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Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 1

I. GENERAL PRINCIPLES

1. Political Lawa. Definition:

i. In the case of People VS Perfecto, the courtdefined political law as the branch of public law,which deals with the organization and operationsof the governmental organs of the State and defines the relations of the State with theinhabitants of its territory.

ii. In Macariola VS Asuncion where certainprovisions of the Spanish Code of Commercewere deemed to be abrogated because theypartake the nature of a political law because it regulates the relationship between thegovernment and certain public officers and employees, like judges.

2. Constitutional Law:

i. Branch of public law that treats of constitution,their nature, formation, amendment, andinterpretation.

ii. It refers to the law embodied in the constitutionand the principles growing out of theinterpretation and application made by thecourts.

iii. C.J. Hughes defines constitutional law as what the judges say it is.

1. It is a body of rules resulting from theinterpretation by a high court of a written

constitutional instrument in the course of disposing of cases in which the validity, inrelation to the constitutional instrument, of some act of governmental power hasbeen challenged

a. Scope:

i. Constitutional Law, Administrative Law, Law of Public Officers, ElectionLaw, Law on MunicipalCorporations, ElectionsLaw.

b. Necessity of the study of Political Law:i. Every citizen, regardless of calling, should

understand the mechanics and motivations of his government. Why? Because sovereignty resides in the people and all government authority emanates from them.

ii. The success of the Republic of the Philippineswill depend upon the active involvement of everyFilipinos in public affairs.

c. Basis:i. The 1987 Constitution of the Philippinesii. Pertinent statutes

iii. Executive Orders and decreesiv. Juridical decisionsv. Current Political events in which the purposes of

the law are appliedvi. The 1935 and 1973 constitutions which served

as the working drafts of the present constitutionvii. Constitution of the United and the ruling of its

Supreme Court1. Some parts of the Constitution of the

Philippines was taken or in the words of J. Cruz “Imported” from the United States

Constitution (E.g. Bill of rights).a. Imported provisions should be

interpreted in the light of their understanding in the country of origin.

viii. Organic laws which are made to apply in thePhilippines




1. Philippine Bill of 19022. Jone Law of 19163. Tydings-McDuffie Law of 1934

II. THE PHILIPPINE CONSTITUTION

3. Constitution:a. Definition:

i. J. Miller defines constitution as a writteninstrument by which the fundamental powers of government are established, limited, and defined, and by which these powers aredistributed among several departments, for their more safe and useful exercise for the benefit of the body politic.

ii. It is 1. The written instrument agreed upon by the people 2. As the absolute rule of action and decision for all departments and officers of the

government 3. In opposition to which any act or rule of any department or officer of thegovernment, or even the people themselves, will be altogether void.

1. It is THE SUPREME LAW OF THE LAND.

b. Constitution VS StatuteConstitution Statute

Legislation is direct from thepeople

Legislation from thepeople‟s representative

States general principle Provides the details of the

subject matter of which ittreats

Intended not merely to meetexisting conditions

Intended primarily to meetexisting conditions only

It is the fundamental law of the state

It conforms to theconstitution

c. Nature and Purpose

i. Serves as the supreme or fundamental law1. It speaks for the entire people from whom

it derives its claim to obedience2. It is the law to which all other laws must

conform and in accordance with which allprivate rights must be determined allpublic authority administered.

3. Test of legality of all governmentalactions, whether proceeding from thehighest official or lowest functionary.

ii. Establishes basic framework and underlyingprinciples of government

1. Grant and limits governmental authority2. Prescribe the permanent framework of

the system of government and to assignto the different departments or branches,their respective powers and duties, and toestablish certain basic principles on which

the government is founded.3. Set limits on the otherwise unlimitedpower of the legislature.

d. Classes of Constitutions: As to their origin and history

Conventional or enacted Cumulative or evolved

Formally struck off at adefinite time and placefollowing a conscious or deliberate effort taken by aconstituent body or ruler

Result of political evolution,not inaugurated at anyspecific time but changing byaccretion rather than by anysystematic method

As to their formWritten Unwritten

One whose precepts areembodied in one document or set of documents

Consists of rules which havenot been integrated into asingle, concrete form but arescattered

As to the manner of amending them




Rigid or inelastic Flexible or elastic

One which cannot beamended or altered except bysome machinery morecumbrous than the ordinarylegislative process

One which possesses nohigher legal authority thanordinary laws and which maybe altered in the same way asother laws

i. The Philippine Constitution may be classified asa Conventional, Written, and Rigid constitution.It was drafted by an appointive body called“Constitutional Commission”.

ii. Advantage of a conventional, rigid, and writtenconstitution:

1. Permanence: It can resist capriciouschange dictated not by legitimate needsbut only by passing fancies, temporarypassions or occasional infatuations of thepeople with ideas or personalities.

a. Permanence of the constitution

also has disadvantages:i. It is unable to adjust to the

genuine need for changebrought about by newconditions andcircumstances.

ii. The difficulty in amendingDELAYS in effecting theneeded change and thuscause irreparable injury tothe public interest.

iii. The written constitution thusbecome an impedimentrather than a spur toprogress.

e. Requisites of a Good Written Constitutioni. As to form, a good written constitution should

be:

1. Brief:a. If a constitution is too detailed, it

would lose the advantage of afundamental law which in a fewprovisions outlines the structure of the government of the whole stateand the rights of the citizens.

2. Broad:a. Statement regarding 1. The

powers and functions of government, and 2. The relationsbetween the governing body andthe governed requires that it be ascomprehensible as possible.

3. Definite:a. Any vagueness which may lead to

opposing interpretations of essential features may cause

incalculable harm.f. Essential Parts of a Constitutioni. Constitution of Liberty:

1. Sets forth the fundamental civil andpolitical rights of the citizens and imposeslimitations on the powers of thegovernment as a means of securing theenjoyment of those rights (E.g. bill of rights)

ii. Constitution of Government:1. Outlines the organization of the

government, enumerates its powers, laysdown certain rules relative to itsadministration and defines the electorate(E.g. Articles VI, VII, VIII, IX- LegislativeDept., Executive Dept., Judicial Dept.,and Constitutional Commissionsrespectively)




iii. Constitution of Sovereignty:1. Provisions pointing out the mode or

procedure in accordance with whichformal changes in the fundamental lawmay be brought about (E.g. Article XVII-

Amendments and Revisions)4. Constitution of Sovereignty: Amendment or Revision of

the Constitution (Article XVII PC)a. Definition of amendment and revision: The case of

Lambino VS COMELEC 1 distinguished the concepts of amendments and revisions:

Amendments RevisionsBroadly refers to a changethat adds, reduces, or deletes without altering thebasic principle involved.

Broadly implies a changethat alters a basicprinciple in theconstitution, like alteringthe principle of separationof powers or the system of

checks-and-balances.

Envisages a change of SPECIFIC PROVISIONSONLY.

There is a revision if thechange alters thesubstantial provisions of the constitution.

Generally affects only thespecific provision beingamended.

Generally affects theseveral provisions of theconstitution.

1 Facts: Petitioners Lambino, et. al. commenced gathering signatures for an initiativepetition to change the 1987 constitution. Lambino‟s group filed a petition with the COMELECto hold a plebiscite that will ratify their initiative petition through RA 6735. They further aver that their petition complies with the constitutional requirements laid down in Sec. 2 ArticleXVII of the constitution, as they have 6 million individuals supporting the foregoing petition.In summary, the proposed changes of the Lambino Group intends to change the form of government from a bicameral-presidential form of government to unicameral-parliamentaryform of government.Issue: Does the proposed changes made by the Lambino group constitutes a revision or aamendments.

People’s initiative may propose amendments(actually it’s the only thing they can propose) to theconstitution.

May involve a rewriting of the whole constitution.

Only congress and theconstitutional conventioncan make revisions to theconstitution.

i. Two-Part Test: In California, where the initiativeclause allowed amendments BUT NOT revisionsto the constitutions just like in our constitution,courts have developed a TWO-PART TEST:

Quantitative Test Qualitative TestTests asks whether theproposed change is “so

extensive in its provisionsas to change directly the„substantial entirety‟ of theconstitution by thedeletion or alteration of numerous existingprovisions.

