Lecture Series on Politics and Governance

With Study of the 1987 Philippine Constitution

(1st Semester, August-December 2022)

Day 1: Informal meeting

Day 2: Understanding Politics and Governance

Concept
Meaning of Politics
How politics can be studied?
Meaning of Governance

Day 3: General Concept of Constitution

Definition of Constitution – body of rules and maxims in accordance with which the
powers of sovereignty are habitually exercised. (Cooley, Constitutional Limitations, p.41)

With particular reference to the Philippine Constitution, that written instrument

enacted by direction 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. (Malcolm, Philippine Constitutional Law, p. 6)

The purpose of the Constitution is prescribing the permanent framework of a system of

government, to assign to the several departments their respective powers and duties,
and to establish certain first principles on which the government is founded. (11 Am.
Jur. 606)

IN SHORT: the Constitution is the supreme law of the land.

Classification of Constitution:

Written vs. Unwritten – a written constitution is one whose precepts are embodied in
one document or set of documents; while an unwritten constitution consists of rules
which have not been integrated into a single, concrete form but are scattered in various
sources, such as statutes of a fundamental character, judicial decisions, commentaries
of publicists, customs and traditions, and certain common law principles.

Enacted (Conventional) vs. Evolve (Cumulative) – a conventional constitution is

enacted, formally struck off at definite time and place following a conscious or deliberate
effort taken by a constituent body or ruler; while a cumulative constitution is the result
of political evolution, not inaugurated at any specific time but changing by accretion
rather than by any systematic method.

Rigid or Flexible – a rigid constitution is one that can be amended only by a formal and
usually difficult process; while a flexible constitution is one that can be changed by
ordinary legislation. (Cruz, p. 4-5)

Qualities of a good written Constitution:

Must be broad – not just because it provides for the organization of the entire
government and covers all persons and things within the territory of the State but
because it must be comprehensive enough to provide for every contingency.

Must be brief – it must confine itself to basic principles to be implemented with

legislative details more adjustable to change and easier to amend.

Must be definite – to prevent ambiguity in its provisions which could result in confusion
and divisiveness among the people. (Cruz, pp. 5-6)
Essential parts of a good written Constitution:

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 the
government as a means of securing the enjoyment of those rights, e.g., Article 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., Articles VI, VII, and VIII.

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., Article XVII. (Nachura, Outline Reviewer in Political Law, pp. 2-3)

Day 4, 5, and 6: Constitutional Supremacy and the Concept of State

Doctrine of Constitutional Supremacy – if a law or a contract violates any norm of the

Constitution, that law or contract, whether promulgated by the legislative or the
executive branch of Government or entered into by private persons for private purposes,
is null and void, and without any force and effect.

Since the Constitution is the fundamental and supreme law of the land, it is deemed
written in every statute and every contract. (Manila Prince Hotel vs. GSIS, GR No. 122156,
February 3, 1997)

NOTE: IS THERE AN EXCEPTION TO THIS DOCTRINE? Yes, under the Operative Fact
Doctrine. See the case of Araullo vs. Aquino III, GR No. 209287 [July 1, 2014].

Concept of State: Definition, Elements, and Fundamental Powers

State – is a community of persons, more or less numerous, permanently occupying a

definite portion of territory, independent of external control, and possessing a
government to which a great body of inhabitants render habitual obedience. (Collector
Internal Revenue vs. Campos Rueda, GR No. L-13250 [October 29, 1971])

Elements of the State:

People Inhabitants, citizens, electorate.

Territory A specific portion of land occupied by people. (Discuss
the Philippine Territory)
Sovereignty The supreme and uncontrollable power inherent in a
State by which that State is governed.
Government Agency or instrumentality through which the will of
the State is formulated, expressed and realized.
Recognition Acceptance of statehood from the family of nation (e.g.,
United Nation)

Define the national territory of the Philippines?

