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JUDGE GENER M. GITO, LL.M.

,
D.C.L.
 POLITICAL LAW

• Is that branch of public law which deals with


the organizations and operation of the
governmental organs of the State and defines
the relations of the State with the inhabitants
of its territory.
Administrative
Constitutional Constitutional
Law & Law on
Law I Law II
Public Officers

Local
Election Laws
Government
 It is the study of the organization,
structure and operation of the principal
branches of government. It also deals
with the nature of the State, supremacy
of the Constitution, the separation of
powers and the rule of majority.
 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.
 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.
 1987 Constitution
 1973 and 1935 Constitution
 Other organic laws made to apply to the
Philippines, e.g. Philippine Bill of 1902,
Jones Law of 1916, Tydings_Mcduffe
Law of 1934
 Statutes, E.O’s, decrees, judicial decision
 U.S. Constitution
 That written instrument enacted by
direct action of the people by which the
fundamental powers of the State is
established, limited and defined, and by
which those powers are distributed
among several departments for their
safe and useful exercise.
 Written or Unwritten

 Enacted (Conventional) or Evolved


(Cumulative)

 Rigid or Flexible
Broad

Brief

Definite
 Constitution of Liberty

 Constitution of Government

 Constitution of Sovereignty
 Verba Legis
 Ratio legis et anima
 Ut magis valeat quam pereat
 In case of doubt, the provision should be
considered self-executing, mandatory
rather directory, prospective rather than
retroactive.
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 their habitual
obedience.
People

Territory

Government

Sovereignty
 While there is no legal requirement as to
their number, it is generally agreed that
they must be numerous enough to be
self-sufficing and to defend themselves
and small enough to be easily
administered.
Article I
The national territory comprises the
Philippine archipelago, with all the islands and
waters embraced therein, and all other territories
over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. 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.
Cagayan, Sulu and
Those ceded to Turtle and
Sibuto by virtue of
U.S. by virtue of Manganese Island
Treaty concluded
the Treaty of Paris by virtue of the
by Spain and U.S.
of December 10, Treaty between
on November 7,
1898 U.S. and G.B.
1900