Inquires into the qualitativeeffects of the proposed

change in the constitution.

Court examines only thenumber of provisionsaffected and does notconsider the degree of

change.

Main inquiry is whether thechange will accomplishsuch for reaching changesin the nature of our basic

governmental plans as toamount to a revision.

1. The two-part test applied in the case of Lambino VS COMELEC:

a. Under both the quantitative andqualitative tests, the petition of




Lambino is a REVISION and notmerely an amendment.

i. Quantitatively: Lambino‟sgroup proposed changesoverhauls two articles viz:

Articles VI and Article VII onthe legislative and executivebraches of the governmentrespectively. Such changewill affect a total of 105provisions in the entireconstitution.

ii. Qualitatively: The proposedchanges alter substantiallythe basic plan of government, frompresidential toparliamentary, and from a

bicameral to a unicamerallegislature. An alteration inthe structure of governmentconstitutes a REVISION of the constitution. Merging thelegislative and executivebranches is a radicalchange in the structure of the government.

2. Thus, because said proposed changes inthe constitutes A REVISION OF THE

CONSTITUTION, the initiative made bythe Lambino Group shall fail becauseunder Section 2 Article XVII of theconstitution, provides that the peoplethrough initiative can only propose

AMENDMENTS in the constitution.b. Steps in the Amendatory Process

i. Proposal: The 1987 constitution provides threeways of how to propose amendments or revisions to the constitution: 1. Congress actingas a Constituent Assembly and 2. ConstitutionalConvention (Sec. 1 Article XVII), 3. People‟sInitiative (Sec. 2 Article XVII).

1. Congress acting as a constituentassembly:

a. Section 1 (1) Article XVII of theConstitution provides that anamendment or revisions to theconstitution may be proposed bythe congress, upon a vote of three-fourths of all its members.

b. The congress of the Philippines iscomposed of two houses viz: theSenate and the House of Representatives. Unlike the 1935

Constitution which particularlystated that both houses of congress had to come together in

joint session in order to proposeamendments, the presentconstitution is SILENT about bothhouses of congress comingtogether to proposeamendments/revision in theconstitution.

c. It has been opined that, what is

essential is that BOTH HOUSEVOTE SEPARATELY. Why?Because the power to proposeamendments is given not to aunicameral body but to a bicameralbody.




i. The meaning of aconstitutional command canalso be drawn from theknown governmentalstructure set up by theconstitution.

d. In effect, the congress acting as aconstituent assembly upon a vote

of three-fourths of all its membersvoting separately may proposechanges in the constitution.

i. Assuming arguendo, thatthere are 300 members of the House of Representatives and thatthere are 24 Senators in theSenate and that ¾ of themembers of the HOR is 225

and that ¾ of the membersof the senate is 8, 233members of the congress isneeded to enact proposedchanges in theconstitutions.

2. Constitutional Convention: A body for theexpress purpose of framing a constitution,or revising the existing constitution, or formulating amendments to it for theapproval of the electorate.

a. How a Constitutional Convention isformed?

i. Sec. 3 of Art. XVII providesthat a constitutionalconvention may be calledby:

1. The Congress may,by a 2/3 votes of allits members2

2. The Congress may,by a majority vote of all its Members,submit to theelectorate the

question of callingsuch a convention.

ii. Thereafter, the sameCongress, acting this timeas a legislative body (or inaccordance with theordinary legislativeprocess), may pass thenecessary implementing lawproviding for the details of

the ConstitutionalConvention- number,qualifications, andcompensation of itsmembers.

iii. The constitution grantedto the Congress acting asa constituent assemblyplenary authority to call aconstitutional convention,which includes by virtue of

the doctrine of necessaryimplication, all other powersessential to the effectiveexercise of the principal

2Acting as a constitutional convention refer to (III) or to Imbong VS COMELEC




power by necessaryimplication3.

iv. Implementing details arewithin the authority of Congress not only as aConstituent Assembly butalso in the exercise of itscomprehensive legislative

power 4.v. Congress as a legislative

body may thus enactnecessary implementinglegislation TO FILL IN THEGAPS WHICH CONGRESS

AS A CONSTITUTIONAL ASSEMBLY OMMITTED5.

vi. Q: How many delegatesdoes a constitutional

convention have?1. A: There is no fixnumber in thenumber of delegatesin a constitutionalconvention. InImbong VSCOMELEC, theSupreme Court heldthat the number of delegates in the Con-

Con is to bedetermined by theCongress6.

3Imbong VS COMELEC

4Ibid

5Ibid

6In the same case, Congress acting as a constituent assembly passed Resolution no. 4

which amended an earlier resolution passed by the same body, and provided that 320

3. People‟s Initiative: Method whereby thepeople themselves can directly proposeamendments to the constitution.

a. Requirements:i. There must be a petition,

1. This petition is apetition to proposechanges in the

constitution throughpeople‟s initiative.

ii. Full text of the proposedchanges must be in thepetition itself and it may beeither written on the face of the petition, or attached toit7.

iii. Petition must be signed byat least 12% of the total

number of registered voters,of which every legislativedistricts must berepresented by at least 3%of the registered voterstherein.

1. Legislative Districtmeans geographicalarea wherein it isrepresented by onemember of the

House of Representative.

delegates should be apportioned among the existing representative districts according tothe number of their respective inhabitants, BUT fixing a minimum of at least 2 delegates for a representative district. Thereafter, congress acting as a legislative body then enacted R.A.6132 implemented the intent of congress acting as a constituent assembly expressed inSec. 1 of Res. No. 4.7

Refer to Lambino VS COMELEC Supra




iv. There must be an enablinglaw8.

1. Law that congresshas to pass in order to enable or implement aprovision of theconstitution which is

not self-executory.2. The initiative clause

of the constitutionneeds an enablinglaw because the 2nd paragraph of Sec. 2of Art. XVII thecongress shallprovide for theimplementation of theexercise of this right.

3. Lambino stated thatR.A. 6735 or theInitiative andReferendum Act isan enabling thatwould satisfy therequirement in Par. 2of Sec 2 Art. XVII.

4. However, in the caseof Santiago VS

COMELEC, theSupreme Court Heldthat RA 6735 isincomplete,inadequate andwanting in essential

8Section 2 Article XVII (PC). Refer also to Defensor-Santiago VS COMELEC

terms and conditionsinsofar as initiativeon amendments tothe constitution isconcerned. While the

Act provides subtitlesfor initiative onnational laws and

local laws, no subtitleis provided for initiative on nationallaws and local laws,NO SUBTITLE ISPROVIDED FORINITIATIVE ON THECONSTITUTION.The silence of thelaw vis-à-vis the saidsubject simply meansthat the main thrustof the act is initiativeand referendum onNATIONAL ANDLOCAL LAWSONLY.

v. People‟s initiative may beexercised by the peopleonce every five years.

vi. The petition must be signed

personally by the people.vii. It shall cover ONLY

AMENDMENTS and NOTREVISIONS.

ii. Ratification: Section 4 of Article XVII provides for the manners of ratification of any proposedamendments or revisions to the constitution:




1. For those made under Sec. 1a. Ratified by a majority of the votes

cast in a plebiscite.b. Plebiscite shall be scheduled not

earlier than 60 days nor later than90 AFTER THE APPROVAL OFSUCH AMENDMENT ORREVISION.

2. For those made under Sec. 2a. Ratified by a majority of the votes

cast in a plebiscite.b. Plebiscite shall be held not earlier

than 60 days nor later than 90days AFTER THECERTIFICATION BY THECOMELEC OF THESUFFICIENCY OF PETITIONS.

3. The time set for waiting before aplebiscite can be held is intended to giveto the electorate ample time to study theproposed constitutional changes and toavoid allowing the proposed changes tobecome stale.

