Constitution 1 Notes Midterms

Constitution 1 Notes
Midterms Coverage (Consolidated Notes from Ursal, Nachura, Bernas & Sir Largo)
Atty Daryl Bretch Largo
TYPES OF CONSTITUTIONAL LAW
I. Political Law 1. English type - Characterized by the absence of a written constitution.
2. European continental type – A written constitution w/c gives the court no
A. POLITICAL LAW power to declare ineffective statutes repugnant to it.
- A branch of public law which deals with the organization and operations of the 3. American type - Legal provisions of the written constitution are given effect
governmental organs of the State and defines the relations of the State with the through the power of the courts to declare ineffective or void ordinary
inhabitants of its territory (People vs Perfecto; Macariola vs Asuncion) statutes repugnant to it.
What is Public Law? C. CONSTITUTIONAL DEMOCRACY

-Deals with matters affecting the State, its agencies and protection of state - A form of government in which the sovereign power of the people is spelled out in
interests. Kinds: Political law, criminal law, public international law a governing constitution.
- A system of government based on popular sovereignty in which the structures,
What is Private Law? powers, and limits of government are set forth in a constitution.
-Deals with the regulation of the conduct of private individuals with one
another. Kinds: civil law, commercial law. CONSTITUTIONALISM
- The central purpose of constitutionalism: is to limit the governmental
B. BRANCHES OF POLITICAL LAW power—to check and restrain the persons who hold public office and
1. Constitutional Law - constitution + jurisprudence exercise political authority.
2. Administrative Law -That is why it has been said that the constitution is not actually the ‘source’
3. Law on Public Administration of governmental powers, but is in fact the ‘limitation’ to these powers,
4. Law on Public Corporations which would otherwise be unlimited.
5. Law on Elections -The doctrine or system of government in which the governing power is
-Constitutional law 1 (powers and structure of Philippine Government) limited by enforceable rules of law and concentration of power is limited by
Constitutional law 2 (inherent powers of the state and the bill of rights) various checks and balances so that the basic rights of individuals and groups
are protected.
Constitutional Law
- Constitutional law is a term used to designate the law embodied in the D. CONSTITUTION
constitution and the legal principles growing out of the interpretation and - That body of rules and maxims in accordance with which the power of sovereignty
application made by courts of the constitution in specific cases. are habitually exercised (Cooley, Constitutional Limitations)
-The study of the maintenance of the proper balance between authority as -Meaning of “in accordance with which”= powers are established (by prescribing
represented by the three inherent powers of the State and liberty as framework), limited (by assigning the powers), and defined (by establishing fixed
guaranteed by the Bill of Rights [Cruz, Constitutional Law) principles).
-That written instrument enacted by direct action of the people by which the
Administrative Law fundamental powers of the government are established, limited and defined, and by
-That branch of public law which fixes the organization of government, which those powers are distributed among the several departments for their safe
determines the competence of the administrative authorities who execute and useful exercise for the benefit of the body politic [Malcolm, Philippine
the law, and indicates to the individual remedies for the violation of his Constitutional Law)
rights. - Puts limitations to the powers of government rather than being the source of
powers.
Nicole Ann Ponce

