integral part of the Constitution,
therefore cannot be a source of an
enforceable private right or of any
governmental power. Also creates no duties
nor office.
4. Serves as an extrinsic aid in arriving at the
true intent of the authors of Constitution.
Declaration of Principles and State Policies
1. Purpose: Lay down agenda, objectives, and
visions of state in charting its own destiny.
2. Not self-executing, therefore needs
enabling laws by Congress (Basco v. Pagcor)
a. EXP: Section 16: right to a balanced
and healthful ecology
3. Do not confer enforceable rights, merely
provide guidelines for Judicial, Legislative or
Executive action.
ARTICLE II: State Principles and Policies
1. Republicanism – a Representative
Democracy that is a government of the
 people, by the people, and for the people.
People surrender their powers to the
government whose powers are exercised
for the common good.
a. Democracy – rule by the people.
Sovereignty resides in the people
and all government authority
emanates from them.
b. Manifestations of Republicanism:
i. Bill of Rights
ii. Rule of the Majority
iii. Separation of Powers
iv. Checks and Balances
v. State Immunity
vi. Law of Public Officers (Admin
Law)
2. Renunciation of war as an instrument of
national policy
a. Pursuant UN Charter against use of
force or threat against the territorial
integrity and political independence
of any state.
b. Prohibits aggressive war, but allows
defensive war – self defense being
an inherent to state’s right of self-
preservation.
c. Congress may declare the existence
of a state of war does not violate
this as they do not create or provoke
war, they merely declare an already
existing one.
d. Part of right to self-preservation is
right of state to require all citizens to
render personal military or civil
service (i.e., Martial law and
suspension of writ habeas corpus)
3. Doctrine of Incorporation
a. Transformation – international law
becomes part of domestic law by a
positive act by the State in
accordance with mechanisms
provided under Constitution.
i. EXAMPLE: Treaties and
international agreements
require 2/3 concurrence of
all members of Senate to be
valid in PH
b. Incorporation – mere constitutional
declaration, international law is
deemed to have the force and effect
of domestic law.
i. Coverage: only generally
accepted principles of
international law
ii. EXAMPLE: Pacta sunt
servanda under VCLT
c. CIL: general and consistent practice
of states followed by them from a
sense of obligation (opinion juris)
i. Material factor – how states
behave. Established,
widespread and consistent
practice.
ii. Subjective factor – why they
behave as they do. If they
behave because they believe
it is their obligation, it
becomes opinion juris.
d. Hague Convention is part of law of
the land even if PH not a signatory
because it is CIL (Kuroda v.
Jalandoni)
e. Yogyakarta Principles (IHRL in re
SOGIE) is not yet CIL
4. Foreign Policy
a. Our foreign policy and relations
must pay paramount consideration
to national sovereignty, territorial
integrity, national interest, and right
to self-determination.
b. President – chief architect of foreign
relations. His acts towards this end
are considered acts of state which
cannot be interfered or questioned
by Legislative UNLESS he acted w/
grave abuse of discretion (Acts of
State Doctrine).
5. Civilian Supremacy
a. Military is subordinate to civilian
authority.
6. Separation of Church and State
a. Church should not meddle with
government and state affairs, vice
versa.
i. Strict Separationist Approach
– Protect State from Church.
Absolutely no interaction
between church and state
 ii. Strict Neutrality Approach –
State not hostile in religion,
but religion cannot be basis
for purposes of
governmental action.
iii. Benevolent Neutrality
Approach – Protects church
from State. Governmental
actions may accommodate
religion, not to promote it
but to allow people to
exercise religion without
hindrance. (PH approach)
1. Mandatory
accommodation –
government
constitutionally
compelled to
accommodate
religion
2. Permissive
Accommodation –
State may, but not
compelled, to
accommodate
religion
3. Prohibited
Accommodation –
Mandatory
accommodation is
baseless and runs
afoul free exercise
clause.
7. Parens Patriae
a. Inherent duty of state to protect
underdog. Protect quasi-sovereign
interests (i.e., health, comfort, and
welfare).
b. Underdogs: women, children, labor,
Ips)
8. Social Justice
a. Humanization of laws and the
equalization of social and economic
forces by the State so that justice in
its rational and objectively secular
conception may be approximated.
(Calalang v. Williams)
b. Promotion of welfare of all people,
adopting measure to insure
economic stability of all elements of
society, through proper economic
and social equilibrium, constitutional
or extra-constitutionally, through
exercise of government powers.
9. Local Autonomy
a. Exercise of basic powers (police,
taxation, eminent domain) by local
government units.
b. PURPOSE: better serve and promote