4. Doctrine of Proper Submission:a. Gonzales VS COMELEC

i. Plebiscite may be held onthe same day as regular election, provided that thepeople are sufficiently

informed of theamendments to be votedupon, to conscientiouslydeliberate thereon, to

express their will in agenuine manner 9

ii. J. Reyes and J. Sanchezdissents to the opinion thatof the majority of the courtthat amendments to theconstitution can besubmitted to the people for

ratification in a generalelection. It obviously showsthat both magistratesbelieved that the electionreferred to in theconstitution is a specialelection. They opined thatholding a plebiscite in thesame day of the election willdivert the attention of thepeople from theamendments to other matters such as choosingthe local and nationalofficials. Furthermore, theybelieve that the peoplewon‟t be able to devote anundivided attention to thesubject that they shouldfocus on, that is, the

9In the same case, the court held: There is in this provision nothing to indicate that the

"election" therein referred to is a "special", not a general, election. The circumstance thatthree previous amendments to the Constitution had been submitted to the people for ratification in special elections merely shows that Congress deemed it best to do so under the circumstances then obtaining. It does not negate its authority to submit proposedamendments for ratification in general elections.




amendments in theconstitution.

b. Tolentino VS COMELECi. There should be NO

PIECEMEAL SUBMISSIONOF VOTES. Allamendments must besubmitted for ratification at

one plebiscite only becausethe people have to be givena proper frame of referencein arriving at their decision10.

c. Judicial Review of Amendmentsi. Question of the adoption of amendments to the

constitution is regarded now as subject to judicial review.

ii. The court can now inquire whether or not theprescribed procedure for amendment has beenobserved.

iii. The judiciary may declare invalid a proposal:1. adopted by less than ¾ of the members

of the Congress,2. a call for a constitutional convention by

less than 2/3 of the legislature3. ratification made by less than a majority

of the votes cast4. Plebiscite irregularly held.

d. Constitutional History:

i. Pre-Colonial Era1. Inhabitants of the Philippines consisted of

disparate tribes who were then scatteredthroughout its more than 7000 islands.

2. These tribes were generally free andwere each governed by a system of laws

10

promulgated by the datu or a council of elders.

ii. Spanish Era1. Discovery of the Philippines by Magellan

in 1521 brought the people of the territoryunder the common rule of Spain, whichlasted for more than 300 years.

2. Because of the abuses of both the

government and the friars, sense of unityamong the people gradually developed.

And Rizal, with the other propagandistswould later ignite the spirit of nationalismthat was to fuel the Philippine Revolution.

3. Andrés Bonifacio started the PhilippineRevolution, and the same was won under the able generalship of Emilio Aguinaldo.This led to the proclamation of PhilippineIndependence in June 12 1898.

4. On 21 January 1899, the First PhilippineRepublic was established with Aguinaldoas the president.

a. The Malolos Constitution was alsoenacted.

i. Established a free anddemocratic PhilippineRepublic.

ii. The first democraticconstitution ever to bepromulgated in the whole of

Asia.iii. American Regime

1. On December 10 1898, the United Statesand the Spain signed the treaty of Paris.Said treaty provided for the cession of thePhilippine Islands by Spain to the UnitedStates.




2. Upon the resistance of the Filipinos to thenew threat to their freedom, they foughtwith the Americans in the Philippine-

American War. However, they lost theforegoing war, thereby leading to thecolonization of our country.

3. The Americans first organized a militarygovernment. However, the consolidation

of the executive, legislative, and judicialauthority to the military governor provoked protests from Americanlibertarians who are concerned with thenon-observance of the doctrine of separation of powers. They then tooksteps to make a transition from military tocivilian rule.

4. They made the following steps:a. Schurman Commission / “First

Philippine Commission”:i. Made a fact-finding survey

of the Philippine Islands andsubmit appropriaterecommendations to the USCongress.

b. Taft Commission / “SecondPhilippine Commission”:

i. Took over all the legislativepowers and some of theexecutive and judicial

powers of the militarygovernor.c. Spooner Amendment of 4 July

1901:i. Civil government was

established in thePhilippines with William

Howard Taft as the firstGovernor.

d. Philippine Bill of 1902:i. The Philippine Assembly

was created in 1907 to sitwith the PhilippineCommission in a BicameralLegislature.

e. Jones Law / “Philippine Autonomy Act of 1916”:

i. Established a PhilippineLegislature consisting of aSenate and a House of Representatives.

f. Tydings-McDuffie Act:i. Authorised the

establishment of theCommonwealth of thePhilippines.

ii. Formed a ConstitutionalConvention that framed the1935 Consitution.

iii. This act promisedindependence to theFilipinos if they could provetheir capacity for democraticgovernment during a ten-year transition period.

5. After the war with Japan, the Philippines

was able to demonstrate its competenceand capacity for a democraticgovernment. Hence on 4 July 1946, theUnited States formally withdrew itssovereignty over the Philippines

iv. The Republic of the Philippines:




1. Manuel Roxas was elected as the 5 th president of the Philippines. When theUnited States ceded its sovereignty over the Philippines, President Roxas assertedthe freedom of the Philippines andproclaimed the Republic of thePhilippines.

2. In the course of the Philippines‟

independence, many events led to thedeterioration of the country‟s condition.These deterioration was caused thepeople‟s pent-up resentments which ledto demonstrations or the so-calledparliament of the streets organized bystudent groups.

3. Because of these unrest, theConstitutional Convention of 1971convoked and started deliberations on therevision of the 1935 Constitution and thefashioning of the 1973 Constitution.

4. With the intensification of subversivemovements by communist-orientedgroups, President Marcos issuedProclamation 1081, placing the entirenation under martial law.

5. On November 30 1972, the draft of the1973 constitution was formally approvedby the constitutional convention, andduring the series of meetings held on

January 1973, was submitted to theCitizens Assemblies for Ratification.6. On January 17, 1973, President Marcos

issued Proclamation 1102 whichannounced that the Constitution of 1973has been ratified by an overwhelming

majority of the people and had thusbecome effective.

7. On January 17, 1981, President Marcosissued Proclamation No. 2045 which liftedMarital Law.

8. On February 22, 1986, Defense Minister JPE and General FVR started what wasknown as the “people power”. This led to

the ouster of President Marcos and thecoming to power of President Aquino.

a. One of the first acts of President Aquino was the promulgation of aprovisional or FreedomConstitution which will be in forcepending the adoption of a newconstitution.

b. She then created a constitutionalcommission headed by J. CeciliaMuñoz-Palma that will draft the1987 constitution.

c. A majority of about 16 millionpeople voted in favor of theconstitution. Pursuant to the newconstitution, an election was heldfor the revived congress of thePhilippines and those for somelocal offices.

i. The rest of the governmentunderwent changes

conformably to the changesprescribed by the new newfundamental law.

d. In the general elections of May1992, general elections for thePresident and Vice President, theSenate, and all the members of the




HOR was held. FVR was thenelected as the president andJoseph Estrada as the VicePresidnet.

e. In 1998, Joseph Estrada waselected president of the Republic.But in 2001, he was ousted to thepresidency anent to some

corruption chargesf. On January 20, 2001, after a

massive people power demonstration at EDSA, VicePresident Gloria Macapagal-

Arroyo took the oath as theconstitutional successor of Estrada.

e. The Supremacy of the Constitution:i. Constitution is the basic and paramount law to

which all other laws must conform and to whichall persons, including the highest officials of theland, must defer.

ii. Right or wrong, the Constitution must be upheldas long as it has not been changed by thesovereign people lest its disregard result inusurpation of the majesty of law by thepretenders to the illegitimate power.

III. CONCEPT OF THE STATE 1. Definitions

a. State VS NationState Nation

State is a community of persons, more or lessnumerous, permanentlyoccupying a fixed territory,and possessed of an

A people bound together bycommon attractions andrepulsions into a livingorganism possessed of acommon pulse, a common

independent governmentorganized for political endsto which the great body of inhabitants render habitualobedience.

intelligence and inspiration,and destined apparently tohave a common history anda common fate.

Political concept Racial concept

Not subject to externalcontrol

May or may not beindependent of external

controlMay consist of one or morenations or peoples

May be made up of severalstates

2. Elementsiii. People:

1. A community of persons sufficient innumber and capable of maintaining thecontinued existence of the communityand held together by a common bond of law. (See discussion in Nachura)

2. The inhabitants of the State.3. People must be numerous enough to beself-sufficing and to defend themselves AND Small enough to be easily administered and sustained.

