Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 1 of 16

THE PHILIPPINE CONSTITUTION cities, municipalities and barangay; the scope and application of
DEFINITIONS, NATURE, AND CONCEPTS the powers of municipal ordinances, contracts, liabilities and
enterprises1
Political Law (Macariola v. Asuncion)
It is a branch of public law which deals with the organizations CONSTITUTIONAL LAW
and operations of the governmental organs of the State and Is that department of the science of law which treats the
defines the relations of the State with the inhabitants of its nature of constitutions, their establishment, construction
territory. and interpretation, and of the validity of legal enactments as
tested by the criterion of conformity to the fundamental
Subjects covered by and included in the study of Philippine Political Law law 2
1. Constitutional Law It is a branch of public law which treats Is the study of maintenance of the proper balance between
of constitutions their nature, formation, amendment, and authority as represented by the three inherent powers of
interpretation; guaranties of the constitution to individual rights the state and liberty as guaranteed by the Bill of Rights3
and the limitations on governmental action True role is to effect an equilibrium between authority and
2. Administrative Law It is a study of the laws that regulate liberty so that rights are exercised within the framework of
the administrative organization and operations of the the law and the laws are enacted with due deference to
governmental organs of the state and determines the rights
competence of the administrative authorities and the remedies
available to the individual in case of violation of his rights; Fundamental Powers of the State
exercise of executive power in the making of rules and the Police Power
decision of questions affecting private rights Power of Eminent Domain
3. Election Law It is a study of laws, rules, and procedures Power of Taxation
involving the conduct of the election of all public officials who
will exercise the powers of government as allocated to and *Common objective: co-existence
within their functions and responsibilities *Ultimate goal: a well-ordered society based on the
4. Law of Public Officers It is a study of the creation, inviolability of rights which, although they may not be
modification and dissolution of public office as well as the curtailed arbitrarily, may nevertheless be regulated for the
eligibility of public officers, the manner of their election or common good.
appointment and assumption of office, their rights, duties,
powers, inhibitions and liabilities, and the modes of terminating CONSTITUTION
ethical relations It is a body of rules and maxims in accordance with which
5. Law of Municipal Corporations it is a study of the general the powers of sovereignty are habitually exercised (Cooley)
principles governing municipal corporations, the laws affecting
the creation, organization and the government of provinces,
1 3
Suarez. Political Law Reviewer (2002), 2. Isagani A. Cruz, Constitutional Law (Central Lawbook Publishers (2007)).
2
Constitutional Law, Blacks Law Dictionary, 10th ed. (West Group, 2014), 1.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 2 of 16

It is a written instrument enacted by direct action of the Enacted (Conventional) is enacted, formally struck off
people by which the fundamental powers of the at a definite time and place following a conscious or
government are established, limited and defined, and by deliberate effort taken by a constituent body or ruler.
which those powers are distributed among the several Evolved (Cumulative) is the result of political
departments for their safe and useful exercise, for the evolution, not inaugurated at any specific time but changing
benefit of the body politic by accretion rather that by any systematic method5
3. Rigid or Flexible
BASIC PRINCIPLES Rigid one which can be amended only through a formal
1. The Constitution is the Supreme Law of the Land (TMPC and difficult process6
v. LTWD) Flexible can be amended by ordinary legislation as in the
case of an unwritten constitution7
It is a legislation direct from the people acting in their sovereign
capacity, hence, it is more superior than any other law or Note: The Philippine Constitution is written, conventional and
statute. rigid. It is embodied in one document and can be amended only by a
formal and usually difficult process.
2. It is the symbol and monument of the peoples will
3. Outlines the infrastructures of the government Effectivity of the Constitution: The 1987 Constitution took effect
4. Must be obeyed by all on February 2, 1987, the date of its ratification in the plebiscite held on
5. May be modified either by Amendment or Revision that same date and not on the date its ratification was proclaimed (De
6. The Courts are the ultimate guardians of our Constitution Leon v Esguerra, GR No. L78059, August 31, 1987)

CLASSIFICATION OF CONSTITUTIONS CHARACTERISTICS OF CONSTITUTIONS

1. Written or Unwritten a. Permanence
Written is one whose precepts are embodied in one b. Exclusiveness
document or set of documents4 c. Comprehensiveness
Unwritten consists of rules which have not been d. Absoluteness
integrated into a single, concrete form but are scattered in e. Indivisibility
various sources, such as statutes of a fundamental character, f. Inalienability
judicial decisions, commentaries of publicists, customs and g. Imprescriptibility
traditions, and certain common law principles (Ibid)
2. Enacted (Conventional) or Evolved (Cumulative) ESSENTIAL QUALITIES OF THE WRITTEN
CONSTITUTION

4 6
Cruz, Constitutional Law. Ibid.
5 7
Ibid. Cruz, Constitutional Law.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 3 of 16