Belonging to the
Island of Batanes
Philippines by
by virtue of 1935
historic and legal
Constitution
title
 The archipelagic doctrine emphasizes the unity
of island and waters by defining an archipelago
either as a group of islands surrounded by water
or body of waters studded with islands. For this
purpose, it requires that baselines be drawn by
connecting the appropriate points of the
outermost islands to encircle the islands with
the archipelago. The waters on the landward
side of the baselines regardless of breadth or
dimension are considered internal waters.
 Yes,the archipelagic doctrine is reflected
in the 1987 Constitution. Article I
provides that “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.”
FALSE. Under Article I of the Constitution,
the waters around, between and connecting the
islands of the archipelago form part of the
internal waters. Under Article 49 (1) of the
UNCLOS, these waters do not form part of the
territorial sea but are considered as
archipelagic waters.
 Imaginary straight lines are drawn
joining the outermost points of the
outermost islands of the archipelago,
provided the drawing of baseline shall
not depart, to any appreciable extent,
from the natural configuration of the
archipelago
 Petitioners submit that RA 9522
"dismembers a large portion of the
national territory" 21 because it discards
the pre-UNCLOS III demarcation of
Philippine territory under the Treaty of
Paris and related treaties, successively
encoded in the definition of national
territory under the 1935, 1973 and 1987
Constitutions.
 UNCLOS III has nothing to do with the acquisition (or
loss) of territory. It is a multilateral treaty regulating,
among others, sea-use rights over maritime zones (i.e.,
the territorial waters [12 nautical miles from the
baselines], contiguous zone [24 nautical miles from the
baselines], exclusive economic zone [200 nautical miles
from the baselines]), and continental shelves that
UNCLOS III delimits. 23 UNCLOS III was the
culmination of decades-long negotiations among United
Nations members to codify norms regulating the conduct
of States in the world's oceans and submarine areas,
recognizing coastal and archipelagic States' graduated
authority over a limited span of waters and submarine
lands along their coasts.
 Baselines laws such as RA 9522 are
enacted by UNCLOS III States parties to
mark-out specific basepoints along their
coasts from which baselines are drawn,
either straight or contoured, to serve as
geographic starting points to measure the
breadth of the maritime zones and
continental shelf.
 Baseline laws are mere mechanisms for
the UNCLOS III to precisely describe
the delimitations. It serves as a notice to
the international family of states and it
is in no way affecting or producing any
effect like enlargement or diminution of
territories.
 Petitioners next submit that RA 9522's use of
UNCLOS III's regime of islands framework to draw
the baselines, and to measure the breadth of the
applicable maritime zones of the KIG, "weakens our
territorial claim" over that area.
 Further, petitioners' argument that the KIG now
lies outside Philippine territory because the
baselines that RA 9522 draws do not enclose the
KIG is negated by RA 9522 itself. Section 2 of the
law commits to text the Philippines' continued claim
of sovereignty and jurisdiction over the KIG and the
Scarborough Shoal
 Had Congress in RA 9522 enclosed the KIG and the
Scarborough Shoal as part of the Philippine
archipelago, adverse legal effects would have
ensued. The Philippines would have committed a
breach of two provisions of UNCLOS III. First,
Article 47 (3) of UNCLOS III requires that "[t]he
drawing of such baselines shall not depart to any
appreciable extent from the general configuration of
the archipelago." Second, Article 47 (2) of UNCLOS
III requires that "the length of the baselines shall
not exceed 100 nautical miles," save for three per
cent (3%) of the total number of baselines which can
reach up to 125 nautical miles.
 Although the Philippines has consistently claimed
sovereignty over the KIG 32 and the Scarborough
Shoal for several decades, these outlying areas are
located at an appreciable distance from the nearest
shoreline of the Philippine archipelago, 33 such that
any straight baseline loped around them from the
nearest basepoint will inevitably "depart to an
appreciable extent from the general
configuration of the archipelago."
 Differentiate archipelagic waters,
territorial sea and internal waters.
 According to UNCLOS, Archipelagic
waters refers to areas enclosed as
internal waters by using the baseline
method which had not been
previously considered as internal
waters. (See Article 53 of UNCLOS)
 Territorial
sea is an adjacent belt of sea
with a breadth of 12 nautical miles
measured from the baselines of a state
and over which the state has
sovereignty. (Article 2, 3 of UNCLOS)
 Internal waters refer to “all waters
landwards from the baseline of the
territory.” It is from which the breadth of
territorial sea is calculated. (Brownlie,
Principles of PIL) No right of innocent
passage for foreign vessels exist in the
case of internal waters. (Harris, Cases
and Material on International Law, 5th
ed., 1998, p.407)
 Distinguish briefly but clearly
between the contiguous zone and
the exclusive economic zone.
 Contiguous zone is a zone contiguous to the
territorial sea and extends up to twelve
nautical miles from the territorial sea and
over which the coastal state may exercise
control necessary to prevent infringement
of its customs, fiscal, immigration or
sanitary laws and regulations within its
territory or territorial sea. (Article 33 of
the Convention on the Law of the Sea.)
 The EEZ extends 200 nautical miles
from the baseline. The EEZ is
recognized in the UN Convention on
the Law of the Sea. Although it is not
part of the national territory, exclusive
economic benefit is reserved for the
country within the zone.
 Theagency or instrumentality through
which the will of the State is formulated,
expressed and realized.
 Refers to the corporate governmental entity
through which the functions of government are
exercised throughout the Philippines,
including, save as the contrary appears from
the context, the various arms through which
political authority is made effective in the
Philippines, whether pertaining to the
autonomous regions, the provincial, city,
municipal or barangay subdivisions or other
forms of local government.
CONSTITUENT MINISTRANT

 Those which are  Those intended to promote


mandatory for the the welfare, progress and
government to perform prosperity of the people,
because they constitute and which are merely
the very bonds of society, optional for the
such as maintenance of government to perform.
peace and order,
regulation of property and
property rights, the
administration of justice.
In PVTA vs. CIR, the Court noted that the
distinction between the two functions had become
blurred because of the repudiation of laissez faire
policy in the Constitution. Thus, it is now
obligatory on the State to promote social justice,
provide adequate social services, afford protection
to labour, promote and implement urban and
agrarian reform, etc.
 Literally,parent of the people. As such,
the government may act as guardian of
the rights of the people which may be
disadvantaged or suffering from some
disability or misfortune.
 Government of Phil. Islands vs. Monte
De Piedad