1. The Philippine archipelago, with all the islands and waters embraced therein, and
2. All other territories over which the Philippines has sovereignty or jurisdiction,
consisting of:
(1) terrestrial, fluvial and aerial domains,
(2) including its territorial sea, the seabed, the subsoil, the insular shelves, and
other submarine areas.
3. The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of
the Philippines.
What is Archipelagic Doctrine? an archipelago shall be regarded as a single unit, so
that the waters around, between, and connecting the islands of the archipelago,
irrespective of their breadth and dimensions, form part of the internal waters of the
state, subject to its exclusive sovereignty.

What is Maritime Regime?

Territorial Waters 12 nautical miles – where the Philippines has

Contiguous Zone
Exclusive Economic Zone
Continental Shelf
jurisdiction to implement its laws
12 nautical miles – Philippine laws are applied and
enforced with regard to fiscal, immigration, sanitary,
and customs matters.
200 nautical miles – special rights regarding the
exploration and use of marine resources, including
energy production from water and wind.
350 nautical miles (theoretically) – rights for
exploration and exploitation.

Fundamental Powers of the State:

Police Power Power of Eminent Domain Power of Taxation

Definition
The power of promoting Also known as the power of The power to impose
public welfare by expropriation. It is the payment of taxes to meet
restraining and regulating inherent power of the State the expenditure of the
the use and enjoyment of to take private property to. government.
liberty and property.
Scope/Characteristics
It is the most pervasive, the Deprivation of private Taxes is the life-blood of
least limitable, and the property and appropriation the State. The State must
most demanding of the of such to serve the public levy taxes in order to
three powers. purpose of the government. support infrastructures,
payment of wages of its
The justification is found in Can only be imposed on employees, and support
the Latin maxim: solus private property. the peace and order
populi est suprema lex, and operation.
sic utere tuo ut alienum non
laedas. Confiscatory in nature.
Who may exercise the power?
General Rule: The General Rule: The General Rule: The
Legislative Department. Legislative Department. Legislative Department
and the Sanggunian of
Exception: valid delegation Exception: valid delegation LGU.
to the President, the to the President, the
administrative agencies, administrative agencies, Exception: The President
and Sanggunian of LGU and Sanggunian of LGU when granted delegated
(pursuant to LGC of 1991). (pursuant to LGC of 1991), tariff power.
and private enterprises
performing public services.
Limitation (Test of Valid Exercise)
Interest of the public in The property sought to 1. There must be due
general as distinguished appropriate must be for process of law as it
from those of a particular public use and payment of is confiscatory in
class, require the exercise just compensation to the nature.
of the power. owner. 2. Equal protection of
the law.
This means that the 3. Public purpose.
activity or property sought
to be regulated affects the
general welfare; if it does,
then the enjoyment of the
rights flowing therefrom
 may have to yield to the
interests of the greater
number.
Additional Limitation(s)
When exercise by delegate:
1. Must be expressly
granted by law;
2. Within the
territorial limits;
and
3. Must not be
contrary to law.

Day 7: Principles and State Policies

Declaration Principles and State Policies – statement of the basic ideological

principles and policies that underlie the Constitution. The provisions shed light on the
meaning of the other provisions of the Constitution and they are a guide for all
departments of the government in the implementation of the Constitution.

Principles Policies
Binding rules which must be observed in Guidelines for the orientation of the state.
the conduct of government.

It covers Article II, Sections 1 to 6. It covers Article II, Sections 7 to 28.

Section 1 – pertains to the type of government or the governmental system of the

Philippines which a democratic and republican state.

Salient features of a Democratic and Republican State:

1. Government of laws
2. Rule of majority
3. Accountability of public officials
4. Existence of Bill of Rights
5. Prohibition on the power of the Congress to pass irrepealable laws
6. Separation of powers and checks and balance among the three branches of the
government (Executive, Legislative, and Judicial Departments)
7. Delegation of powers

Principle of Separation of Powers and Checks and Balance:

Executive Legislative Judicial

The branch of the The branch of the The branch of the
government who are government who are government who are
responsible for the responsible for the making, responsible for the
implementation of the laws amending and repealing interpretation the laws
passed by the Congress. the laws. passed by the Congress
and the actions of the other
gov’t. instrumentality.