1. Broad because it is through it that the fundamental powers 2. Ratio legis est anima where there is ambiguity, the words
of government are established, limited and defined, and by of the Constitution should be interpreted in accordance with
which those powers are distributed among the several the intent of the framers
departments of government for their safe and useful exercise 3. Ut magis valeat quam pereat the Constitution has to be
and for the benefit of the body politic8 interpreted as a whole (Francisco v HOR, GR No. 160261,
2. Brief it must be brief because it is not intended to go into November 10, 2003)
details of organization. The details are left to Congress which
will be in a better position to find out what specific legislation AMENDMENTS AND REVISIONS
is needed from time to time 9 (ART XVIII AMENDMENTS OF REVISIONS)
3. Definite to prevent ambiguity in its provisions which could Amendment an addition or change within the lines of the
result in confusion and divisiveness among the people 10 original constitution as will effect an improvement, or better
carry out the purpose for which it was framed; a change that
PARTS OF THE CONSTITUTION adds, reduces or deletes without altering the basic principles
1. Constitution of Government the series of provisions involved; affects only the specific provision being amended
outlining the organization of the government, enumerating its Revision a change that alters a basic principle in the
powers, laying down certain rules relative to its administration, constitution, like altering the principle of separation of powers
and defining the electorate (e.g. Arts. VI, VII, VIII and IX, which or the system of check-and-balances; alters the substantial
establishes the structure of government, its branches and their entirety of the constitution, as when the change affects
operation). substantial provisions of the constitution.
2. Constitution of Sovereignty the provisions pointing out
the mode or procedure in accordance with which formal AMENDMENT vs. REVISION
changes in the fundamental law may be brought about (e.g. Art. Revision generally affects several provisions of the Constitution, while
XVII, which provides how the constitution may be changed). Amendment generally affects only the specific provision being
3. Constitution of Liberty the series of prescriptions setting amended [Id.] This distinction is significant because the 1987
forth the fundamental civil and political rights of the citizens and Constitution allows peoples initiative only for the purpose of amending,
imposing limitations on the powers of government as a means not revising the Constitution. [see Lambino, supra]
of securing the enjoyment of those rights (e.g. Art. III, which
states the fundamental rights of the people). LEGAL TESTS
Lambino considered the two-part test:
Interpretation of the Constitution 1. Quantitative test the court examines only the number of
1. Verbal legis whenever possible, the words used in the provisions affected and does not consider the degree of the
Constitution must be given their ordinary meaning, except change
where technical terms are employed

8 10
Suarez, Political Law. Cruz, Constitutional Law, 5-6.
9
Ibid.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 4 of 16

2. Qualitative test whether the change will accomplish such 2. Ratification the proposed amendment shall be submitted to
far reaching changes in the nature of our basic governmental the people and shall be deemed ratified by the majority of the
plan as to amount to a revision; The changes include those to votes cast in the plebiscite, held not earlier than 60 days nor
the fundamental framework or the fundamental powers of its later than 90 days:
Branches, and those that jeopardize the traditional form of a) After approval of the proposal by Congress or ConCon;
government and the system of check and balances. Whether b) After certification by the COMELEC of sufficiency of
there is an alteration in the structure of government is a proper petition of the people
subject of inquiry. [See Lambino, supra]
Doctrine of Proper Submission
MEANS & MODES OF AMENDMENT & REVISION OF THE A plebiscite may be held on the same day as a regular election
CONSTITUTION [Gonzales v COMELEC (1967)]. The entire Constitution
1. Congress (as a Constituent Assembly) formed by a vote must be submitted for ratification at one plebiscite only.
of of ALL its members. The people must have a proper frame of reference.
2. Constitutional Convention called into existence by 2/3 of [Tolentino v COMELEC (1971)]. No piecemeal submission,
all members of Congress OR the electorate, in a referendum e.g. submission of age amendment ahead of other proposed
called for by a majority of all members of Congress. 11 amendments. [Tolentino, supra]
3. People (through a Peoples Initiative) petition of at least
12% of the total number of registered voters; every legislative Judicial Review of Amendments
distinct must be represented by at least 3% of the registered The validity of the process of amendment is not a political
voters therein. question because the Court must review if constitutional
a. Limitation on Initiative: No amendment in this manner processes were followed [Lambino]
shall be authorized (1) within 5 years following the
ratification of the 1987 Cont. nor (2) more often than SELF EXECUTING AND NON SELF-EXECUTING
once every 5 years thereafter. Self-executing provisions which are complete in themselves
b. Enabling Law: Constitutional provision on amendments and do not need enabling legislation for their operation ;
via Peoples Initiative not self-executory [Santiago v judicially enforceable per se. The nature and extent of the right
COMELEC] conferred and the liability imposed are fixed by the constitution
itself (Manila Prince Hotel v GSIS 1997)
STEPS IN THE AMENDATORY PROCESS
1. Proposal the adoption of the suggested change in the *General Presumption: All provisions of the Constitution are
Constitution self-executing [Id.]
a) Congress (as a Constituent Assembly)
b) Constitutional Convention Exemption: Statements of general principles, such as those in
c) People (through a Peoples Initiative) Art. II are usually non self-executing. (Id.) Other examples in

