Constitutional Law 1

POLITICAL LAW VS CONSTITUTIONAL LAW

Political Law Constitutional Law

Deals with the organization and operation of the It is the study of the maintenance of the proper
Governmental organs of the State and defines the balance between authority as represented by the
relationship of the State with the inhabitant of its three inherent powers of the State and the liberty
territory. as guaranteed by the Bill of Right.

A study of the structure and powers of the

Government of the Republic of the Philippines.

Function is to effect equilibrium between

authority and liberty to avoid tyranny or anarchy.

Embraces Consti Law I and II, Administrative Deals with certain concepts of Pol Law: Nature of
Law, Law of Public Officers, Election Law, and the State, supremacy of the Constitution, and
Law on Municipal Corporations. separation of Powers.

SCOPES/ DIVISIONS OF POLITICAL LAW

1. Constitutional Law. The study of the maintenance of the proper balance between authority as
represented by the three inherent powers of the State and liberty as guaranteed by the Bill of
Rights [Cruz, Constitutional Law, 1993 ed., p. 1]
2. Administrative Law. That branch of public law which fixes the organization of government,
determines the competence of the administrative authorities who execute the law, and indicates
to the individual remedies for the violation of his rights. (FiDI)
3. Law on Municipal Corporations.
4. Law of Public Officers.
5. Election Laws.

BASIS OF THE STUDY

Why study: sovereignty reside from the people and all government authority emanates from them

Basis:

1. 1987 PH Constitution adopted on Feb 2, 198

2. Statutes, executive orders, and decrees, and judicial decision, and political events in which
the purposes of the law are applied.
3. Other organic laws made to apply to the Philippines, e.g., Philippine Bill of 1902, Jones Law
of 1916, and Tydings-McDuffie Law of 1934.
4. 1935 and 1973- working draft
5. Constitution of the US along with relevant rulings of the Supreme Court in connection of the
parts – important provisions are interpreted in the light of their understanding in the country
of origin.

BACKGROUND OF THE STUDY

Datu- leader

1521- Magellan came

June 12, 1898- Ph Independence- First Republic was established with Aguinaldo as President based on
Malolos Constitution

Malolos Constitution- first democratic constitution ever to be promulgated in the whole Asia. It
established a Parliamentary System ( executive and legislative is logged in one person) with a President
not a prime minister.

- Short-lived for the coming of the US

Treaty of Paris- provided the cession of the Philippine Islands by Spain to the US.

- Organic acts.

American Regime- first organized Military Government but consolidation of executive, legislative, and
judicial authority in the military governor provoked protests from American libertarians concerned over
the non-observance of the doctrine of separation of powers.

- Transition from military to civilian.

- Organic acts.

o Step 1- creation of Schurman Commission- “First Philippine Commission- to

make fact-finding survey of the PH Islands and submit appropriate
recommendations to the US Congress.
o Step 2- Taft Commission- “Second Philippine Commission” – took over some
power of the executive and judicial power of the military governor.
o Step 3- pursuant to the Spooner Amendment, civil government was
established in the PH Island with William Taft as the first governor
o Step 4- by virtue of Philippine Bill of 1902- Philippine Assembly was created
in 1907 to sit with the Philippine Commission in a bicameral legislature.
 Segio Osmena- successively elected as the Speaker of the PH Assembly
until its dissolution in 1916
o Step 5- Philippine Autonomy Act or the Jones Law- 1916- established a
Philippine Legislature consisting of a Senate ( Manuel Quezon) and a House
of Representatives ( Sergio Osmena)
 Continued until 1935
o Step 6- Tydings McDuffie Act- Authorized the establishment of the
Commonwealth of the PH-
 Toward this end, 1935 Consti was ratified. (Quezon- Pres, Osmena VP)
 promised independence to the Filipinos if they could prove their
capacity for democratic government during a ten-year transition period
by showing competence in the :
 Councils of peace
 Barricades of WWII
 And in the second RP under Laurel
o Step 7 – July 4, 1946- US formally withdrew its sovereignty over the PH. Roxas
proclaimed the Republic of the PH.

Constitutional Convention of 1971 started to deliberate the revision of the 1935 Constitution and
fashioning pf the Constitution of 1973.