Delegation of Powers – fundamentally, legislative power is an attribute of sovereignty, in

that the Constitution itself, the fundamental law of the State, is a legislation of the
sovereign people. However, through the Constitution, the people “delegated” the
legislative power to the Congress of the Philippines.

NOTE: Section 1, Article VI states that “legislative power shall be vested in the Congress
of the Philippines…” The delegation of power entails a surrender of authority to the
representatives, or in the case of legislative power, to the Congress. Thus, law-making
can only be performed by the Congress, even if the law it enacts involves the people.

NOTE: The Congress cannot further delegate the power delegated to it by the people.
This is in keeping with the principle of non-delegation of powers which is applicable to
all the three branches of the government. The rule states that what has been delegated
cannot further be delegated – “potestas delegata non delegari potest.”

A delegated power must be discharged directly by the delegate and not through the
delegate’s agent. It is basically an ethical principle which requires direct performance
by the delegate of an entrusted power. Further delegation therefore constitutes violation
of the trust reposed by the delegator on the delegate. The people, through the
Constitution, delegated lawmaking powers to the Congress, and as such, it cannot as a
rule delegate further the same to another.

NOTE: however, the principle of non-delegation is not absolute – there are five
permissible delegation pf powers.

Five Permissible Delegations:

1. Delegation of tariff powers to the President. Article 6, Section 28(2). “The 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 Government.”

NOTE: the reason for this delegation is the necessity, not to say expediency, of
giving the chief executive the authority to act immediately on certain matters
affecting the national economy lest delay result in hardship to the people.

2. Delegation of emergency powers to the President. Article 6, Section 23(2). “In

times of war or other national emergency, the Congress may by law authorize the
President, for a limited period and subject to such restrictions as it may prescribe,
to exercise powers necessary and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease
upon its next adjournment.”

The conditions for the vesture of emergency powers in the President are the
following:

a. There must be war or other national emergency.

b. The delegation must be for a limited period only.
c. The delegation must be subject to such restrictions as the Congress may
prescribe.
d. The emergency powers must be exercised to carry out a national policy
declared by the Congress.

IMPORTANT POINTS:

- The emergency powers are self-liquidating unless sooner withdrawn.

- Conferment of emergency powers on the President is not mandatory on the
Congress. The Congress may choose to hold on to its legislative powers and
validly refuse to delegate it.

3. Delegation to the people at large. The Congress further delegates its legislative
power by allowing direct legislation by the people in cases of initiative and
referendum.

4. Delegation to local governments. This delegation is based on the principle that

the local government is in better position than the national government to act on
 purely local concerns. Legislative power is therefore given to them for effective
local legislation.

5. Delegation to administrative bodies. The Congress delegates the so called “power

of subordinate legislation” to administrative bodies. Due to the growing
complexity of modern society, it has become necessary to allow specialized
administrative bodies to promulgate supplementary rules, so that they can deal
with technical problems with more expertise and dispatch than the Congress or
the courts.

Regulations or supplementary rules passed by the administrative bodies are

intended to fill-in the gaps and provide details to what is otherwise a broad
statute passed by Congress. For the rules and regulations to be valid and binding,
they must be in accordance with the statute on which they are based, complete
in themselves, and fix sufficient standards. If any of the requirements is not
satisfied, the regulation will not be allowed to affect private rights

Valid test of delegation:

The Completeness Test Sufficient Standard Test

Ideally, 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 enforce it.
It 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. The purpose of the
sufficient standard is to prevent a total
transference of legislative power from the
lawmaking body to the delegate.

Section 2 – pertains to the Philippines’ renunciation of (offensive) war as an instrument

of national policy. The adaption of the generally accepted principle of international law
as part of the law of the land (Doctrine of Incorporation). And, adherence to the policy
of peace with all nation.