 Cabanas vs. Pilapil


DE JURE DE FACTO

 It has rightful title but  It is a government of


no power of control, fact, that is, it actually
either because it has exercises power or
been withdrawn from control without legal
it or because it has not title.
yet actually entered
into the exercise
thereof.
The government That That which is
that gets established as maintained by
possession and an independent military forces
control of, or government by who invade and
usurps, by force occupy a territory
or by the voice of
the inhabitants of the enemy in
majority, the of a country the course of war,
rightful legal who rise in and which is
government and insurrection dominated by
maintains itself against the government of
against the will parent state. paramount force.
of the latter.
 The Aquino government in 1986 is a de jure
government according to Lawyers League vs.
Aquino.: “the people have made the judgment;
they have accepted the government of
President Corazon C. Aquino which is in
effective control of the entire country so that it
is not merely a de facto government but in fact
and in law a de jure government. Moreover,
the community of nations has recognized the
legitimacy of the present government.”
 The supreme and uncontrollable power
inherent in a State by which the State is
governed
 Legal, which is the  Internal, or the
power to issue final supreme power over
commands; or everything within
Political, which is its territory or
the sum total of all External, which is
the influences the freedom from
which lie behind external control.
the law
 Permanence
 Exclusiveness
 Comprehensiveness
 Absoluteness
 Indivisibility
 Inalienability
 Imprescriptibility
 There is no change in sovereignty.
 Political laws, except the laws in
treason, are suspended. Municipals laws
remain in force unless changed by the
belligerent occupant. At the end of the
belligerent occupation, the political laws
which had been suspended shall
automatically become effective again
under the doctrine of jus posliminium.
 The political laws of the former
sovereign is not only suspended but
abrogated. As they regulate the relations
between the ruler and the ruled, these
laws fall to the ground ipso fact, unless
they are retained or re-enacted by
positive act of the new sovereign.
 But, municipal laws remain in force.
“The State may not be sued without its
consent.”

Article XVI, Section 3


 Immunity is enjoyed by other States in
accordance with the international law
principle “par in parem non habet
imperium.”
 State diplomatic agents
 Foreign agent, as long as it can be
established that he is acting within the
directives of the sending State
 United Nations, as well as its organs and
specialized agencies
 International organizations or agencies
 It is important to determine if the State is
the real party in interest, that the claim if
proved will be the direct liability of the
State and not merely the officer
impleaded.
 The test is whether, assuming the
decision is rendered against the public
officer impleaded, the enforcement thereof
will require an affirmative act of the
State.
 Garcia vs. Chief of Staff, 16 SCRA 120
 Sanders vs. Veridiano, 162 SCRA 88
 Festejo vs. Fernando, 50 OG 1556
 US vs. Guinto, 182 SCRA 644
 The Holy See vs. Rosario, 238 SCRA 524
 To compel him to do an act required by law
 To restrain him from performing an illegal act
 To compel payment of damages from an already
appropriated assurance fund or to refund tax
over payments
 To secure judgment that the officer may satisfy
himself without the state having to a positive
act.
 Where the government itself violated a law
because the State cannot be an instrument of
injustice.
 The State may be sued with its consent.
 There are forms of consent:
•Express
•Implied May be manifested
either by general or
special law

When it commences
litigation or enters
into a contract
 Lawsgiving consent to be sued
•Act no. 3088
•C.A. No. 327 as amended by P.D.
No. 1445
•Charters of municipal corporations
 When the state commences litigation
 When the state enters into business
contract. BUT:
But when the State
enters into a contract, it
Where the contract is not automatic that it
is in pursuit of a already waives its
sovereign activity, immunity. It must be
there is no waiver distinguished in what
of immunity, and capacity the government
no implied consent is entering into contract.
may be derived Is it jus imperii or jus
therefrom . gestationis
 Republic vs. Purisima, 78 SCRA 470
 Amicable vs. Cuenca, 43 SCRA 360
 Ministerio vs. City of Cebu, 40 SCRA 464
 Santiago vs. Republic, 87 SCRA 294
 Froilan vs. Pan Oriental Ship. Co., G.R. No.
L-6060, Sept. 30, 1950
 Lim vs. Brownell, 107 SCRA 345
 Republic vs. Sandiganbayan, 182 SCRA 911
 Lyons vs. US, 104 Phil. 593
 U.S. vs. Ruiz, 136 SCRA 487
 Determination must be made whether
an agency is:
•incorporated
•unincorporated Suability is found
in the charter