11
Sec. 3 Art. XVII, 1987 CONSTITUTION OF THE REPUBLIC OF THE P HILIPPINES.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 5 of 16

jurisprudence: constitutional provisions on personal dignity, (c) May not be appointed or designated to a civilian position in
sanctity of family life, vital role of the youth in nation-building, the government including GOCCs or their subsidiaries
values of education, social justice and human rights, promotion (d) Laws on retirement of military officers shall not allow
of total human liberation and development are merely extension of their service
guidelines for legislation (e) Recruited proportionately from all provinces and cities as far
as practicable
Non-Self-executing provisions which merely lay down a (f) Tour of duty of the Chief of Staff shall not exceed three
general principle [Manila Prince, supra] years14

General Rule: The principles in Article II are not intended to be (3) Police Force
self-executing principles ready for enforcement through courts. They (a) One police force
are used by the judiciary as aids or as guides in the exercise of its (b) National in scope
power of judicial review, and by the legislature in its enactment of (c) Civilian in character
laws (Tanada v Angara, GR No. 118295, May 2, 1997, Espinosa v
Zamora (2001)) (4) Consumer Protection

GENERAL PROVISIONS (5) Mass Media

ART. XVI GENERAL PROVISIONS 12 a. ownership and management limited to
(i) citizens of the Philippines or
(1) Flag of the Philippines (ii) corporations, cooperatives or associations wholly-owned
(a) Red, white and blue, with a sun and three stars and managed by Filipino citizens
(b) Design of the flag may be changed only by constitutional
amendment13 (6) Advertising Industry
(a) Can only be engaged in by (i) Filipino citizens or (ii)
(a) Name of the country, national anthem, and national seal corporations or associations at least 70% of which is owned
(b) May be changed by Congress by law by Filipino citizens
(c) Such law will only take effect upon ratification by the people (b) Participation of foreign investors is limited to their
in a national referendum proportionate share in the capital
(c) Managing officers must be Filipino citizen
(2) Armed Forces of the Philippines
(a) Composed of a citizen armed force PREAMBLE
(b) Shall take an oath of affirmation to uphold and defend the We, the sovereign Filipino, imploring the aid of Almighty God, in order
Constitution to build a just and humane society and establish a government that shall

12 14
Art. XVI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES. Sec. 5(7), Art. XVI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
13
1987 Constitution of the Republic of the Philippines, A Commentary (Joaquin G.
Bernas, S.J.).
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 6 of 16

embody our ideals and aspirations, promote the common good, territory depending on the outcome of said dispute (e.g.
conserve and develop our patrimony, and secure to ourselves and our Sabah)
posterity the blessings of independence and democracy, under the rule c. The territorial sea, seabed, subsoil, insular shelves, and
of law and a regime of truth, justice, freedom, love, equality and peace, other submarine areas corresponding to the first two
do ordain and promulgate this Constitution. This is in consonance with Art. 2 of the 1982
Convention on the Law of the Sea. 18
Objective and Value C. Archipelagic Principle
1.) Tells us who the authors of the Constitution are and for whom a. This is the principle that the Philippines exercises
it was promulgated (i.e. The Filipino People) sovereignty over both its internal waters, but also its
2.) States the general purposes which the Constitution and the territorial sea.
government established under it intend to achieve, and the basic i. Internal Waters: Waters around, between, and
principles underlying the fundamental charter. connecting the islands of the archipelago,
irrespective of their width and dimensions19
ARTICLE I THE NATIONAL TERRITORY ii. Territorial Sea: Every State has the right to
A. It is NOT the Constitution which fixes the extent of Philippine establish the breadth of its territorial sea up to a
territory limit not exceeding 12 nautical miles, measured
a. Silence as regards territories to which the Philippines is from baselines determined in accordance with
entitled under international law is not a waiver or this Convention.20
deprivation of the right to such territories b. Under RA 9522, the Philippines adopts the Straight
b. The constitutional provision is important for Baseline Method to determine its territorial sea.
educational value15 and for the preservation of i. This involves the drawing of straight lines
national wealth, security, and solidarity. 16 connecting appropriate points on the coasts
B. Composition of National Territory without departing to any appreciable extent
a. The Philippine archipelago - That body of water studded from the general direction of the coast.
with islands which is delineated in the Treaty of Paris ii. Baselines are therefore the dividing line between
and modified by the Treaty of Washington. 17 internal waters and territorial waters.
b. All other territories over which the Philippines has iii. This method is different from the Normal
sovereignty or jurisdiction Asserts a legal situation in Baseline Method, which draws its baselines from
which a disputed territory can have a place in Philippine