4. People must come from both sexes to beable to perpetuate themselves.

iv . Territory:1. A fixed portion of the surface of the earth

inhabited by the people of the State.2. Territory must not be too big as to be

difficult to administer and defend 3. Territory must not be too small as to be

unable to provide for the needs of the population.

4. Components of territory:a. Terrestrial domain b. Maritime domain




c . Aerial domain National Territory (Refer to Art. 1 of the 1987 PC)

1. Necessity of constitutional provision on NationalTerritory:

Binding force of such provision under international law;

Value of provision defining our national territory;

Acquisition of other territories;

Deliberations in the constitutional convention that drafted the 1973 Constitution is enlightening as to why is there aneed to define the national territory in the constitution: o Delegates Roco and Nolledo reiterated that a

definition of the national territory is necessary for thepreservation of our national wealth, for nationalsecurity, and as a manifestation of our solidarity as apeople.

o Delegate Quintero made three points on why it isimportant to define the national territory in theconstitution: 1. Territorial assertions in R.A. 3046 were

couched merely in whereas clauses, and that theseclauses should be expressed in more authoritativefashion; 2. Deleting the entire article on nationalterritory would leave the status of Batanes in doubt; 3.It will cure the defects of the 1935 constitution toexpress the possibility of future territorial acquisitionsby the Philippines.

2. Philippine Territory: A. The Philippine Archipelago

Q: What is an Archipelago?A: A unit of water studded with islands. This means that

the land area is everything that comes within the water area.NB : In the deliberations of the constitutional conventionthat 1973 constitution, Del. Roseller Lim from Zamboangaasked where this archipelago was. Committee ChairmanQuintero answered that IT WAS THE AREADELINEATED IN THE TREATY OF PARIS.

B. “ All other territories over which the Philippines hassovereignty or jurisdiction”

This particular portion of Art. 2 is an old and revised provision that was formulated since the 1935 Constitution. This meant to include the islandsBatanes, Marianas and Freedom Island (To whichthe Philippines has claims by historical rights),

Sabah, and among others.

C. Territorial Sea

Consists of a marginal belt of maritime watersadjacent to the base lines extending 12 nauticalmiles outward. Outside the territorial sea are the highseas.

The traditional length of the territorial watersmeasured seawards, according to the canon-shotrule of 1902 was 3 miles11. However, modern law,

now recognizes 12 nautical miles. Two methods for fixing the baseline from which the

territorial belt is measured seawards:o Normal Baseline Method: Breadth of the

territorial sea is measured from the low water-line, following the indentations of the coast.

o Straight Baseline Method: Straight linesconnecting appropriate points on the coast,without departing to any appreciable extendfrom the general direction of the coast.

D. Internal Waters and the Archipelagic Doctrine

“The waters around, between and connecting theislands of the archipelago, irrespective of their breadthand dimensions, for part of the internal waters of thePhilippines”

o This together with the straight baseline method

11Effective range of 18

thcentury defensive shore batteries.




for the ARCHIPELAGIC DOCTRINE

Internal Water: Consist of all parts of the sealandwards from the baseline as well as inland riversand lakes

E. … the airspace, the sub-soil, the sea-bed, the insular shelves and the other submarines areas.

Provision on Airspace:

This provision on airspace was based on theprovisions of articles 1 and 2 of the Convention onInternational Civil Aviation, which stated that thestate has exclusive sovereignty over the airspaceabove its territory .

Sovereignty over air space extends only until whereouter space begins.

But the real range or extent of the airspace is notyet identified.

Provision on the sea-bed and sub-soil

Based on Art. 2 Sec 1 of the Convention on theTerritorial Sea and Contiguous Zone.

Said convention allows a coastal state to exercisecontrol over the contiguous zone, which is a part of high seas.

Determinations to the extent of the Philippines’ territorial airspace vis-à-vis its air space, sub-soil, sea-bed, the insular or continental shelves and other submarine areas are left to other modes than by constitutional precepts.

F. Archipelago and archipelagic state Archipelagic State: A stated constituted wholly by

one or more archipelagos and may include other islands.

Archipelago: Means a group of islands, includingparts of islands, interconnecting waters and other natural features which are so closely interrelated that

such islands, waters and other natural features forman intrinsic geographical, economic and politicalentity, or which historically have been regarded assuch.

G. Territorial Sea

Consists of marginal belt of maritime waters adjacentto the base lines extending 12 nautical miles

outward12. Outside the territorial sea are the highseas.

Traditional length of the territorial waters measuredseawards, according to the canon-shot rule of 1702-3 miles.

H. Baselines

The low-water line along the coast as marked onlarge-scale charts officially recognized by coastalstate.

2 ways of drawing the baseline: Normal baseline: One drawn following the low-

water line along the coast as marked on large-scale charts officially recognized by the coastalstate.

Straight baselines: Connect the outermost pointsof our archipelago with straight baselines andconsider all the waters enclosed hereby asinternal waters.

This makes the Philippines anarchipelago. The entire archipelago is

regarded as one integrated unit instead of being fragmented into so many thousand islands.

I. Archipelagic waters

12Basis is the 1982 Convention on the Law of the Sea




Waters around, between and connecting the islands of the archipelago, irrespective of their breadth anddimensions, form part of the internal waters of thePhilippines.

Internal Waters: Internal or inland waters consist of allparts of the sea landwards from the baseline as well asinland rivers and lakes.

Not a subject to the right of innocent passage by other

states.

J. Insular shelf

Seabed and subsoil of the areas adjacent to the coastalstate but outside the territorial sea, to a depth of twohundred meters.

Seabed and subsoil of areas adjacent to islands.

Summary of Philippine Territory according to Commissioner Adolfo Azcuna:

Terrestrial Domain: Includes all surfaces of lands abovethe sea that belongs to the Philippines.

Fluvial Domain: Includes the inland waters (E.g. Bays, andriver, streams, the sea landwards from the baselines).

Aerial Domain: Air directly above its terrestrial. All the air that lies above the land and water territory is PH territory.

All the way up to the outer space, there is no more air.

Territorial Sea: Margin or belt of maritime waters adjacentto our base lines up to the extent of 12 nautical miles.

It is a belt surrounding our base lines seaward.

Seabed: Below the territorial sea. Also PH territory.

Continental Shelf: Submarine area that is directly under the water beyond the territorial sea up to the edge of thecontinental margin, regardless of the depth of thesuperjacent waters.

v. Government:

1. The agency of the or instrumentalitythrough which the will of the State isformulated, expressed and realized.

2. Government VS State:

Government State Agent Principal

Possible to exist without a state. Cannot exist without agovernment

Government may change, itsform may change

As long as its essential requisitesare present, it remains the same.

3. Government VS AdministrationGovernment AdministrationInstitution through which thestate exercises its power

Consists of people running theinstitution

More or less permanent. MOREOR LESS because it nottemporary per se because it canalso change when the

constitution is changed thrurevision.

Temporary in nature.

More specific than a government.Means that the administration isthe entity that execute the will,power, and duties, functions of the government.

3. Government VS Administration

Government Administration

Institution through which thestate exercises power

Consists of people running theinstitution

More or less permanent. MOREOR LESS BECAUSE it can alsobe changed if the constitution ischanged thru revision

Temporary in nature.

More specific than agovernment. Means that theadministration is the entity that




execute the will, power, andduties, and functions of thegovernment.

4. Government of the Republic of thePhilippines: Refers to the Corporategovernmental entity through which thefunctions of the government areexercised throughout the Philippines,

including, save as the contrary appearsfrom the context, the various armsthrough which political authority is madeeffective in the Philippines whether pertaining to the autonomous regions, theprovincial city, municipal or barangaysubdivisions or other forms of localgovernment.

Functions of the Government

In the case of Fontanilla VS Maliaman, the Supreme Courtrecognized that the functions of government have been classifiedinto Constituent/Governmental and Ministrant/Proprietary. Theformer involves the exercise of sovereignty and considered ascompulsory. The latter connotes merely the exercise of proprietaryfunctions and thus considered as optional.