September 21, 1972- Pres. Marcos issued Proclamation No. 1081 placing the entire Philippines under
Martial Law due to the intensification of the subversive movements by the Communist- oriented groups

November 30, 1972- a draft of the PH Constitution was formally approved by the Constitutional
Convention.

Jan. 10-18, 1973- was submitted to the Citizens Assemblies for ratification.
January 17, 1973- Pres Marcos issued Proclamation No. 1102 in which he announced that the PH
Constitution of 1973 had been ratified by the majority of people and become effective.

Ratification cases and Habeas Corpus Cases – dismissed

January 17, 1981- Pres Marcos issued Proclamation No. 2045 lifting martial law. He retained his
“standby legislative powers” under several decrees he promulgated- “National Security Code” and
“Public Order Act”

1985- to seek “fresh mandate” from people, Marcos submitted a questionable resignation effective on the
tenth day following the proclamation of the winners in the snap election to be called on the basis of the
resignation.

Feb 7, 1986- snap election- Marcos and his running mate Arturo Tolentino won.

Feb 22, 1986- Defense Minister Juan Ponce Enrile and Fidel Ramos began “ people power” that ousted
Pres Marcos and replaced by Corazon Aquino and Salvador Laurel, who were inducted on Feb 25, 1986.

Freedom Constitution- first act of Pres Corazon – to be enforced pending the new Constitution drafted
by the Constitutional Commission.

- Revolutionary Constitution
- submitted to the people at a plebiscite on Feb 2, 1987, and was ratified of 16, 605, 425 favor
and 4, 949, 901 against.
- May 11, 1988 -Elections for the revived Congress of the PH

May 11, 1992- general elections for President (Ramos) and VP (Estrada) of the Ph and 24 Senators.

1998- Estrada was elected President but was ousted after 2 years by a massive people power
demonstration at EDSA on January 20, 2001. VP Arroyo took oath on the same day.

Months after Arroyo’s assumption- Estrada was arrested for plunder---- protests----- declaration of
state of rebellion--- Estrada was convicted----- he was pardoned by Arroyo

- Oakwood Mutiny

2004- Arroyo won another term.

- Garci tapes, 3 impeachment complaints,

2006- Arroyo was challenged by the military ----- State of Emergency under the Proclamation No. 1017
– several people were arrested without warrant and one newspaper establishment was raided.

- She won a seat in the HOR in 2010

2010- Benigno Simeon Aquino Jr was elected

THE PHILIPPINE CONSTITUTION

Constitution- A body of rule and maxims in accordance with which the powers of sovereignty are
habitually exercised.

- A 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.
- Not a fountain of right and does not bring them into existence.
- Not an origin of private right; it is not the cause but the consequence of personal and political
freedom.
 - Written, conventional, and rigid

1935 Constitution- “Commonwealth Constitution “continued to be operative after the proclamation of

the Republic of the Philippines.

- Presidential with unicameral legislature.

1973 Constitution-enforced during the Marcos Regime following its dubious approval and ratification at
the time when the country was already under martial law.

1986- “Freedom Constitution’ result of people power upheaval that deposed Marcos. Effective pending
the adoption of the permanent Constitution aimed at correcting the shortcoming sof the previous
constitutions and eliminating al the iniquitous vestiges of the past regime.

- Proclamation No. 9- created a Constitutional Commission composed of 50 members appointed

by her and charge it to frame the new Constitution not later than September 2 1986. Online
Justice Cecilia Munoz Palma did not accept.
- The Consti commission was able to send the draft by October 15, 1986
- Three month instead of 60 days plebiscite- Held on Feb 2, 1987.. 76.29
- 76.29% ratified, 22.74% against.

1987 Constitution – fourth fundamental law to govern PH

- Adopted on Feb 2, 1987

Feature of the Constitution

- 18 articles, excessively long articles.

- Legislative, executive- restored from 1935, because of the revival of the bicameralism and
presidential system.
- Many Provisions in the 1973 Consti have been retained- Consti Commission, Local government].
- Judiciary- covers political questions
- Creation of Commission on Human Rights
- Bill of rights in the Commonwealth Commission and
- So long- some provisions should have been embodied only in the implementing statutes to be
enacted by the legislature
- Verbose and consequent prolixity that hampered popular interest
- Inclusion of sports, love, drugs, advertising,

Supremacy of the Constitution – 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.