15 18
1987 Constitution of the Republic of the Philippines, A Commentary (Joaquin G. Sovereignty of Archipelagic States is comprised of not only its archipelagic waters,
Bernas, S.J.), p. 29. but also its territorial waters, the airspace over these territorial waters, and below
16
Ibid., 9. it to the seabed and subsoil.
17 19
The 1973 and 1987 Constitutions omitted mention of these treaties in the hopes Art. I, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
20
of fumigating the provision of all colonial vermin, but the Philippine Archipelago Art. 3, Sec. 2, Part II. Agreement Relating to the Implementation of Part XI of the
corresponds to the territories defined therein. Convention, UN Convention on the Laws of the Sea, available at:
http://www.un.org/depts/los/convention_agreements/texts/unclos/closindx.htm
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 7 of 16

the low water mark, the determination of sovereign, its authority may be exercised
which has no fixed norm. 21 over its entire domain.
c. The state exercises sovereignty over its territorial sea, 2. Concept of Sovereignty as Auto-
subject to the right of innocent passage. Limitation: A state is not precluded
i. Right of Innocent Passage: Passage not from allowing another power to
prejudicial to the interests of the state or participate in the exercise of
contrary to the principles of international law. [jurisdiction] over portions of its
ii. The state has the unilateral right to verify territory [but] it by no means follows
whether or not such passage is innocent in that such areas become impressed with
character. 22 alien character they are not and
cannot be foreign territory. 27
THE PHILIPPINE STATE c. Government that institution or aggregate of
A. Sec. 1, Art. II of the 1987 Constitution declares that the institutions by which an independent society makes and
Philippines is a democratic & republican state, and reinforces carries out those rules of action which are necessary to
the principle that sovereignty resides in the People. enable men to live in a social state... 28
B. A democratic & republican state i. On a national scale, this is the Legislative,
a. Republic a government which derives all its power Executive, and the Judicial departments, in
directly or indirectly from the great body of the people, addition to the local government units through
and administered by persons holding their offices. 23 which those departments exercise their powers.
C. Elements of a State 24 ii. ACCFA v. CUGCO
a. Permanent population A community of persons 1. Government actions are recognized as
sufficient in number and capable of maintaining the either constituent or ministrant; Today,
continued existence of the community and held we recognize these as governmental or
together by a common bond of law. 25 proprietary (see Torio v. Fontanilla)
b. Defined territory Consists of land and waters and the 2. Constituent Functions, are those
airspace above them and the submarine areas below compulsory functions that constitute the
them.26 very bonds of society. According to U.S.
i. Reagan v. CIR President W. Wilson, these are:
1. Nothing is better settled than that the
Philippines being independent and

21 25
J. Bernas, A Commentary, 23. J. Bernas, A Commentary, 40.
22 26
J. Bernas, A Commentary, 26. Ibid., 41.
23 27
1 ARUEGO, The Framing of the Philippine Constitution (1936). Ibid., 41-42.
24 28
Art. 1, 1933 Montevideo Convention on the Rights & Duties of States, available U.S. v. Dorr, 2 Phil. 332, cited in Bacani v. NACOCO, 100 Phil. 468,471 (1956).
at: http://www.cfr.org/sovereignty/montevideo-convention-rights-duties-
states/p15897.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 8 of 16

a. The keeping of order and b. That which is established and

providing for protection of maintained by invading military
persons and property forces
b. The fixing of legal relations c. That which is established as an
between man and wife & parents independent government by the
and children inhabitants of a country who rise
c. The regulation of liabilities for in insurrection against the parent
debt state
d. The determination of contract 2. De jure One established by authority
rights of the legitimate sovereign (i.e. under
e. The definition and punishment of law)
crime d. Capacity to enter into relations with the other states.
f. The administration of justice in (i.e. Sovereignty)
civil cases i. Sovereignty under the Constitution refers to the
g. The determination of political ultimate legal authority
duties, privileges, and relations of ii. The constitution provides that sovereign
citizens authority resides in the people collectively
h. Dealings of the state with foreign 1. However, this is not always directly
powers exercised; It is more commonly
3. Ministrant Functions The optional delegated to the government, & to the
functions of government intended for the people in government in whose hands
promotion of a better life for the the powers of government reside. 29
community (J. Fernando, concurring 2. Villavicencio v. Lukban: Rule of law
opinion). These are: means a government of laws and not of
a. Those things which private capital men. (i.e. sovereignty of the people also
would not naturally undertake includes the concept that government
b. Those things which by its very officials have only the authority given to
nature it is better equipped to them and defined by law, and such
administer for the public welfare authority continues only with the
iii. Classification of Government consent of the people.)
1. De facto One established in defiance of
the legitimate sovereign STATE IMMUNITY
a. Government that usurps by force A. Art. XVI, Sec. 3, 1987 Constitution: The State may not be sued
or by the voice of the majority without its consent.30