If unincorporated, inquire into


the principal function of the
agency. If governmental, no
waiver. If proprietary, there is
waiver
 Consent to be sued does not include
consent to the execution of judgment
against it. But the funds belonging to
government owned and
controlled corporation are
not exempt from
garnishment.

 However, the funds of LGU may not be


garnished. It requires appropriation
through ordinance. But, mandamus may
lie.
It is a statement of the basic ideological principles
and policies that underlie the Constitution. As
such, the provisions shed light on the meaning of
the other provisions of the Constitution and they
are guide for all departments of the government in
the implementation of the Constitution.
 Representative government
 Functionaries are accountable to the
people
 Rule of majority
 Government of laws not of men
 Bill of rights
 Legislature cannot pass an irrepealable
laws
 Separation of powers
What do you understand by the “doctrine
of incorporation” in Constitutional Law?
Article II, Section 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 amity with all nations.
 The right of an alien to bail while waiting for
deportation (Meoff vs. Director of Prisons)
 The right of a country to establish military
commission to try war crimes (Kuroda vs.
Jalandoni)
 Vienna Convention on road signs and signals
(Agustin vs. Edu)
 The duty to protect embassies and legation
What constitutional provisions
institutionalizes the principle of
civilian supremacy?
 Article II, Section 3, which makes
civilian authority supreme at all time
over the military.
 Article VII, Section 18, which
makes the President the commander-
in-chief of the Armed forces of the
Philippines
 Article II, Section 3 of the 1987
Constitution expresses, in part, that the
“Armed forces is the protector of the
people and of the State.” Described
briefly what this provision means? Is the
Philippine National covered by the
mandate?
 Article II, section 3 of the 1987 Constitution
mandates the AFP to serve not only the
interest of the President, but also the interest
of the people. This provision likewise prohibits
the AFO from committing abuses against the
people.
 The provision is specifically addressed to the
Armed Forces of the Philippines and not to the
PNP, because the latter is different from and
independent of the former.
True or False: A law that makes
military service for women merely
voluntary is constitutional.
 False. In defense of the state, all citizens
may be required by law to render
personal, military or civil service. The
duty is imposed on all citizens.
 Article II, Section 4
According to Article II, Section 7, the
government must maintain an independent
foreign policy, give paramount consideration to
national sovereignty, territorial integrity,
national interest and the right to self
determination
 In Basco v. PAGCOR, the SC declared that Sections 11,
12, and 13 of Article II; Section 13 of Article XIII;
and Section 2 of Article XIV of the 1987 Constitution
are not self-executing provisions. In Tolentino v.
Secretary of Finance, the SC referred to Section 1 of
Article XIII and Section 2 of Article XIV of the
Constitution as moral incentives to legislation, not as
judicially enforceable rights. These provisions, which
merely lay down a general principle, are distinguished
from other constitutional provisions as non self-executing
and, therefore, cannot give rise to a cause of action in the
courts; they do not embody judicially enforceable
constitutional rights.
 ArticleII, Section 10. The State shall
promote social justice in all phases of
national development.
 ArticleII, Section 11. The State values
the dignity of every human person and
guarantees full respect for human rights.
 Article II, Section 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 the development of moral
character shall receive the support of the
Government.
 Article II, Section 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
inculcate in the youth patriotism and
nationalism, and encourage their
involvement in public and civic affairs.
 Article II, Section 14. The State
recognizes the role of women in nation-
building, and shall ensure the
fundamental equality before the law of
women and men.
 Article II, Section 15. The State shall
protect and promote the right to health
of the people and instill health
consciousness among them.
 ArticleII, Section 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.
 Article II, Section 17. The State shall
give priority to education, science and
technology, arts, culture, and sports to
foster patriotism and nationalism,
accelerate social progress, and promote
total human liberation and development.
 Article II, Section 18. The State
affirms labour as a primary social
economic force. It shall protect the rights
of workers and promote their welfare.