- All must bow to the mandate of this law.

PURPOSES OF THE CONSTITUTION/FUNCTION OF THE CONSTITUTION

1. To serve as the supreme or fundamental law.

2. To prescribe the permanent framework of a system of government
3. To assign to the several departments their respective powers and duties
4. To establish certain first fixed principles on which government is founded.

CLASSIFICATION OF THE CONSTITUTION

1. Written or unwritten ( as to form)

 Written- precepts are embodied in a document or set of documents
 Unwritten- consist 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.
 2. Conventional or cumulative ( as to origin and history)
 Conventional Constitution- enacted constitution, formally struck off at the definite time
and place following a conscious and deliberate effort taken by a constituent body or ruler.
o Enacted by a Constitutional assembly.
 Cumulative Constitution- is a result of political evolution,’ not inaugurated at any
specific time but changing by accretion rather than by any systematic method.
o Product of growth or a long period of development originating in customs,
traditions, judicial decisions etc, rather than from deliberate enactment.
3. Rigid or Flexible (manner of amending them).
 Rigid- can be amended only by formal and usually difficult process.
 Flexible- can be changed by ordinary legislation.

PH CONSTITUTUTION- conventional, rigid, written

ESSENTIAL QUALITIES OF A WRITTEN CONSTITUTION

As to form

1. Broad- not only because it provides for the organization of the entire government and covers all
person and things within it territory but because it is supposed to embody the past, to reflect the
present and anticipate the future
2. Brief – and confine itself to basic principles to be implemented with the legislative details more
adjustable to change and easier to amend.
Rationale: it will be prolix and voluminous codification inaccessible to the understanding
or even only the interest of the people and unable to adapt readily hanging conditions
because of its difficulty of its amendment.
3. Definite- lest ambiguity in its provisions result in confusion and divisiveness among the people
and perhaps even physical conflict.

ESSENTIAL PARTS OF A WRITTEN CONSTITUTION ( Classification as to contents/ substantive

part)

1. Constitution of Liberty- series of prescription setting forth the fundamental civil and political
rights of the citizens and imposing limitations on the power of the government as a means of
securing the enjoyment of those rights.
o Art 3- Bill of Rights
o Art 2- Declaration of Principles and State Policies
o Art 4- citizenship
o Art 5- Suffrage
o Art 12- National Economy and Patrimony
2. Constitution of Government- series of provisions outlining the organization of the government,
enumerating its power, laying down certain rules relative to its administration and defining
electorate. OELD
o Art 6 – Legislative Department
o Art 11- Accountability of Public Officers
3. Constitution of Sovereignty- provision pointing out the mode or procedure in accordance with
which formal changes in the fundamental law may be brought about.
o Art 17- Amendments and Revision

INTERPRETATION

Purpose- to ascertain and give effect to the intent of the framers.

How to construe

1. the constitution must change with the changing times lest it impede the progress of the
people with antiquated rules grown ineffective in a modern age.
2. In case of doubt, the Constitution should be considered self-executing, mandatory,
prospective
 A self-executing provision is a rule that by itself is directly or indirectly applicable without
need of statutory implementation. A provision which is complete in itself and becomes
operative without the aid of supplementary or enabling legislation, or that which supplies a
sufficient rule by means of which the right it grants may be enjoyed or protected, is self-
executing

A non-self-executing provision is one that remains dormant unless it is activated by

legislative implementation.

- When- when the language used if ambiguous, doubtful, or obscure when taken into sets of facts
and when reasonable minds disagree as to the meaning of the language used in the Constitution/
statute.
- Should be read in accordance with the usual rules on interpretation and construction.
- should be interpreted in such a way as to give effect to the intendment of the framers.
- Intention is discoverable through the document itself or extrinsic aids
o Intrinsic – when one makes use of intrinsic aids of those found in the constitution.
o Construct- making use of extrinsic aid.
- Three CARDINAL RULES WHEN THE WORDINGS OF THE CONSTITUTION ARE SUBJECT TO
INTERPRETATION
1. Verba Legis, which means that whenever possible, the words used in the
Constitution must be given their ordinary meaning except where technical terms are
employed.
2. Ratio Legis Est Anima, which means that in case of ambiguity, the words of the
Constitution should be interpreted in accordance with the intent of its framers.
3. Ut M.
4. agis Valeat Quam Pereat, which means that the Constitution should be interpreted
as a whole, but if the plain meaning of the word is not found to be clear, resort to
other aids is available. (Francisco v. HRET, G.R. No. 160261, November 10, 2003)

THE PHILIPPINES AS A STATE

Sec.1: The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanate from them.