29 30
J. Bernas, A Commentary, 55. Sec. 3, Art. XVI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 9 of 16

B. Essentially, a recognition of the legal principle that The king can b. Special Agent: duly
do no wrong. empowered by a definite order
C. A suit is against the estate when it is made against: or commission to perform some
a. An unincorporated government agency act or charged with some definite
i. Agencies which are incorporated possess their purpose.
own charters, which may or may not grant the ii. This rule, however, may be relaxed when its
agency the right to sue or be sued (See ATO v. strict application will result in an injustice. (e.g.
Spouses Ramos). ATO v. Spouses Ramos)32
ii. However, this is still to be weighed on the basis b. A government-owned corporation
of the governmental/proprietary test laid down i. However, if the government conducts a
in ACCFA v. CUGCO business operation through an entity set up
1. Principle of Necessary Incident primarily for a business purpose, the entity in
(Mobil Philippines v. Customs Arrastre question enjoys no immunity even if there is no
Service) where a government agency express grant of authority to sue of be sued. 33
performs a proprietary function which is ii. This is because when the state engages in
nonetheless a necessary incident to the ordinary business operations, the state abdicates
performance of a governmental function, is sovereign prerogative. 34
it is immune from suit. 1. Take note that this is with exception to
b. A government officer the necessary incident rule laid out in the
i. Where the government has no interest to Mobil Philippines case.
protect in the suit, (i.e. that it requires no E. Waiver of Immunity
affirmative official action)31 it is merely a suit a. The state may waive its immunity expressly or impliedly.
against a private individual (who simply happens i. Express Waiver
to be a public officer) 1. This may be made through a special law
ii. This does not apply when the state is made a authorizing a named individual to bring
party on record, or must necessarily be a party suit for a certain claim (e.g. E. Merritt)
on record to achieve the suitors desired 2. It may also be done through a general
outcome law, authorizing any person who meets
D. E. Merritt v. Government of the Philippine Islands with the stated conditions to sue the
a. the State is only liable for government according to that law. (e.g.
the acts of its agents, officers and Art. IX-A, Sec. 7, 1987 Constitution of
employees when they act as the Philippines)
special agent 3. Implied waiver

31 33
J. Bernas, A Commentary, 1325. Ibid., 1329.
32 34
Ibid., 1328. J. Bernas, A Commentary, 1329.
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4. There is implied waiver in the following Ortega v. City of Cebu; Heirs of Rallos v. City of
cases: Cebu).
a. Waiver through Contract:
Where the government enters GENERAL PRINCIPLES & STATE POLICIES
into a contract.
b. Waiver through Suit: Where the Republicanism
government takes initiative in a PRINCIPLE OF REPUBLICANISM The Philippines is a
suit against a private party (e.g. democratic and republican State. Sovereignty resides in the people and
Republic v. Sandiganbayan (2nd all government authority emanates from them. (Art. II, Sec. 1)
Division)); Note that this is
different from motions in Republican Government 37
intervention or where the law A government which derives its authority from the people, who
requires state intervention (e.g. run such government through their chosen representatives
Petitions for Nullity of Marriage) who, in turn, are accountable to the sovereign will of the
c. Waiver through Enterprise: people.
Where the government They derive their mandate from the people who elect them for
authorizes an agency not to a period or a term that is fixed by law.
maintain a necessary function of They cannot, strictly speaking, go against the specific authority
government, but to run a and sovereign will of the people for they are precisely the
business. source of all government authority and are merely the trustees
b. There is a distinction between suability, liability, and who are expected to act for and in their behalf and for their
execution. benefit.
i. The non-suability of the state is the rule;
Exceptions may be granted as above, but they Characteristics of a republican government:
cannot function as a conceding of liability (i.e. 1. Representation
guilt)35 (e.g. E. Merritt v. Government of the 2. Accountability
Philippine Islands) 3. Transparency
ii. Liability must still be determined in a court of Ours is a government of laws and not of men (Villavicencio v. Lukban,
law. March 15, 1919)
iii. The execution of judgements against the state is
only possible through a submission of a International Law in the Philippines
judgement to the Commission on Audit, in
consonance with the Constitution36 (Spouses

35 37
Ibid., 1333. Secs. 1 and 4 of Art. II; Sec. 1, Art. XI
36
Art. I, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: No money shall
be paid out of the Treasury except in pursuance of an appropriation made by law.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 11 of 16