 Article II, Section 19. The State shall
develop a self-reliant and independent
national economy effectively controlled
by Filipinos.
 Article II, Section 20. The State
recognizes the indispensable role of the
private sector, encourages private
enterprise, and provides incentives to
needed investments.
 ArticleII, Section 21. The State shall
promote comprehensive rural
development and agrarian reform.
 Article II, Section 22. The State
recognizes and promotes the rights of
indigenous cultural communities within
the framework of national unity and
development.
 Article II, Section 23. The State shall
encourage non-governmental,
community-based, or sectoral
organizations that promote the welfare
of the nation.
 Article II, Section 24. The State
recognizes the vital role of
communication and information in
nation-building.
 Article
II, Section 25. The State shall
ensure the autonomy of local
governments.
 ArticleII, Section 26. The State shall
guarantee equal access to opportunities
for public service and prohibit political
dynasties as may be defined by law.
 Article II, Section 27. The State shall
maintain honesty and integrity in the
public service and take positive and
effective measures against graft and
corruption.
 Article II, Section 28. Subject to
reasonable conditions prescribed by law,
the State adopts and implements a policy of
full public disclosure of all its transactions
involving public interest.
 Does the 1987 Constitution provide for a
policy of transparency in matters of
public interest?
 State least three constitutional
provisions reflecting the State policy on
transparency in matters of public
interest.
 Article II, Section 28. Subject to reasonable
conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its
transactions involving public interest.
 Article III, Section 7. The right of the people to
information on matters of public concern shall be
recognized. Access to official records, and to
documents and papers pertaining to official acts,
transactions, or decisions, as well as to government
research data used as basis for policy development,
shall be afforded the citizen, subject to such
limitations as may be provided by law.
 ArticleVI, Section 20. The records and
books of accounts of the Congress shall
be preserved and be open to the public in
accordance with law, and such books
shall be audited by the Commission on
Audit which shall publish annually an
itemized list of amounts paid to and
expenses for each Member.
 Article VI, Section 17. A public officer or
employee shall, upon assumption of office and as
often thereafter as may be required by law,
submit a declaration under oath of his assets,
liabilities, and net worth. In the case of the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other
constitutional offices, and officers of the armed
forces with general or flag rank, the declaration
shall be disclosed to the public in the manner
provided by law.
 Article XII, Section 21. Foreign loans
may only be incurred in accordance with
law and the regulation of the monetary
authority. Information on foreign loans
obtained or guaranteed by the Government
shall be made available to the public.
 Purpose
 Blending of Power
 Checks and Balances
 The Role of Judiciary
 Justiciable and Political Questions
 Political Questions under the 1987
Constitution
 To prevent the concentration of powers
in one person or group of persons that
might lead to an irreversible error and
abuse in its exercise to the detriment of
republican institutions.
 “To secure action, to forestall over-
action, to prevent despotism and obtain
efficiency.”
 Instanceswhere powers are not confined
to exclusively with one department but
are assigned to or shared by several
departments or organs of the
government.
 Thisallows one department to resist
encroachments upon its prerogatives or
to rectify mistakes or excessiveness
committed by other departments or
organs of the government.
 Article VIII, Section 1.

 Judicialpower includes the duty of the courts


of justice to settle actual controversies
involving rights which are legally demandable
and enforceable, and to determine whether or
not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of
the Government.
 Thegrant of express powers carries with
it all other powers that may be
reasonably inferred from it.
 Justiciable Question – “a purely
justiciable questions implies a given
right, legally demandable and
enforceable, and a remedy sanctioned by
law for said breach of right.
 PoliticalQuestion – In ordinary parlance,
it connotes a question of policy not legality
of the measure. It refers to those question
which, under the Constitution, are to be
decided by the people in their sovereign
capacity, or in regard to which, full
discretionary authority has been delegated
to the legislative and executive branch of
the government.
 “Potestas delegata non delegare potest”