Governmental: Constitute the very bonds of society and aretherefore compulsory. MANDATORY FOR THE

GOVERNMENT TO PERFORM. Woodrow Wilson‟s enumeration of the constituent function of

government:

Keeping of order and providing for protection of persons and property from violence and robbery.

Fixing of the legal relations between man and wife andbetween parents and children.

Regulation of the holding, transmission, andinterchange of property, and the determination of itsliabilities for debt.

Definition and unison net of a crime

Administration of justice in civil cases

Determination of the political duties, privileges, andrelations of citizens.

Proprietary: Those undertaken to advance the generalinterests of society, such as public works, public charity, andregulation of trade and industry. THEY ARE THOSE THAT

ARE UNDERTAKEN ONLY BY WAY OF ADVANCING THEGENERAL INTERESTS OF SOCIETY, AND MERELYOPTIONAL.

Commercial or universal banking is, ideally, not agovernmental but a private sector endeavor. It is an optionalfunction of government (Romualdez-Yap VS CSC).

In the case of Romualdez-Yap VS CSC, the Court held that

the principles determining whether or not a government shallexercise certain of these optional functions are: 1. That agovernment should do for the public welfare those thingswhich private capital would not naturally undertake, and 2.That a government should do those things for the public welfare than in any private individual or group of individuals.

In the case of PVTA VS CIR, the Supreme Court held that thetwofold functions of the government, is now obsolete. The justification given by the court:

Growing complexities of modern society have rendered

the traditional classification of the functions of government quite unrealistic, not to say obsolete.

The areas which used to be left to private enterpriseand initiative and which the government was called upon to enter optionally, and only because it was better equipped to administer for the public welfare continueto lose their well-defined boundaries and to be




absorbed within activities that the government must undertake in its sovereign capacity if it is to meet theincreasing social challenges of the times.

Here of course this development was envisioned,indeed adopted as a national policy, by the Constitutionitself in its declaration of principle concerning the promotion of social justice.

The blur in the division of the function of government is

reiterated by the Supreme Court in the case of Philippine Association of Coconut Desiccators VS PCA. In this case, theSupreme Court held that although the present constitutionenshrines free enterprise as a policy, it nonetheless reservesto the government THE POWER TO INTERVENEWHENEVER NECESSARY TO PROMOTE THE GENERALWELFARE.

Individuals and private groups, including corporations,cooperatives, and similar collective organizations, shallhave the right to own, establish, and operate economicenterprises, subject to the duty of the State to promotedistributive justice and to intervene when the commongood so demands.

Amidst said decision of the Supreme Court, the twofoldfunctions of the government still has relevance in determiningwhether the government can be sued or not. In determiningthe suability of a state agency or corporation it is necessary todetermine if said agency is performing a governmental or proprietary function.

Doctrine of Parens Patriae

Literally “parent of the people”. One of the important tasks of the government is to act for the state as parens patriae, or

guardian of the rights of the people.

In the case of the Government of P.I. VS Monte de Piedad13.,the Supreme Court explained the concept of parens patriae. Itheld that the prerogative of parens patriae is inherent in thelodged supreme power of every state, whether that power islodged in a royal person or in the legislature.

Has no affinity to those arbitrary powers which aresometimes exerted by irresponsible monarchs to the

great detriment of the people and the destruction of their liberties.

It is most beneficient function, and often necessary tobe exercised in the interest of humanity, and for theprevention of injury to those who cannot protectthemselves

The doctrine of parens patriae was also appreciated in thecase of Cabañas VS Pilapil. In the said case, the SupremeCourt held that the judiciary, as an agency of the State actingas parens patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to hisbest interest14.

De Jure and De Facto Government

Regardless of their forms and on the basis of legitimacy,governments are either de jure of de facto.

De Jure government: Has a rightful title but no power or control, either because this has been withdrawn from it or

13In the case of Government of P.I. VS Monte de Piedad, contributions were collected

during the Spanish regime for the relief of the victims of an earthquake but part of themoney was never distributed and instead deposited with the defendant bank. When thegovernment filed an action for recovery, the defendant questioned the competence of theplaintiff, contending that the suit could be instituted only by the intended beneficiariesthemselves OR BY THEIR HEIRS. The Supreme Court subsequently rejected this view andupheld that the government has the right to file the case for the state as parens patriae inrepresentation of the legitimate claimants.14

In this case, the government acting for the State as parens patriae chose the mother of anillegitimate child as against his uncle to be the trustee of the insurance proceeds left him byhis father, who had expressly designated the uncle.




because it has not yet actually entered into the exercisethereof.

In Lawyer‟s League for a Better Philippines VSPresident Corazon Aquino, et. al., the Supreme Courtheld that the Government of Corazon Aquino was a de

jure government because the people have acceptedsaid government which is in effective control of theentire country. Not to mention that the community of

Nations has recognized the legitimacy of thegovernment of President Aquino.

Same was held in the case of In Re: Saturnino V.Bermudez where the court in answering the questionraised by petitioner on who was the president and vicepresident being referred to in Sec. 7 of Art. XVIII,reiterated its resolution in Lawyer‟s League for a Better Philippines VS Aquino wherein it held that there is nodoubt that the president and vice president beingreferred to in said provision of the 1987 constitutionwas no other than President Aquino and Vice PresidentLaurel respectively. The people themselves made the

judgment in this political question, and they haveaccepted the government of President Aquino which isin effective control of the entire country so that it is notmerely a de facto government but a de juregovernment.

De Facto government: A government of fact, that is, it actuallyexercises power or control but without legal title.

In the case of Co Kim Chan VS Valdez Tan Keh, theSupreme Court held that there are three kinds of de

facto government: De Facto Proper: de facto in a proper legal

sense that gets possession and control of, or usurps, by force or by the voice of the majority,the rightful legal government and maintains itself against the will of the latter.

Government of Paramount Forces: A de facto

Government which is established andmaintained by military forces who invade andoccupy a territory of the enemy in the course of war, and which is denominated a government of paramount force.

Has 2 characteristics: 1) Its existence ismaintained by active military power within the territories and against the

rightful authority of an established andlawful government. 2.) While it exists itmust necessarily be obeyed in civilmatters by private citizens who, by actsof obedience rendered in submission toforce, do not become responsible, aswrongdoers, for those acts, though notwarranted by the laws of the rightfulgovernment.

Independent Government: A de factoGovernment that is established as anindependent government by the inhabitants of acountry who rise in insurrection against theparent state.

Said case also concluded that the Philippine ExecutiveCommission was a civil government established bymilitary forces or occupation and therefore a de factogovernment of the second kind. As Halleck says, “thegovernment established over an enemy’s territory during the military occupation may exercise all the powers given by the laws of war to the conqueror over

the conquered, and is subject to all restrictions whichthat code imposes”. It is of little consequence whether such government be called a military or civilgovernment. Its character is the same and the sourceof its authority the same. In either case, it is agovernment imposed of suck territory or the rest of theworld, those laws alone determine the legality or




illegality of its acts.

Sovereignty

The supreme and uncontrollable power inherent in a State bywhich that State is governed.

Kinds:Legal Political

Power to issue finalcommands

The sum total of all theinfluences which lie behind thelaw.

Internal External

Supreme power over everything within its territory

Also known as independence,which is freedom from externalcontrol.

Characteristics (PECAIII):

Permanence

Exclusiveness Comprehensiveness

Absoluteness

Indivisibility

Inalienability

Imprescriptibility

Effects of change in sovereignty

ON POLITICAL LAWS: In the case of People VSPerfecto, the court held that the political laws in forceduring the Spanish regime are abrogated when Spainceded the Philippines to the United States because it isinconsistent with democratic principles of government.Not to mention that it is a general principle of public lawthat on acquisition of territory the previous politicalrelations of the ceded region are totally abrogated.Every nation, acquiring territory, by treaty or otherwise,must hold it subject to the constitution and laws of its

own government, and not according to those of thegovernment, and not according to those of thegovernment ceding it. In this case, the court held thatlesse majeste is a political law because it is a law thatregulates the relationship of the people with someminister of the crown, i.e. the senators of the PhilippineIslands.