State- community of persons, more or less numerous, permanently occupying definite portion of territory,
independent of external control and possessing an organized government to which a great body of
inhabitant render their habitual obedience.

- Nation- relation of birth or origin and implies common race, usually characterized by a
community of language and culture.
- State: legal concept; nation: racial or ethnic
- Nation may comprise several states.
- State: principal; government: agent
- Montevideo Conventions ( laid the criteria of a State)
- Bangsamoro Juridical Entity --- associative relationship--( province of North Cotabato vs the
Government of the RP)

Elements of a State ( People, Territory, Government, Sovereignty)

1. People- inhabitants of State, self-sufficient to defend themselves and small enough to be easily
administered and sustained.
- May share common language, religion, customs, traditions
2. Territory- fixed portion of a surface of the earth inhabited by the people of State (Art 1 of the Ph.)
National Territory- Art 1
- Not be too big to be difficult to administer and not too small to be unable o provided for the needs
of the population.
- 2nd sentence of Art I- Archipelagic Doctrine – an entire archipelago is regarded as one integrated
unit rather than fragmented into so many islands.
- Territorial Sea- defined accdg to Jamaica Convention on the Law of the Sea
- UNCLOS- codified the sovereign right of the States parties oover their territorial sea but breath is
undetermined
- RA 3046- demarking the maritime baselines of the Philippines as an archipelagic State. Amended
by RA 5446.
- In 1984, Ph ratified UNCLOS III which prescribes the water-land ratio, length, and contour of
baselines of archipelagic State’s which lead to the enactment of RA 9522 amending RA 3046.
- b- shortened the baseline, optimized the location of some basepoints around PH archipelago and
classified adjacent territories, namely Kalayaan Group of Island and the "Scarborough Shoal as
“regimes of island”.
 Baseline- RA 9522
 Created 101 baseline points around the Philippines.
 R.A. 9522 is not unconstitutional: (1) it is a statutory tool to demarcate the
maritime zone and continental shelf of the Philippines under UNCLOS III and
does not alter the national territory. (2) While UNCLOS III does not bind the
Philippines to pass a baselines law, Congress may do so. (3) The law also does
not abandon the country's claim to Sabah, as it does not expressly repeal the
entirety of R.A. No. 5446. ( amended RA 3048)
 Straight baseline method — consists of drawing straight lines connecting
appropriate points on the coast without departing to any appreciable extent from
the general direction of the coast, in order to delineate the internal waters from
the territorial waters of an archipelago.
 Territorial Sea- 12nm- Right to innocent passage – 12nm
 Contiguous Zone- 24nm- state has the right to punish violations of customs, fiscal,
immigration or sanitary regulations. CFIS
 Exclusive Economic Zone- 200nm- State may exercise sovereign rights for exploration,
exploitation, conservation, and management of natural resources.
 Extended Continental Shelf- Portion of the continental shelf that lies beyond the 200
nautical mile limit. A coastal state may establish a continental shelf beyond the 200 nautical
miles from its coastline.
 PD 1599 s. 1978 - Establishing an Exclusive Economic Zone and for other
purposes.
 Establishment of artificial islands off-shore terminals, installations and
structures, the preservation of the marine environment, including the prevention
and control of pollution, and scientific research.
 Any person who shall violate any provision of this decree ( PD 1599) or of any
rule or regulation promulgated hereunder and approved by the President shall be
subject to a fine which shall not be less than two thousand pesos (P2,000.00) nor
be more than one hundred thousand pesos (100,000.00) or imprisonment
ranging from six (6) months to ten (10) years, or both such fine and
imprisonment
 High Seas- every state has the right to navigation, overflight, laying of cables and pipelines,
artificial islands and installations, fishing, marine scientific research.
o Open sea- international water not subject to the sovereignty of any State. Everyone
state has the equal right of use in them.
 Regime of Islands is pucta sunt servando observable or agreements must be kept
 Naturally formed area of land, surrounded by water, which is above water at
hightide. - Art 121 of UNCLOS 3
 It generates its own maritime zones.
 PD 1596- declaring certain area part of the Philippine territory and providing for
their government and administration – Kalayaan Island Group
 KIG- has Territorial Sea, Contiguous zone, and EEZ but Scarborough
Shoal ONLY has a Territorial Sea and Contiguous Zone
 Art 121 of UNCLOS 3- manifest the PH’s responsible observance of ts pacta sun
servanda obligation under UNCLOS 3
Sec 2 of RA 9522 PH exercise sovereignty and jurisdiction over KIG and Bajo de Masinloc
regime of islands.
 Territorial Sea
Contiguous Zone
Exclusive Economic Zone
Continental Shelf
12 nautical miles from
baselines
24 nautical miles from
baselines
200 nautical miles from
baselines
Submerged prolongation of
the land territory
Absolute Sovereignty
Enforcement of customs,
fiscal, immigration,
sanitation laws
Exploitation of living and
non-living resources
Sovereign rights of
exploration and exploitation
of living and non-living
resources of the seabed