interests and general welfare of
citizens.
c. Either
i. Decentralization of
administration – broadens
base of governmental power;
make local governments
more responsive and
accountable
ii. Decentralization of power –
abdication of political power
in favor of autonomous LGUs
for them to be free to chart
their destiny with minimum
interference from central
government.
1. Self-immolation –
accountable to
central government
and to constituent.
d. EFFECTS: will encourage more
participation because people feel
more involved.
e. NOTE: autonomy does not make
LGUs sovereign within a state.
DIVISION, ALLOCATION, AND DELEGATION OF
POWERS
Separation of Powers
1. Powers assigned by Constitution to one
department can neither be surrendered nor
delegated, nor vested by statute in another
department or agency.
2. PURPOSE: Prevent concentration of power
in one person or group. It guarantees the
liberties of the people.
 3. Legislative Veto – when Congress is given
power to implement the very law they
created.
Checks and Balance
1. Any excessive exercise by one department
may be checked by others in the manner
prescribed by the Constitution.
2. PURPOSE: Keep erring departments within
its boundaries as mandated by the
Constitution.
3. Manifestations in the Constitution
a. Presidential Veto
b. Congress overriding Presidential
veto by 2/3 votes of each House
c. Senate 2/3-vote ratification of a
treaty/international agreement
d. Congress authority to repudiate
martial law declaration by President
thru majority vote
e. Judicial review on declaration of
martial law or suspension of writ
f. HoR sole power to initiate
impeachment of President, and
removal of the same by 2/3 vote of
Senate
g. SC power to declare
treaty/international agreement
unconstitutional
h. Judiciary power to declare void acts
of other departments if in grave
abuse of discretion
Blending of Powers
1. Three branches cannot be
compartmentalized. They must be politically
symbiotic.
2. Principle where certain governmental acts,
in order to be valid, requires the
performance of another act by another
person/organ of the government. Non-
performance renders initial act without
legal and binding effect.
3. Constitutional manifestations:
a. President may grant amnesty
subject to majority vote of Congress
b. Presidential appointment of
judiciary members made upon
recommendation of JBC
c. Bill requiring presidential
imprimatur to become law
Judicial Intervention
1. Mandate of judicial branch: ensure that
distribution of power under Constitution is
observed.
2. Political questions – neatly associated with
the wisdom and not legality of an act.
3. Justiciable question – validity or legality of
an act.
4. GR: Court cannot rule on political questions
a. EXP: grave abuse of discretion
Non-Delegation of Powers
1. RATIO: power given by constitution is not
only a right but a duty to be performed by
the delegate through the instrumentality of
his own judgement, not through the
intervening mind of another.
Permissible Delegation
1. Congress may delegate authority to
promulgate IRRs
2. Other exceptions to non-delegation of
legislative powers:
a. Delegation permitted by
Constitution
i. In war and national
emergency, Congress thru
law, may authorize President
to exercise necessary and
proper powers to carry out
national policy subject to
restrictions it may prescribe
ii. Congress may by law
authorize President to fix
tariff rates, import and
export quotas, tonnage and
wharfage dues,
iii. Power of SC to promulgate
rules concerning protection
and enforcement of consti
rights, pleading, practice, and
procedure in all courts….
b. Delegation to LGUs
i. LGC – delegated to LGUs
eminent domain and police
power
 ii. Constitution – delegated to
LGU power of taxation
c. Delegation to people at large
i. Initiative and referendum as
an exercise of legislative
power
d. Delegation to administrative bodies
i. Enact rules of procedure
known as “power of
subordinate legislation”
ii. RATIO: Congress cannot
attend to the myriad of
problems demanding its
attention and solution.
Problems has become
peculiar and sophisticated
that there needs to be
specialization in legislation
by admin bodies.
iii. LIMIT: may only fill-in the
details of a broad policy by
Congress.
iv. Congress cannot delegate
substantive matters.
Test of Delegation
1. Completeness test – law by Congress must
be complete in all essential terms and
conditions before it can be delegated.
NOTHING LEFT BUT ENFORCE THE LAW.
2. Sufficient Standard Test – legislature must
establish definite guidelines/limits in the
law to set boundaries of delegate’s
authority.
3. NOTE: always ask this to know if there is
valid delegation: “are there limits to the
exercise of discretion by the delegate?”
4. IRRs must be in harmony with law and
should only be for the sole purpose of
implementing the law.
5. Law cannot be expanded by IRRs
a. RATIO: admin bodies cannot amend
act of Congress.
LEGISLATIVE DEPARTMENT
Legislative power
Power to make, alter, and repeal laws.
Kinds of Legislative power under Republican