The same was the decision of the court in the case of

Macariola VS Asuncion, wherein the Supreme Court, indismissing a complaint against Respondent Judge

Asuncion for allegedly violating the provisions of Article14 of the Spanish Code of Commerce which prohibits

judges from engaging in commerce, held that Article 14of the Code of Commerce is already abrogated by thechange of sovereignty because said provision of theforegoing code is political in nature. In addition, thecourt held that where there is a change of sovereignty,the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are

automatically abrogated, UNLESS THEY AREEXPRESSLY RE-ENACTED BY AFFIRMATIVE ACTOF THE NEW LAW.

ON MUNICIPAL LAWS: In Vilas VS Municipality of Manila, the United States Supreme Court, stated thatwhile there is a total abrogation of the former politicarelations of inhabitants of ceded territory, and anabrogation of laws in conflict with the political character of the substituted sovereign, THE GREAT BODY OFMUNICIPAL LAW REGULATING PRIVATE AND

DOMESTIC RIGHTS CONTINUES IN FORCE UNTIL ABROGATED OR CHANGED BY THE NEW RULER.

Effects of belligerent occupation

No change in sovereignty.

But in Laurel VS Misa, the court held that politicsl lsed,except the law on treason, are suspended. Municipallaws remain in force UNLESS REPEALED BY THE




BELLIGERENT OCCUPANT.

At the end of the belligerent occupation, when theoccupant is ousted from the territory, the political lawswhich had been suspended during the occupation shallautomatically become effective again, under thedoctrine of JUS POSTLIMINIUM.

Jus Postliminum: When a property taken by theenemy is either recaptured or rescued from him,

by the fellow subjects or allies of the original power, it does not become the property of therecaptor or rescuer, as if it had been a new prize,but it is restored to the original owner by right of postliminy, upon certain terms.

Dominium VS ImperiumDominium Imperium

Refers to the capacity toown or acquire property,including lands held by thestate in its proprietarycapacity.

The authority possessed bythe State embraced in theconcept of sovereignty.

Jurisdiction:

Territorial: Power of the State over persons andthings within its territory.

Exceptions:

Foreign states (Heads of states,diplomatic representatives)

Foreign state property (Embassies,consulates, and public vessels engaged innon-commercial activities)

Acts of state Foreign merchant vessels exercising

rights of innocent passage

Foreign armies passing through or stationed in its territory with its permission.

Personal: The power of the State over itsnationals, which may be exercised by the State

even if the individual is outside the territory of theState.

Extraterritorial: Power exercised by the Statebeyond its territory in the following cases:

Assertion of its personal jurisdiction over itsnationals abroad,

By virtue of its relations with other states or territories, as when it establishes a colonial

protectorate, or a condominium, or administers a trust territory…

When the local state waives its jurisdictionover persons and things within its territory,as when a foreign army stationed thereinremains under the jurisdiction of thesending state

By the principle of extraterritoriality, asillustrated by the immunities of the head of state in a foreign country.

5. Act of State: An act done by the sovereignpower of a country, or by its delegate,within the limits of the power vested inhim. It cannot be questioned or made thesubject of legal proceedings in a court of law. (E.g. The president, in the exercise of its diplomatic power, extends recognitionto a newly established foreign state or government).

IV. The Doctrine of State Immunity from SuitConstitutional Provision (Sec. 3 Article XVI PC): “The state maynot be sued without its consent”.

1. Stages in the suit against the state:a. Suabilityb. Liability




c. Determination whether or not the aggrieved party isentitled for

2. Doctrine of State Immunity from Suit: The state as well as itsgovernment is immune from suit UNLESS IT GIVES ITSCONSENT. In the case of D.A. VS NLRC, the doctrine of state immunity was also referred to as “the royal prerogativeof dishonesty” because it grants the state the prerogative todefeat any legitimate claim against it by simply invoking its

non-suability.3. Basis:

d. In Republic VS Villasor 15, the Supreme Court said thatthe reason or the basis behind the doctrine is that“THERE CAN BE NO LEGAL RIGHT AS AGAINSTTHE AUTHORITY THAT MAKES THE LAW ONWHICH THE RIGHT DEPENDS”.

e. The demands and inconveniences of litigation willdivert the time and resources of the State from themore pressing matters demanding its attention to theprejudice of the public welfare.

4. Same immunity is likewise enjoyed by other States. This is inconsonance with the PIL Principle of par in parem non habet imperium (equals do not have authority over one another).

a. The state‟s diplomatic agents, including consuls to acertain extent, are also exempt from jurisdiction of localcourts and administrative tribunals.

b. The United Nations, as well as its organs andspecialized agencies are likewise beyond the

jurisdiction of local courts.c. Even other international organizations or international

agencies may be immune from the jurisdiction of localcourts and local administrative tribunals.

15F: In this case, the Supreme Court granted the petition of petitioner Republic of the

Philippines to nullify and set-aside the decision rendered by Respondent Judge Villasor,ordering for the execution of the decision granting, P.J. Kiener Co. Ltd., Gavino Unchuan,and ICC the arbitration award amounting to Php 1,712,396.40. The aforementioned amountwill be taken from the funds of the AFP. I: 1.) Whether or not the suit is against the state. 2.)Whether or not the funds of the AFP can be garnished.

NB: As was held in the case of Holy See VS Rosario16, thecourt held that by virtue of the principles of PIL, when astate or international agency wishes to plead sovereign or diplomatic immunity in a foreign court, it requests theForeign Office of the State where it is sued to convey tothe court that said defendant is entitled to immunity. In thePhilippines, the practice is for the foreign government or I.O. to first secure an executive endorsement of its claim of

sovereign or diplomatic immunity. In this case, the DFA,through the OLA moved to be allowed to intervene on theside of petitioner. The court on the other hand allowed thesaid department to file its memorandum in support of petitioner‟s claim of sovereign immunity.

5. Test whether to determine if suit is against the State: Theremust be an AFFIRMATIVE ACT FROM THE STATE TOSATISFY THE JUDGMENT. In the case of Sanders VSVeridiano17, the Supreme Court held that even if in case the

16The Holy See owns a lot in Parañaque and they sold it to 2 buyers who then assigned

rights to the sale to Rosario. In the agreement that ensued between the Holy See and thebuyers, the Holy See stated that they will provide for the clearing of the land that was thenfilled with informal settlers. However, such did not happen. Subsequently, a dispute aroseas to who should clear the parcels of land. Respondent then filed a complaint for theannulment of the sale, but the DFA intervened and said it had a legal interest in the outcomeof the case as regards the diplomatic immunity of the petitioner. Petitioner in this case aversthat the respondent trial court has no jurisdiction over petitioner, being a foreign stateenjoying sovereign immunity. On the other hand, private respondent insists that the doctrineof non-suability is not absolute because the petitioner has divested itself of such a cloakwhen of its own free will, it entered into a commercial transaction for the sale of a parcel of land located in the Philippines.17

Sanders and Moreau were both ranking officials of the U.S. Navy stationed in thePhilippines. Respondents Rossi and Wyers, both American Citizens were employed asgamerooms in the special services division of the NAVSTA. Sometime in October 1975,

Rosi and Wyers were advised that their employment had been converted from permanent-full time to permanent part-time. Apparently, respondents instituted a grievance proceeding.Subsequently, the hearing officers rendered a judgment in favor of respondent, ordering for the reinstatement of the permanent-full time status of the petitioners. However, in a letter sent by Sanders to Moreau, the former disagreed to the decision of the Hearing Officer.

After said letters were exchanged, Respondent filed a claim for damages, saying that saidletters contained libelous accusations that exposed respondents to ridicule and causedthem mental anguish, and maintained that petitioners were being sued in their personalcapacity. Petitioners however maintained that the acts complained of were performed in thedischarge of their official duties.




petitioners are entitled to damages, such award will have tobe satisfied not by the petitioners in their personal capacitiesbut by the United States government as their principal. It heldthat SUCH WILL REQUIRE THE GOVERNMENT TOPERFORM AN AFFIRMATIVE ACT TO SATISFYJUDGMENT

o Affirmative Act: Appropriations of the necessaryamount to cover the damages awarded, thus making

the action a suit against that government without itsconsent.

o Test of suit against the state is the same whether thesuit is against government officers or a state agency isTHE SAME.

o In Tan VS Director of Forestry, the Supreme Cout heldthat state immunity from suit may be invoked as longas the suit really affects the property, rights or interestsof the State and not merely those of the officersnominally made party defendants.