Magallona v Ermita
Challenging the constitutionality of RA 9522
1. Reduces Ph maritime territory, violation of Art 1 of 1987, embodying the Treaty of Paris and
other ancilliary treaties.
2. Opens the country’s waters landward of the baselines to maritime passage/ innocent passage
by all vessels and aircrafts, undermining PH sovereignty and national security, contravening
country’s nuclear-free policy and damaging maritime resources.
3. KIG regime of Islands not only results in the loss of large maritime zone area but also
prejudices the livelihood of the subsistent fishermen.

SC

1. Re: reduction of Ph maritime zone

UNCLOS has nothing to do with the acquisition and loss of territory. It was the culmination
of decades’ long negotiations among UN members to codify norms regulating the conduct of
States in the world oceans and submarine areas recognizing coastal and archipelagic State’s
graduated authority over limited span of waters and submarine and along the coasts. Under
raditional International law, territory is acquired through occupation, accretion, cession, and
prescription not by executive multilateral treaties on the regulation of sea-use rights or
enacting statutes to comply to the treaties terms
2. Re: 2
Art 49 or UNCLOS III
1. Sovereignty of na archipelagic State extends to the waters enclosed by the archipelagic
baselines, described n archipelagic waters, regardless of the breadth and distance from
coast.
2. It extends to airspace over archipelagic waters as well as their bed and subsoil and
resources therein.
3. xxx
4. Regime of archipelagic sea lanes passage establish shall not affect the status of
archipelagic waters including sea lanes or exercise if sovereignty over such water and air
space.

Note: Branches of the PH may pass legislation designing routes within the archipelagic waters
to regulate innocent and sea lanes passage.

3. Re 3: KIG regime of islands If included in the archipelagic principle ( regime or island art 121
UNCLOS)
Ph would be violating Art 47: Drawing of baselines shall not depend to any appreciable extent
from general configuration of the archipelago.
47 (2) length of baselines shall not exceed 100 nm’ save 3 % to the total no. of baselines
which can reach up to 125 nm. KID and Scarborought SHaol departed to an appreciable
extent.

Regime of Islands is pucta sunt servando observable or agreements must be kept

- Naturally formed area of land, surrounded by water, which is above water at high tide. -
Art 121 of UNCLOS 3
 - Art 121 of UNCLOS 3- manifest the PH’s responsible observance of ts pacta sun servanda
obligation under UNCLOS 3
- Sec 2 of RA 9522 PH exercise sovereignty and jurisdiction over KIG and Bajo de Masnloc
regime of islands.

Sec. 2- RA 9522

- Regime of Islands under Ph consistent with Art 1 of the UNCLOS

1. Kalayan Islands Group- PD no 1596
2. Bajo de Masinloc, aka known as Scarborough Shoal

Re: Loss of Maritime are and prejudicing livelihood subsistence

- The demarcation enables PH to delimit its EEZ reserving solely to the PH the
exploitation of all living and nonliving resources within the zone. It binds the
interntional community.
- However there is still freedom of navigation over these.