Doctrine of Incorporation (adopts the generally Compulsory Military and Civil Service
accepted principles of international law as part of the law of the The prime duty of the Government is to serve and protect the
land) people. The Government may call upon the people to defend
o No law is required for the incorporation of generally the State and, in the fulfillment thereof, all citizens may be
accepted international law in the Philippines required, under conditions provided by law, to render personal
Doctrine of Transformation military, or civil service. (Art. II, Sec. 4)
o Generally accepted principles of international law are
localized through legislation. (Agustin v. Edu, March 26, Peace and Order, General Welfare
1949) The maintenance of peace and order, the protection of life,
International Law by its effectivity: liberty, and property, and the promotion of the general welfare
o Hard Law - Legally binding; requires senate are essential for the enjoyment by all the people of the blessings
concurrence (e.g. treaties) of democracy. (Art. II, Sec. 5)
o Soft Law - non binding; quasi-legal instruments which
require state action to be effective. Difference of Armed Forces of the Philippines and Philippine
In case of conflict between International Law and National Police (Manalo v. Sistoza, August 11, 1999)
Municipal Law AFP - defends the Philippines externally; The President is their
1. Harmonize them to give effect to both commander-in-chief; they are tried in a General Court Martial
2. If irreconcilable, municipal law should be upheld because it PNP - they direct and control protection strategies in the
represented an exercise of the police power, which, being country internally; they follow the Pesident as their Chief
inherent, could not be bargained away or surrendered Executive
through the medium of treaty. (Ichong v. Hernandez, May
31, 1957) Separation of Church and State
The separation of Church and State shall be inviolable (Art. II, Sec. 6)
Civilian Supremacy
Civilian authority is, at all times, supreme over the military. The 2 Principal Parts: (Art. III, Sec. 5)
Armed Forces of the Philippines (AFP) is the protector of the 1. Non-establishment clause The state may not set up or
people and the State. Its goal is to secure the sovereignty of the promote a church, religion, or belief
State and the integrity of the national territory. (Art. II, Sec. 3) EXC: Art. VI, Sec. 28(3), Art. VI, Sec. 1(2), Art. XIV, Sec. 3(3)
2. Free exercise clause The freedom to believe is absolute; The
Ensured by: freedom to act may be limited for public order & public policy
1. The installation of the President, the highest civilian authority,
as the commander-in-chief of all the AFP (Art. VII, Sec. 18) Social Justice
2. The requirement that members of the AFP swear to uphold and The State shall promote social justice in all phases of national
defend the Constitution, which is the fundamental law of the development (Art. II, Sec. 10)
civil government (Art. XVI, Sec. 5, par. 1) Social justice is neither communism, nor despotism, nor
atomism, nor anarchy, but the humanization of laws and the
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 12 of 16

equalization of social and economic forces by the State so that

justice in its rational and objectively secular conception may at SEPARATION OF POWERS
least be approximated. (Calalang v. Williams, December 2, Separation of powers a fundamental principle of our system of
1940) government which is founded on the belief that, by establishing
equilibrium among the three power holders, harmony will
Right to Life of the Unborn result, power will not be concentrated and thus tyranny will be
The State shall equally protect the life of the mother and the avoided. 38
life of the unborn from conception (Art. II, Sec. 12) Each department of the government has exclusive cognizance
The protection accorded to the unborn starts from conception of matters within its jurisdiction, and is supreme within its own
which is equivalent to fertilization (Imbong v. Ochoa, April 8, sphere.
2014) o But it does not follow from the fact that the three
powers are to be kept separate and distinct that the
Right to a Balanced and Healthful Ecology Constitution intended them to be absolutely
**Intergenerational Responsibility unrestrained and independent of each other.
The State shall protect and advance the right of the people to a o The Constitution has provided for an elaborate system
balanced and healthful ecology in accord with the rhythm and of checks and balances to secure coordination and
harmony of nature (Art. II, Sec. 16) cooperation in the workings of the various departments
Generally, the provisions of Article II of the 1987 Constitution of the government.
do not confer rights as they are merely declaration of principles Separation of powers is not expressly provided for in the
and policies. However, the right to a balanced and healthful Constitution, but it obtains from actual division found in Section
ecology enunciated in Article II, Sec. 16 gives rise to a cause of 1 of Articles VI, VII, VIII, where the three great powers of the
action that may be enforced by any citizen. The right to health government are canalized.
and to a balanced and healthful ecology is a right that can exist
independent of any constitutional grant or recognition. This CHECKS AND BALANCES
right emanates from being a human. (Oposa v. Factoran, July 30, Principle of Checks and Balances
1993) o This allows one department to resist encroachments
upon its prerogative or to rectify mistakes or excesses
Civilian Home Defense Forces committed by the other departments.
Private armies and other armed groups not recognized by duly o The first and safest criterion to determine whether a
constituted authority shall be dismantled. All paramilitary given power has been validly exercised by a particular
forces, including Civilian Home Defense Forces not consistent department is whether or not the power has been
with the citizen armed force established in this Constitution, constitutionally conferred upon the department claiming
shall be dissolved or where appropriate, converted to the its exercisesince the conferment is usually done
regular force. (Art. XVIII, Sec. 24) expressly.