 Based on the ethical principle that the


delegated power constitute not only a right
but a duty to performed by the delegate
through the instrumentality of its own
judgment and not through the intervening
mind of another.
 Section 32 of R.A 4670 (Magna Carta for Public
School Teachers) reads:
• “A person who shall wilfully interfere with, restrain or
coerce any teacher in the exercise of his rights
guaranteed by this Act or who shall in any other
manner commit any act to defeat any of the provisions
of this Act shall, upon conviction, be punished by a
fine of not less than one hundred pesos nor more than
one thousand pesos, or imprisonment, in the discretion
of the court.”
 Is the proviso granting the court the authority to
impose a penalty of imprisonment constitutional?
Tariff Powers Emergency
Delegation to
to the Powers to the
the People
President President

Delegation to Delegation to
Local Administrative
Governments Bodies
 Article VI, 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.
 What are the limitations/restrictions
provided by the Constitution on the
power of Congress to authorize the
President to fix tariff rates, import and
export quotas, tonnage and wharfage
dues. Explain.
 Article VI, 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 the
next adjournment thereof.

 There must be war and other national
emergency
 The delegation must be for a limited
period
 The delegation must be subject to such
restriction the Congress may prescribed
 The emergency powers must be
exercised to carry out a national policy
declared by Congress
 May the President declare “state
emergency” without Congress’
authorization?
 What is the constitutional basis of the
power to declare “state of emergency.”
 Does the declaration of the “state of
emergency” by the President carries with
it the power to exercise emergency
power?
In times of war or In times of national
Military

Art. VII, Sec. 18

Art. XII, Sec. 17


other national emergency, when the
emergency, the public interest so
Congress may, by law, powers of requires, the State
Art. VI, Sec. 23(2)

authorize the may, during the


President, for a
limited period and
the emergency and
under reasonable
terms prescribed by
subject to such
restrictions as it may president it, temporarily take
over or direct the
prescribe, to exercise operation of any
powers necessary and privately-owned
proper to carry out a public utility or
declared national business affected
policy. Unless sooner with public interest.
withdrawn by
resolution of the
Congress, such powers
shall cease upon the
next adjournment
thereof. David vs. Arroyo
 Article VI, Section 1.

 The legislative power shall be vested in


the Congress of the Philippines which
shall consist of a Senate and a House of
Representatives, except to the extent
reserved to the people by the provision
on initiative and referendum.
 Article VI, Section 32.
 The Congress shall, as early as possible, provide for
a system of initiative and referendum, and the
exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject
any act or law or part thereof passed by the
Congress or local legislative body after the
registration of a petition therefor signed by at least
ten per centum of the total number of registered
voters, of which every legislative district must be
represented by at least three per centum of the
registered voters thereof.
 Article X, Section 10.

 No province, city, municipality, or barangay


may be created, divided, merged, abolished, or
its boundary substantially altered, except in
accordance with the criteria established in the
local government code and subject to approval
by a majority of the votes cast in a plebiscite in
the political units directly affected.
 Article XVII, Section 4
• Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety
days after the approval of such amendment or revision.
• Any amendment under Section 2 hereof shall be valid
when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the
petition.
 Republic Act No. 6735
 Article X, Section 2
• The territorial and political subdivisions shall
enjoy local autonomy.
 Article X, Section 5
• Each local government unit shall have the
power to create its own sources of revenues and
to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may
provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall
accrue exclusively to the local governments.
“The power of subordinate
legislation”
 Completeness test: The law must be
complete when it leaves the legislature
so that there is nothing more left for the
delegate to do but to enforce it.
 Sufficient standard test: It means
that the limits to which the delegate
must conform in the performance of his
functions are determinate or
determinable.
 U.S. vs. Ang Tang Ho, 43 Phil. 1
 Pelaez vs. Auditor General, 15 SCRA 569
 Ynot vs. IAC, 148 SCRA 659
 People vs. Vera, supra
 Tatad vs. Secretary of Energy, G.R.
124360,
 De la Llana vs. Alba, 112 SCRA 294
 Chiongbian vs. Orbos, 245 SCRA 253