Inclusions in the territory as of Article 1

1. Ceded to the us through Treaty of Paris – Dec 10, 1898

2. Defined in the treaty between US and Spain ( Nov 7, 1900) not defined in the Treaty of Paris
3. Treaty between US and Great Britain Jan 2, 1930 , the Turtle Island and MAngsee Islands
4. Batanes covered under 1935 Constitution
5. Belonging to the Ph by historic rights and legal title.

Definitions
o Subsoil – everything between the surface soil and the seabed including mineral resources
o Seabed- land that holds the sea, lying beyond the seashore, including mineral and natural
resources
o Insular shelves- submerged portion of the continent or other islands
o Other submarine areas- all areas under territorial sea ( seamount, trough, trench, basin,
deep, bank, and reef)
Treaty Limits

1. Treaty of Paris- December 10, 1898 – cession of the Philippine archipelago by Spain to US
2. Treaty of Washington- November 7, 1900- cession of outlying islands such as – Cagayan, Sulu
and Sibuto
3. Treaty with Great Britain- January 12, 1930 -delimiting the boundary of PH and North Borneo-
Turtle and Mangsee Island as PH territory

Archipelagic Doctrine

- an entire archipelago is regarded as one integrated unit rather than fragmented into so
many islands.

Regalian doctrine (Jura Regalia)

- Universal feudal theory that all lands were held from the Crown. All lands not otherwise
clearly appearing to be privately owned are presumed to belong to the State. (Cariño v.
Insular Government, 212 U.S. 449, Feb. 23, 1909)
- the task of administering and disposing lands of the public domain belongs to the
Director of Lands and, ultimately, the Secretary of Environment and Natural
Resources
- The classification of public lands is, thus, an exclusive prerogative of the Executive
Department through the Office of the President. Courts have no authority to do so.

Sec. 2, Art. XII. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils,
all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources
shall not be alienated

Imperium Dominium
government authority possessed by the State its capacity to own or acquire
which is appropriately embraced in sovereignty property.

The use of the term dominium is appropriate with

reference to lands held by the State in its
proprietary character. In such capacity, it may
provide for the exploitation and use of lands and
other natural resources,including their
disposition, except as limited by the Constitution.

State Owned: (PWEFFOM)

1. Lands of the Public domain

2. Waters
3. Minerals, coals, petroleum, and other mineral oils
4. All sources of potential Energy
5. Fisheries
6. Forests or timber
7. Wildlife
8. Flora and fauna
9. Other natural resources

GR: All natural resources cannot be alienated

XPN: Agricultural lands.

Native Title Refers to pre-conquest rights to lands and domains which, as far back as memory reaches,
have been held under a claim of private ownership by indigenous cultural communities and indigenous
people, have never been public lands and are thus indisputably presumed to have been held that way
since before the Spanish conquest. (IPRA, § 3(l)).

3. Government- The agency or instrumentality through which the will of the State is formulated,
expressed, and realized.
- mandate: promote the welfare of the people.
- Government of the PH- the corporate governmental entity through which the functions of
government are exercised throughout the PH including the various arms through which
political theory is authority is made effective in PH whether pertaining to the autonomous
regions, prov, city, brgy subdivisions or other form of Local government.
o Government-owned or controlled corporations engaged in proprietary function cannot be
considered part of the government.

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

 Runs the government

TWO-FOLD FUNCTION OF THE GOVERNEMNT

1. Constituent Functions- constitution the very bonds of the society and therefore compulsory.
(KFRDDAD)
 Compulsory functions which constitute the very bonds of society.
a. Keeping of order and providing for the protection of persons and property from violence
and robbery
b. Fixing of legal relations between husband and wife and between parents and children
 c. Regulation of the holding, transmission, and interchange of property, and determination
of its liabilities for debt or for crime.
d. Determination of contractual rights between individuals
e. Definition of justice in civil cases
f. Administration of political duties, privileges, and relations of citizens; and
g. Dealings of the State with foreign powers, the preservation of the State

2. Ministrant Function- undertaken to advance the general interest of the society such a
public work, pub charity, and regulation of trade and industry.
- Discretionary or optional functions intended to achieve a better life for the community.