38
J. Bernas, A Commentary.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 13 of 16

Doctrine of Necessary Implication Justiciable question implies a given right, legally demandable and
Even in the absence of express enforceable, an act or omission violative of such right, and a
conferment, the exercise of the power remedy granted and sanctioned by law for said breach of right.
may be justified where the act is done in (Casibang vs. Aquino, 92 SCRA 642).
exercise of powers which may o Tatad vs. Secretary of Energy, supra.: The Supreme
reasonably be inferred from the express Court ruled that what the petitioners raised were
grant. justiciable questions, considering that the statement of
Executive Check and Balance facts and definition of provisions infringe the
o For example, the Chief Executive under our Constitution and not because the law lacks wisdom.
Constitution required to check on the legislative power o Tanada vs. Angara, supra.: The petition seeking
to enact laws in the form of his veto power. nullification of the Senate concurrence of the Presidents
o The President has also the right to convene the ratification of the Agreement establishing the World
Assembly in special session whenever he chooses. Trade Organization (WTO), was held to present a
Legislative Check and Balance justiciable controversy, because where an action is
o the National Assembly operates as a check on the alleged to infringe the Constitution, it becomes not only
Executive in the sense that its consent through its the right but the duty of the judiciary to settle the
Commission on Appointments is necessary in the dispute.
appointments of certain officers; and the concurrence of Political question connotes a question of policy. It refers to
a majority of all its members is essential to the those questions which under the Constitution, are to be
conclusion of treaties. decided by the people in their sovereign capacity, or in regard
o Furthermore, in its power to determine what courts to which full discretionary authority has been delegated to the
other than the Supreme Court shall be established, to legislative or executive branch of government.
define their jurisdiction and to appropriate funds for It is concerned with issues dependent upon the wisdom, not
their support, the National Assembly controls the legality, of a particular measure (Tanada vs Cuenco, 100 Phil
judicial department to a certain extent. The Assembly 1101).
also exercises the judicial power of trying
impeachments. Principle of Blending of Powers - Instances when powers are not
Judicial Check and Balance confined exclusively within one department but are assigned to or
o The judiciary as a whole, and the Supreme Court as the shared by several departments (Nachura, supra at 74).
final arbiter, effectively checks the other departments in
the exercise of its power to determine the law, and The Inherent Powers of the State
hence to declare executive and legislative acts void if 1. Police Power
violative of the Constitution (Angara v. Electoral 2. Power of Eminent Domain
Commission). 3. Power of Taxation

Political and Justiciable Questions

Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 14 of 16

cannot be further delegated by the different government departments

to some other branch or instrumentality of the government.

Exceptions: Permissible Delegations (PETAL)

(1) Subordinate legislation made by administrative agencies
Under the theory of Administrative Law, what is delegated is in
fact not law-making power, but law executing power.
Hence, administrative agencies have the power to fill up the
details of a statute passed by Congress in the course of its
implementation.
(2) Delegated legislative power to local governments Local
governments may be allowed to legislate on purely local
matters. 39
(3) Legislative power reserved to the people by the provision on
initiative and referendum. 40
(4) Emergency power delegated to the Executive during State of
War or National Emergency41
(5) Certain taxing powers of the President. 42 The Congress may
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.
DELEGATION OF POWERS
General Rule: Potestas delegate non delegari what has been delegated Tests for Valid Delegation:
can no longer be delegated; based on the principle that delegated (1) Completeness test
power constitutes not only a right but a duty to be performed by the a. A law validly delegates power where it sets forth the
delegate through the instrumentality of his own judgement and not policy to be executed, carried out, or implemented by
through the intervening mind of another. the delegate (Abakada Guro v. Purisima), such that there
A further delegation of such power would constitute a negation is nothing left for the delegate to do but to enforce the
of this duty in violation of the trust reposed in the delegate law [Pelaez vs. Auditor General, 1965].
mandated to discharge it directly (Cruz, supra 91) (2) Sufficient standard test
Rationale: Since the powers of the government have been delegated a. A law validly delegates power where there is a sufficient
to them by the people, who possess original sovereignty, these powers standard to map out the boundaries of the delegates

39 41
Sec. 9 & 20, Art. IX, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINE. Sec. 23(2), Art. VI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
40 42
Sec.1, Art. VI, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: Sec. 28(2), Art. II, 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 15 of 16

authority by defining the legislative policy and indicating 1. De Jure- Government which is placed in power following legal /
the circumstances under which it is to be pursued and constitutional processes.
effected. The government under Cory Aquino and the Freedom Constitution
b. This is intended to prevent a local transference of is a de jure government. It was established by authority of the
legislative power from the legislature to the delegate. legitimate sovereign, the people. It was a revolutionary government
The standard is usually indicated in the law delegating established in defiance of the 1973 Constitution. (In Re Letter of
legislative power (Ynot vs. Intermediate Court, supra; Associate Justice Puno, 210 SCRA 589 (1992).
de la Liana vs. Alba, 112 SCRA 294; Demetria vs. Alba,
148 SCRA 208; Lozano vs. Martinez, 146 SCRA 323). 2. De Facto- a government that actually exercises power or control
c. This means that the law indicates the circumstances but without legal title.
under which the legislative command is to be effected
(Edu vs. Ericta, 1970). Three Kinds of De Facto Government:

NOTE: BOTH tests must be complied with (Pelaez, supra). The a) The government that gets possession and control or, or usurps, by
legislature may leave to another body the ascertainment of facts force or by the voice of majority, the rightful legal government and
necessary to bring the law into actual operation (Abakada v. maintains itself against the will of the latter (such as the government of
Ermita, 2005). England under the Commonwealth, first by Parliament and later by
Cromwell as Protector).
FORMS OF GOVERNMENT
Government is that institution or aggregate of institutions by which b) Established and maintained by invading military forces. That
an independent society makes and carries out those rules of action established as an independent government by the inhabitants of a
which are necessary to enable men to live in a social state or which are country who rise in insurrection against the parent state (Such as the
imposed upon the people forming that society by those who possess government of the Southern Confederacy in revolt against the Union
the power or authority of prescribing them (US v. Dorr, 1903). during the war of secession in the United States).

Government of the Philippines - refers to the corporate governmental c) Government of paramount force. That which is established and
entity through which the functions of the government are exercised maintained by military forces who invade and occupy a territory of
throughout the Philippines, including, save as the contrary appears from enemy in the course of war.92 (Such as the cases of Castine in Maine,
the context, the various arms through which political authority is made which was reduced to a British possession in the war of 1812, and
effective in the Philippines, whether pertaining to the autonomous Tampico, Mexico, occupied during the war with Mexico by the troops
regions, the provincial, city, municipal or barangay subdivisions or other of the US.) (Co Kim Chan vs. Valdez , 75 Phil 113)
forms of local government.
Patterns of Government:
Classifications of Governments according to Legitimacy:
1. Direct democracy When the people, organized as the
electorate, are the preponderant power holder.
Barcelona, Bautista, Ong, Tenajeros Constitutional Law I Midterm Reviewer Page 16 of 16

2. Assembly government The parliament as the 4. The government or cabinet remains in power only for so long
representation of the people is the ascendant power holder. as it enjoys the support of the majority of the legislature.
3. Parliamentarism An equilibrium between the independent 5. Both government and legislature are possessed of control
power holders, parliament and government, is attempted by devices which each can demand of the other immediate political
integrating the latter into the former. responsibility. In the hands of the legislature is the vote of non-
4. Presidentialism The independent power holders are kept confidence (censure) whereby government may be ousted. In
separated but are constitutionally obligated to corporate for the hands of the government is the power to dissolve the
the formation of the will of the state. legislature and call for new elections
5. Directory government A pattern of government unique to
the Swiss government with a collegiate structure of the As to Centralization of Control:
governmental power holder. Unitary Government one in which the control of national and
local affairs is exercised by the central or national government; single,
Concentration of Powers in a Governmental Branch: centralized government exercising powers over the internal and
Presidential v. Parliamentary Form of Government external affairs of the state.

Presidential- There is separation of legislative and executive powers. Federal Government- one in which the powers of the government
The first is lodged in the President and the second is vested in are divided between 2 sets of organs, one for national affairs, and the
Congress. It embodies interdependence by separation and other for local affairs. Each organ being supreme within its own sphere.,
coordination. emerged into a single stat, with the national government exercising a
The presidential form of governments identifying feature is what is limited degree of power over the domestic affairs but generally full
called the separation of powers. discretion of the external affairs of the state.

Parliamentary- There is fusion of both executive and legislative powers Doctrine of Parens Patriaethe government as guardian of the
in Parliament, although the actual exercise of the executive powers is rights of the people may initiate legal actions for and in behalf of
vested in a Prime Minister who is chosen by, and accountable to, particular individual. (Government of the Philippine Islands vs. Monte
Parliament. It embodies interdependence by integration. de Piedad, 35 SCRA 738; Cabaas vs. Pilapil, 58 SCRA 94)

Essential Characteristics of a Parliamentary Form of Revolutionary Government- bound by no constitution or legal

Government: limitations except treaty obligations that the revolutionary government
1. The members of the government or cabinet or the executive are the de jure government in the Philippines, assumed under
arm are, as a rule, simultaneously members of the legislature international law.
2. The government or cabinet consisting of the political leaders of
the majority party or of a coalition who are also members of
the legislature, is in effect a committee of the legislature.
3. The government or cabinet has a pyramidal structure at the
apex of which is the Prime Minister or his equivalent.