System
1. Original Legislative Power – people enact
laws
2. Derivative Legislative Power – people
delegate it to legislative bodies.
Subordinate to original legislative power.
Bicameral Congress
Composed of Senate and House (two chambers).
Ensures enactment of quality legislation, more
representative of regional and national interests,
and less susceptible to graft and correction due to
checking by each house. However, can make
passing laws a tedious process, more expensive,
and can create deadlocks.
Senate
1. 24 senators
2. Qualifications
a. Natural-born citizen
i. Citizen from birth without
having to perform act to
acquire; or
ii. Born of Filipino mother
before Jan 17, 1973 and
elects PH citizenship
b. At least 35yo on day of election
c. Able to read and write
d. Registered voter
e. Resident of PH for not less than 2
years immediately preceding day of
election.
i. Resident synonymous to
domicile: (1) habitually
resides; (2) when absent, has
intention to return.
ii. How to lose domicile:
1. Actual removal of
domicile
2. Intention of
abandoning former
3. Acts that correspond
with abandonment
iii. Animus manendi – intention
to remain in new domicile
iv. Animus non revertendi –
intention not to return to old
 NOTE: qualifications must be possessed
continuously during incumbency, otherwise,
senator ceases to be legally entitled to it.
3. Term of office – 6 years for no more than 2
successive terms.
a. Voluntary renunciation – still
deemed to have served full term.
b. Involuntary renunciation – term limit
does not apply
House of Representatives
1. Shall be not more than 250 members,
UNLESS otherwise provided by law
2. Elected from
a. Legislative districts – apportioned
among provinces, cities, and
Metropolitan Manila area according
to number of their inhabitants
b. Party-lists – from registered
national, regional, and sectoral
parties
i. Must constitute 20% of total
number of representatives
including those under party-
list
ii. Who is deemed voted is the
party-list representative, not
the party.
3. Term – 3 years for not more than 3
consecutive terms.
4. Qualifications of District Representatives
a. Natural born
b. At least 25 yo
c. Able to read and write
d. Registered voter in the district he
shall be elected from
e. Resident thereof for a period not
less than 1 year immediately
preceeding election
5. Party-list
a. Political Party – national
(constituency at least majority of
regions) or regional (constituency at
least majority of cities or provinces)
b. Sectoral Party – represents special
interest and concern of their sector.
c. Coalition – aggrupation of duly
registered political and/or sectoral
parties, or organizations for political
and/or election purposes.
6. Atong-Paglaum v. Comelec (Guidelines for
Party-list)
a. 3 Groups may participate (national,
regional, sectoral)
b. National and regional need not
represent marginalized or
unrepresented
c. Political parties can participate
provided they register under party-
list system and not field candidates
in legislative district elections. They
can instead register a sectoral wing
in party-list system, independent but
linked to the political party through
coalition.
d. Sectoral are marginalized and
underrepresented or lacking in well-
defined political constitutencies.
e. Majority of the members of sectoral
party must belong to the
marginalized and underrepresented
sector they represent.
i. They must either (1) belong
to the sector; or (2) has track
record of advocacy for the
sector.
f. Party list not disqualified by
disqualification of their nominees,
PROVIDED at least one nominee is
qualified.
7. Banat v. Comelec (Parameters for Party-list
elections)
a. 20% of total number of HOR
membership is the maximum
number of seats available for party
lists; one party-list seat for every 4
existing legislative districts.
b. 2% of total votes cast in the party-
list elections guarantees one seat.
i. Guaranteed seats distributed
in a first round of seat
allocation
c. Remaining guaranteed seats are
then distributed to party-list orgs
including those who has less than
2% votes.
 d. Three seat cap – prevents any party
from dominating party-list system.

Step 1: Number of Party-list seats

Number of district seats

x 0.20
0.80
Step 2: Allocate another set of seats to the
parties

Step 3: if there are still remaining, distribute

up until those lower in ranks until
completely filled

8. Grounds for cancellation or rejection of

registration:
a. Religious sect or denomination for
religious purposes
b. Advocates for unlawful or violence
means to seek goal
c. Foreign party or org
d. Receiving support from foreign
government, political party,
organization, directly or indirectly
e. Does not comply with laws, rules,
regulations of elections
f. Untruthful statements in petition
g. Ceased to exist for at least 1 yr
h. Fails to participate in last 2
preceding elections or fails to obtain
2% in 2 preceding elections.
i. Means they did not qualify
for a seat in the last 2
elections (in view of BANAT)