DOCTRINE OF PARENS PATRIAE- Government acts as guardian of the rights of the people.

DE JURE vs DE FACTO GOVERNMENT_-CLASSIFICATION OF GOV’T

De Jure: has title no power

De facto: has power no title

1. De Jure- government establish by authority of legitimate sovereign.

- is one established by authority of the legitimate sovereign
- has rightful title but no power or control
- Legitimate; possessing all the legal requisites of government.
2. De Facto- government established in defiance of legitimate sovereign
- government of fact; exercise power or control bu without legal title
- Lacking one or more of the legal requisites of government.
- One established in defiance of the legitimate sovereign.
a. De facto Proper/Government by Revolution- Government that gets possession
usurps government and maintains itself against the will of the majority by force or by
Violence.
b. Government by paramount force/Government by Occupation - Government
established and maintained by military forces which invade or occupy a territory of
the enemy in the course of war.
c. Government by Secession - That which is established by the inhabitants of a
territory who rise in insurrection against the parent state

MANIFESTATION OF A DEMOCRATIC AND REUBLICAN STATE

Republican - a representative government, a government run by and for the people.

- It is not a pure democracy where people govern themselves directly.

- Purpose is the promotion of common welfare according to the will of the people./ rule of
majority
- Representation and Renovation- essence of republicanism
 Selection by the citizenry or a corps of public functionaries who derive their
mandate from the people anc act on their behalf, serving for a limited period only,
after which they will be replace or retained at the option of their principal.
 Sovereignty resides in the people and all government authority emanates from
them.

Democratic- the PH government embodies the feature of Initiative and referendum

Manifestation of Democracy

1. Existence of bill of rights

2. The observance of the rule of the majority.
3. The observance of the principle that ours is a government of laws, and not of men.
4. The presence of elections through popular will (Art. V.)
 5. The observance of the principle of separation of powers and the system of checks and
balances.
6. The observance of the principle that the legislature cannot pass irrepealable laws
7. The observance of the law on public officers (Ar t. XI. ); and
8. The observance of the principle that the State cannot be sued without its consent.

DOCTRINE OF SEPARATION OF POWERS

- The three branches must discharge their respective functions within the limits of authority
conferred by the Constitution. Neither branches may encroach on fields allocated to the
branches of the government. Each have cognizance of and is supreme in maters falling
within its own constitutionally allocated sphere.
- The principle of separation of powers ordains that each of the three great government
branches has exclusive cognizance of and is supreme in concerns falling within its own
constitutionally allocated sphere;
- Regarded as a characteristic of republican state.
- Major power of the government are distributed by the Constitution among the several
departments.
- Semi-parliamentary during the 1973 constitution- executive and legislative are vested with
the President.
- Revival of the Commission on Appointments as a check upon the appointing power and
the creation of JBC
- HRET and SET have been restored to act as sole judge of all contests relating to election,
returns, and qualification of the members of their respective Houses.

PURPOSE

- to prevent the 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 the republican
institutions.

Legislative- enactment of laws and may not enforce of apply them

Executive – enforcement of law and may not enact or apply them

Judiciary- application of laws and may not enact of enforce them .

 courts cannot limit the application or coverage of law nor can it impose
conditions not provided therein because to do so constitute judicial
legislation.

BLENDNG OF POWER

- appropriations law begins with the preparation by the President f the budget, which
becomes the basis of the bill adopted by the Congress ad submitted by it to the President
to who may approve it.
- Grant of amnesty by the President which required the concurrence of a majority of all the
members of the Congress.
- COMELED does not deputize alone law-enforcement agencies and instrumentalities of the
government for the purpose of ensuring free, orderly, honest, peaceful, and credible
elections but does so with the consent of the the President.

CHECK AND BALANCE

 - By virtue of which one department is allowed to resist encroachment upon its prerogatives
or to rectify mistakes or excesses committed by the other departments.