V. Fundamental Principles and State PoliciesFundamental

Article 2 of the 1987 PC: Declaration of Principles and StatePolicies:

- Intended to lay down the rules underlying our system of government and must therefore be adhered to in the conductof public affairs and the resolution of public issues.

1. Preamble: Serves as an introduction of the constitution. Towalk before, the constitution.

a. Importance of the Constitution:i. Indicate the authors of the constitution (We the

sovereign Filipino People),ii. It also enumerates the primary aims and expressed

the aspirations of the framers in drafting theConstitution

iii. Useful as an aid in the construction andinterpretation of the text in the constitution.

iv. Useful as an aid in legislation.

NB: The preamble is not an essential part of the constitution. Theessential parts of the constitution are: 1. Consti of Liberty (Bill of Rights), 2. Consti of Governance (Articles VI, VII, VIII, IX), and 3.Consti of Sovereignty (Article XVII).

THE STATE PRINCIPLES:

1. Republicanism (Sec. 1 Art. II 1987 PC)a. Republic: A representative government, a government run by

and for the people. Not a pure democracy where the peoplegovern themselves directly.

b. Essential Features:i. Representation: People are represented.

Republicanism being a representative government.ii. Renovation: Selection by the citizenry of a crops of

public functionaries who derive their mandate from thepeople and act on their behalf, serving for a limitedperiod only, after which they are replaced or retainedat the option of their principal.

c. Manifestation of a Republican Government (GRABE-SBCD):i. Government of laws and not of men

1. The ascendancy of the law is axiomatic ina republic and must be recognized byevery public official NO MATTER HOWEXALTED.

2. No one is above law; and ALL MUSTBOW TO ITS MAJESTY.

3. All official act must be based upon andconform to the authority of a valid law.Lacking which, the act must be rejected.

4. Nobility of intention is not sufficient tovalidate an authorized act. Indeed, in




Villavicencio VS Lukban, where Mayor Lukban, who was then that Mayor of Manila, motivated by his desire to protectthe health and the morals of hisconstituents deported the 170 prostitutesto Davao without the consent of thedeported women and without theknowledge of their relatives/friends. The

Supreme Court condemned the action of Mayor Lukban, there being no showingthat any law or even an ordinance hadauthorized it.

ii. Rule of Majority1. Plurality in elections.

iii. Accountability of Public Officersiv. Bill of rightsv. Legislation cannot enact irrepealable laws.vi. Separation of powersvii. Blending of powers

viii. Checks and balancesix. Non-delagation of powers

2. The Incorporation Clausei. Sec. 2 provides:

a. Philippines renounces war as an instrument of national policy,

b. Adopts the accepted principles of international lawas part of the law of the land,

c. Adheres to the policy of peace, equality, justice,freedom, cooperation, and amity with all nations.

ii. Renunciation of war:a. Covenant of the League of Nations: Provided

conditions for the right to go to war b. Kellog-Briand Pact of 1928: Also known as the

General Treaty for the Renunciation of War, ratifiedby 62 States. It forbades war as an instrument of national policy.

c. Charter of the United Nations: Art. 2 of whichprohibits the threat or use of force against theterritorial integrity or political independence of astate.

iii. Doctrine of Incorporation: Every state, by membershipto the family of nations, is bound by the principles of international law, which automatically is incorporated inits own laws.

a. In the case of Kuroda VS Jalandoni, the court, inupholding the validity of E.O. 68 petitioner‟sargument, debunked the contention of the latter who averred that the creation of E.O. 68 is illegalbecause it violates not only provisions of theconstitution, but also the laws; and that because thePhilippines is not a signatory to the HagueConvention on Rules and Regulations coveringLand Warfare, the charges against him arebaseless because he was charged of crimes notbased on laws both national and international, and

that the military commission trying his case has no jurisdiction. The court held that the law is valid byvirtue of Section 3 of the 1935 Constitution, whichadhered to the policy of renunciation of war and thedoctrine of incorporation. On that the militarycommission has no jurisdiction over his casebecause the Philippines is not a signatory to theHague and Geneva Conventions, the SupremeCourt held that even if the Philippines was not asignatory to the aforementioned conventions, itcannot be gainsaid that the rules and regulations inthe abovestated conventions form part of thegenerally accepted principles of International Law.Hence, such rules and principles form part of thelaw of the laws of the Philippines even if it is not asignatory in the conventions governing them,because the constitution have has been deliberately




general and extensive in its scope and is notconfined to the recognition of rules and principles of international law as contained in treaties to whichour government may have been or shall be asignatory.

b. The Supreme Court ruled on the basis of theabovementioned considerations in the case of

Agustin VS Edu, wherein petitioner questioned the

validity of Letter of Instruction No. 229 (1974)(amended by LOI 479 series of 1976), whichrequired every car owner to procure and use onepair of a reflectorized triangular EWD whenever anyvehicle is stalled or disabled or is parked for 30minutes or more in any street, highway, etc.Petitioner further contends that LOI 229 isunconstitutional, oppressive, unreasonable,arbitrary, confiscatory, and contrary to the preceptsof the new society. In reply to such allegations,respondents maintained it was not unconstitutional

because the Philippines was just complying with theprovisions of the treaties that It signed. Indeed, thePhilippines, being a signatory to the ViennaConvention on Road Signs and Signal and havingratified the said treaty under P.D. 207,recommended that a local legislation be enacted for the installation of road safety signs and devices.The Philippines will also not repudiate acommitment to which it had pledged its word.

iv. The “generally accepted principles of international law”:Refers to norms of general or customary internationallaw which are binding on all states. E.g. renunciation of war, sovereign immunity, pacta sunt servanda, etc.

v. Under the 1987 PC, international law can become partof the sphere of domestic law either by transformationor incorporation.

a. Transformation: Method requires that aninternational law principle be transformed intodomestic law by methods such as local legislation

b. Incorporation: This method applies, by mereconstitutional declaration, international law isdeemed to have the force of domestic law.

vi. Doctrine of incorporation is applied whenever localcourts are confronted with situations in which there

appears to be a conflict between a rule of internationallaw and the provisions of the constitution or somemunicipal laws of the local state.a. In case there is a conflict between an international

law and a municipal law:i. First step: Harmonize both laws so as to give

effect to both.ii. If the conflict between the two laws seemed

to be irreconcilable, proceed to second step:municipal laws must be upheld.

b. In Ichong VS Hernandez18, the court held the treaty

between the Philippines and Burma regarding thePhilippines importation of rice in the said country isinvalid because the retail trade national law (law inconflict with the foregoing treaty), was passed in theexercise of the police power, which cannot bebargained away through the medium of a treaty or acontract.

c. In the case of In Re: Garcia, the court helt thattreaties could not be intended to modify the laws in

18Petitioner sought for the invalidation of the R.A. 1180 also known as the Retail Trade

Nationalization Act because they believed that said law contravened with several treatiesnamely the charter of the UN and the declaration of Human Rights, and the treaty of Amitywith PRC. In denying said petition, the court held that no treaties or international obligationswere infringed when said law was promulgated. But granting arguendo that the said lawinfringes upon said the aforementioned treaties, the treaty is always subject to qualificationor amendment by a subsequent law and the same may never curtail or restrict the scope of the police power of the state. There is no question that R.A. 1180 was approved in theexercise of police power.




force in the country. In this case, Garcia applied for admission to the practice of law in the Philippines,and further petition that he be admitted without therequired bar examination. He contended that under the Treaty on Academic Degrees and the Exerciseof Professions between the Philippines and Spain,he is entitled to do so. The court however deniedhis petition because: 1. The treaty is not applicable

to Filipino citizens desiring to practice law in thePhilippines. 2. The treaty could not have intended tomodify the laws and regulations governingadmission to the practice of laws in the Philippines.3. The executive department may not encroachupon the constitutional prerogative of the SupremeCourt to promulgate rules for admission to thepractice of law.