Section 3 – pertains to the supremacy of civilian authority over the military. Civilian
authority is also an indicator of a democratic government because of the principle of
“salus populi est suprema lex” of the will of the people is supreme law.

NOTE: the duty of the Armed Forces of the Philippines is the protector of the people and
State.

Section 4 – pertains to the prime duty of the government: (1) to SERVE and PROTECT
the people; and (2) DEFEND the State by giving personal, military and civil service.

Section 5 – pertains the blessings of democracy thru maintenance of peace and order,
protection of life, liberty and property and promotion of the general welfare.

Section 6 – pertains to the inviolability on the separation of church and state. This
included the freedom of religion, freedom from religion and freedom to act on one’s belief.

Church State
The church must interfere in purely The State must not interfere in purely
political (governmental) matters or the matters of religion and morals, which are
temporal aspects of man’s life. the exclusive concerns of the Church.

NOTE: under this rule, the State shall have no official religion. The State cannot set-up
a state religion, whether or not supported with funds; nor aid one religion, aid all
religions, or prefer one religion over another.
NOTE: this also includes the principle that every person is free to profess belief or
disbelief in any religion. Moreover, every religious minister/clergy is free to practice his
calling and the State cannot punish a person for entertaining or professing religious
beliefs or disbeliefs.

State Policies:

Section 7 – pertains to the Philippines’s independent foreign policy.

Paramount consideration must be:

1. National sovereignty
2. Territorial integrity
3. National interest
4. Right to self-determination

NOTE: An independent foreign policy means one is not subordinate or subject to nor
dependent upon the support of another government.

In general, the objective of Philippines’ foreign policy is to establish friendly relations

will all countries of the world regardless of race, religion, ideology and social system and
to promote as much beneficial relationship with them particularly in economic and trade
activities.

Section 8 – pertains to the Philippines policy on freedom from nuclear weapons in its
territory.

Section 9 – pertains to the promotion of just and dynamic social order that will ensure
the prosperity and independence of the nation and free the people form poverty through
policies that provide adequate social services, promote full employment, a rising
standard of living, and improved quality of life for all.

Section 10 – pertains to the promotion of social justice in all phases of national

development.

NOTE: social justice means the promotion of the welfare of all the people, the adoption
by the Government of measures calculated to insure economic stability of all the
competent elements of society, through the maintenance of a proper economic and
social equilibrium in the interrelations of the members of the community,
constitutionally, through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the existence of all
governments on the time-honored principle of salus populi est suprema lex.

Others provisions under the State Policies

Section 11 – Section 20 –

The State values the dignity of every Indispensable role of the private sector,
human person and guarantees full encourages private enterprise, and
respect for human rights. provides incentives to needed
investments.
Section 12 – Section 21 –

State’s recognition of sanctity of family life Promotion of rural and agrarian reform.
as a basic autonomous social institution.
Section 13 – Section 22 –

The role of the youth in nation building. The rights of indigenous cultural
communities
Section 14 – Section 23 –
State’s recognition on the role of the Encouragement of non-governmental,
women in nation building. community-based, or sectoral
organizations that promote the welfare of
the nation.
Section 15 – Section 24 –

Protection and promotion of right to Recognition of the vital role of

health of the people and instill health communication and information in
consciousness among them. nation-building.
Section 16 – Section 25 –

Right of the people to a balanced and The State shall ensure the autonomy of
healthful ecology. local governments.
Section 17 – Section 26 –

Education, science and technology, arts, Equal access to opportunities for public
culture, and sports. service, and prohibit political dynasties as
may be defined by law.
Section 18 – Section 27

State’s affirmation of labor as a primary Maintenance of honesty and integrity in

social economic force. the public service and take positive and
effective measures against graft and
corruption.
Section 19 – Section 28 –

Independent national economy controlled The State adopts and implements a policy
by the Filipinos. of full public disclosure of all its
transactions involving public interest.