 Lawmaking power of the Congress is checked by the President through his veto.
 The Congress may refuse to give concurrence to an amnesty proclaimed by the
President
 Senate may not concur to a treaty the President concluded.
 Preside may nullity a conviction in a criminal case through this pardoning power
 Congress may limit the jurisdiction of the SC and that of inferior courts and even
abolish tribunal.
 The judiciary has the power to declare invalid an act done by the Congress, the
Presidents and his subordinates, or the Constitutional Commissions.
 Money can be released from the Treasury only by authority of Congress;
 Appropriation, revenue, tariff, increases in public debt and private bills originate
in House of Representatives;
 SC can declare acts of Congress or the Executive unconstitutional.

Doctrine of Implication

 SC can exercise the executive power of removal of judges of inferior courts

although they have been appointed by the president.
 Senate can authorize the President o exercise tariff powers and emergency powers.
 The power to punish contempt, although judicial, can unquestionably be exercise
by the legislatur, more so the power to conduct investigation in aid of legislation.

POLITICAL QUESTIONS vs JUSTICIABLE QUESTION

Political Question- A question of which a resolution has been vested by the Constitution exclusively in
the people, or in which full discretionary authority has been delegated to a co-equal branch of the
government (separation of powers) cannot be decided upon by the Courts.

- Question of policy
- Determination of what constitutes Disorderly behavior as a ground of suspension or
expulsion of a member of a Congress – concurred in by at least 2/3 of his colleagues.
- Matter od wisdom

Justiciable Question- which deals with matters re: the law and its interpretation, not left to the wisdom
of the people.
- Matter falls under the Discretion of another department of the people themselves.
- Disciplinary measure may nonetheless be disauthorized if it was supported by less than
the required vote/ procedural rule in interpretation.
- Matter of legality and validity.
I imply a given right legally demandable and enforceable, an act of commission violative of right, and a
remedy granted and sanctioned by law for said breach of right.
4. Sovereignty- supreme and uncontrollable power inherent in the State by which that State is governed.

- permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and

imprescriptible

2 types of sovereignty

1. Legal Sovereignty- authority which has the power to issue final commands.
- Equivalent to Congress
2. Political Sovereignty- the sum total of the influences of the State’s legal and non-legal, which
determines the course of law.
- Exercised indirectly through public officials
- Exercised directly through suffrage.

Another classification of Sovereignty

 1. Internal sovereignty – power of the State to control its domestic affairs.
2. External sovereignty- power of the Taste to direct its relations with other states, AKA
independence

Republican Government- democratic government by representatives chosen by the people at

large

- Indirect rules
- People establish government to govern themslevs
- Highest and lowest officialas are not masters. They can only exercise the power
delegated to them by the people who remain as the ultimate sources of power and
authority.

Democratic-

- Initiative
- Referendum

Manifestations of Democratic Republican

1. Bill of Rights
2. Rule of Majority
3. Government of Law and not of People
4. Elections through popular will
5. Principles of Separation of powers and check and balance
6. Legislature can’t pass irrepealable laws
7. Laws on public officers
8. State cannot be sued without its consent.

Right to revolt

1. If sufficiently provoked by oppression and abuse

2. Rules of law (violent and armed revolution)
3. Revolt against tyranny
4. Prudence?

Auto-Limitation

- It is to be admitted that any state may, by its consent, express or implied, submit to a
restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a
power plenary in character. That is the concept of sovereignty as auto-limitation, which, in
the succinct language of Jelinek, "is the property of a state-force due to which it has the
exclusive capacity of legal self-determination and self-restriction." A state then, if it
chooses to, may refrain from the exercise of what illimitable competence.
- The concept of sovereignty as auto- limitation is the property of State-force due to which it
has the exclusive capacity of legal self-determination and self- restriction.
- Note: Even though the country allows a foreign power to participate in the exercise of
jurisdictional right over certain portions of its territory, such areas do not become
impressed with alien character but rather, it retains its status as native soil. (Id) Limited
by
- International Law and Treaties – by its inherent nature, treaties really limit or restrict
the absoluteness of sovereignty. By their voluntary act, nations may surrender some
aspects of their state power in exchange for greater benefits granted benefits by or derived
from a convention or pact.

Jus Postlimium

Acts (executive, legislative, and judicial) done under the control of a de facto government, when they are
not of a political complexion remain good even upon the restoration of the legitimate government. [See Co
Kim Cham v. Valdez Tan Keh (November 16, 1945)]