3. Defense of the Statei. Section 4 provides that:

a. It is the prime duty of the government to serve and

protect the people.b. The Government may call the people to defend the

State and, in the fulfillment thereof, all citizens maybe required, under conditions provided by law torender personal military or civil service.

ii. State may take up all necessary action, including theuse of armed force, to repel any threat to its security.

iii. C.A. No. 1 or the National Defense Act states that the AFP shall be composed of a citizen armed force whichshall undergo military training and serve, as may beprovided by law.

iv. In the case of People VS Lagman and Zosa, theaccused were charged with and convicted of refusal toregister for military training as required by C.A. No. 1.De Sosa contends that he did not register in the militaryservice because he is fatherless and has a mother, andan 8 y/o brother to support. Lagman on the other hand,

has a father to support, has no military leanings, anddoes not wish to kill or be killed. On the contention of these both Lagman and de Sosa made in their respective cases that C.A. No. 1 in so far as itestablishes compulsory military service isunconstitutional; the Supreme Court held that it wasnot, and indeed, it was in faithful compliance with itsprovisions. The duty of the government to defend the

State cannot be performed except through an army. Toleave the organization of an army to the will of thecitizens would be to make this duty of the governmentexcusable should there be no sufficient men whovolunteer to enlist therein.

v. It was also held in case of People VS Lagman and deSosa supra, that the duty to defend the state isimposed upon all citizens, including women. And thatthe military or civil services that may be required bythem must be personal. Q: What if a person hassincere conscientious or religious scruples about the

taking of human life, or have no military inclinations or aptitudes? A: Accommodations can be made byassigning them to non-combat or civil duties.

vi. Provision is based upon the inherent right of everystate to existence and self -preservation.

4. Peace and Order i. Section 5 provides that

a. The maintenance of peace and order, the protectionof life, liberty and property.

b. It will likewise promote the general welfare which isessential for the enjoyment by all the people of theblessings of democracy.

5. Separation of Church and Statei. Ratio: “Strong fences make good neighbor”. The idea is

to delineate the boundaries between the church andthe state and thus avoid encroachments by one against




the other because of a misunderstanding of the limits of their respective exclusive jurisdictions.

ii. State is prohibited from interfering in purelyecclesiastical affairs. Church is likewise barred frommeddling in purely secular matters.a. Reason: A union of church and the state, tends to

destroy government and to degrade religion.iii. BUT the wall that separates the church and the state is

not a wall of hostility. Indeed, the state recognizes thebeneficent influence of religion in the enrichment of thenation‟s life. As it instills into the mind the purestprinciples of morality. In the case of Aglipay VS Ruiz,the court speaking thru Justice Laurel stated theinfluence of religion is deeply felt and highlyappreciated by the State. Deeply felt because in thepreamble, the Filipino people as the authors of theconstitution implored the aid of divine providence inorder to establish a government that would embodytheir ideals… Indeed it shows that they manifested their

intense religious nature and placed unfaltering relianceupon Him who guides the destinies of men and nations.

iv. In Aglipay VS Ruiz, the court in denying the petition of Msgr. Aglipay regarding the withholding of the printingand issuance of postage stamps themed with thecelebration of the 33rd International EucharisticCongress in Manila and further maintaining that suchwas contrary to constitutional provisions on theseparation of church and state, the Supreme Courtheld that it was not because Act. 4025, the law thatdirects the selling of the aforementioned stamps does

not contemplate any religious purpose. The onlypurpose in issuing and selling the stamps was toadvertise the Philippines and attract more tourists tothis country. The officials concerned merely tookadvantage of an event of international importance togive publicity to the Philippines and its people. Indeed,

the stamps are not designed with any insignia or symbolism of the Catholic Church except for a map of the Philippines and Manila. Thus, it is obvious that theemphasis of said stamps were not the EucharisticCongress itself but Manila as the seat of the saidcongress, and that any resulting propaganda receivedby the RCC vis-à-vis these stamps, was not the aimand purpose of the government.

v. Exceptions to the rule on the separation of the Churchand the State:a. Churches, parsonages, etc., actually, directly, and

exclusively used for religious purposes shall beexempt from tax.

b. Prohibition against appropriation for sectarianbenefit, except when priest is assigned to the AFP,any penal institutions or leprosarium.

c. Optional religious instruction for public elementaryand high school students.

d. Filipino ownership requirement for educational

institutions, except those established by religiousgroups and mission abroad.

6. Social Justice:i. Definition: Neither communism, nor despotism, nor

atomism, nor anarchy, but eh humanization of laws andthe equalization of social and economic forces by theState so that justice in its rational and objectively secular conception may at least be approximated. Social justicemeans promoting the welfare of all the people, theadoption by the government of all the componentelements of society through the maintenance of a proper

economic and social equilibrium in the intrrelations of themembers of the community, constitutionally, through itsadoption of measures legally justifiable, or extra-constitutionally, through the exercise of powersunderlying the existence of all governments on the time-

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honored principle of salus populi est supreme lex(Calalang VS Williams).

ii. Purpose of the provision: “To alleviate the plight of theseforgotten men, to give those with less privileges in lifemore privileges in law”. This was contemplated in thecase of Ondoy VS Ignacio19, where the Supreme Courtin granting the petition for compensation for the death of Ondoy stated that “As between a laborer, usually poor

and unlettered and the employer, who has resources tosecure able legal advice, the law has reason to demandfrom the latter stricter compliance. Social justice in thiscase is not equality BUT PROTECTION.

iii. However social justice cannot be invoked to tramplerights of property owners nor can it nullify a law onobligations and contracts. This was ruling in the case of Salonga VS Farrales. In the said case, respondent is theowner of a parcel of residential land in Olongapo City.Before respondent purchased the land, Salonga alreadyin possession as lessee of a part of the land, on which

she had already erected a house. Because the petitioner and other lessees are not paying their respective rentalfees, Farrales filed an ejectment case against Salongaand other lessees. Decision was subsequently renderedin favor of farrales. Meanwhile, Farrales sold to the other lessees the parcels of land on which they respectivelyoccupy so that when the decision was affirmed andexecuted on appeal, the ejectment w=case was thenonly against Salonga. Salonga painstakingly offered topurchase said lot from Farrales, but the latter refused.He then went to the court praying that Farrales be

compelled to sell to him the land in dispute, but it wasdismissed. Ruling on the issue if whether or not social

justice is applicable in this case, the court held that social justice not applicable in this case because social justicecannot be invoked to trample rights of property owners

19Check ATD for digest.

nor can it nullify a law on obligations and contracts. Thssocial justice consecrated in our constitution was notintended to take away rights from a person and givethem to another who is not entitled thereto.

7. Rearing of the youthi. Article 12 provides that:

a. State recognizes the sanctity of family lifeb. It shall protect and strengthen the family as a basic

autonomous social institution.c. Equally protect the life of the mother and the life of theunborn from conception.

i. Policy against abortionii. This however, must be equated with the equal

protection due the mother.d. Parents have natural and primary right and duty to rear

the youth for civil efficiency and the development of moral character.

e. In doing the foregoing, parents shall receive the aidand support of the government.

i. State cannot unreasonably interfere with theexercise by parents of their natural right andduty to rear their children. BUT there are timeswhen it can regulate the same under the policepower.

1. Ex: State is in a position to assist theparent in the proper upbringing of thechild through the enforcement of educational policies looking to theattainment of the stated objectives.

2. 2 American Cases: Meyer VS Nebraska

and Pierce VS Society of Sisters:a. In Meyer VS Nebraska, Supreme

Court held that it is incompetent for the government to prohibit theteaching of the German language

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to students between certain agelevels.

b. In Pierce VS Society of Sisters, alaw prohibiting the establishmentof private schools and in effectconfining the education of theyouth to public institutions of learning was likewise annulled

because it would standardize thethinking of the children, whoaccording to the court, were notmere creatures of the state.

ii. Article 13 provides that:1. State shall promote and protect their

physical, moral, spiritual, and social well-being.

2. State shall inculcate in the youthpatriotism and nationalism, andencourage their involvement in public and

civil affairs.

consti i outline

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