Elven Princess of Rivendell
Subordinates:
- Acts of Congress MEANING, PURPOSE AND ROLE OF A CONSTITUTION
- Acts of the President - To prescribe the permanent framework of a system of government, to assign to the
- Decisions of the Congress several departments their respective powers and duties, and to establish certain first
principles on which government is founded.
Constitutional Supremacy
-It is higher than and takes precedence over all other laws and acts THE DOCTRINE SUPREMACY OF THE CONSTITUTION
-Supreme, imperious and absolute; no amount of nobility in one’s act can - It is a supreme law to which all other laws must conform and in accordance with
justify non-compliance of the Constitution which all private rights must be determined and all public authority administered.
-Prescribes framework, assigns power and establshes fixed principles - If a law violates any norm of the constitution, that law is null and void; it has no
-Deemed written into every law and every contract. effect. (This is an overstatement, for a law held unconstitutional is not always wholly
a nullity)
THE SOCIAL CONTRACT THEORY - It is a proposition too plain to be contested, that the Constitution controls any
- We obey laws because we have a covenant or agreement between the people. legislative act repugnant to it.
- It is with consent. - Constitutional supremacy produced judicial review.
Theory - is trying to explain something; is trying to answer a question or query CLASSIFICATIONS OF CONSTITUTIONS
A. (1) Rigid - is one that can be amended only by a formal and usually difficult process;
1. Thomas Hobbes cumbersome; subject to ratification
- true state of nature is warlike, nasty etc. (2) Flexible - is one that can be changed by ordinary legislation; easier
- surrender our rights to people higher than us for them to establish governance B. (1) Written (Codified) - is one whose precepts are embodied in one document or
- totalitarian set of documents; codified
- authoritarian (2) Unwritten (Uncodified)- consists of rules which have not been integrated into
a single, concrete form but are scattered in various sources, such as statutes of a
2. John Locke fundamental character, judicial decisions, commentaries of publicists, customs and
- true state of nature is not warlike, nasty etc. traditions, and certain common law principles; uncodified
- man is supposed to be governed by natural laws C. (1) Evolved (cumulative) - or cumulative is the result of political evolution, not
- concerned about property rights inaugurated at any specific time but changing by accretion rather than by systematic
- political authority is conditional method
- we can use our inherent rights to replace our government (2) Enacted (conventional) - or conventional constitution is enacted, formally
- government should be limited struck off at a definitive time and place following a conscious or deliberate effort
taken by a constituent body or ruler
3. Jean-Jacques Rousseau D. (1) Normative - adjusts to norms
- The contract liberates people from the rude state of nature. (2) Nominal - not yet fully operational
- Socialistic view of the relationship between the individual and society. (3) Semantic - perpetuation of power
- The contract does not change people or their rights, but rather it offers guarantees.
- It guarantees “individualism” by prohibiting excessive individualism or self-interest. Note: The Constitution of the Philippines is written, conventional and rigid.
- People empower the state by their contract with the ruler.
- The citizens give the state (and society) complete control over themselves and their
(individual) possessions.
Nicole Ann Ponce
PRESUMPTIONS IN CONSTITUTIONAL INTERPRETATION
ESSENTIAL QUALITIES OF A GOOD WRITTEN CONSTITUTION 1. Constitution is Self-Executing - a constitutional provision is self-executing if the
1. Broad - it provides for the organization of the entire government and covers all nature and extent of the right conferred and the liability imposed are fixed by the
persons and things within the territory of the State and also because it must be constitution itself, so that they can be determined by an examination and
comprehensive enough to provide for every contingency construction of its terms, and there is no language indicating that the subject is
2. Brief - must confine itself to basic principles to be implemented w/ legislative referred to the legislature for action. (Manila Prince Hotel vs. GSIS)
details more adjustable to change and easier to amend 2. Constitution is Mandatory – obligatory; compulsory; fixed; binding
3. Definite - to prevent ambiguity in its provisions which could result in confusion and 3. Constitution is Prospective – not retroactive; looks forward
divisiveness among the people
Case Doctrine- Political Law
1. Macariola v Asuncion, 1982 (POLITICAL LAW DEFINED)
ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION - against Macariola as she is the sole heir of the first marriage of Francisco
1. Constitution of Government - The series of provisions outlining the organization of Reyes ad Felisa Espiras
the government, enumerating its powers, laying down certain rules relative to its
o project of partition was signed as authorized by plaintiffs and
administration and defining the electorate.
2. Constitution of Liberty - The series of proscriptions setting forth the fundamental defendant through legal representatives
civil and political rights of the citizens and imposing limitations on the powers of o approved by Respondent Judge Asuncion
government as a means of securing the enjoyment of those rights. - Civil Case No. 3010 was amended to give authority to Register of Deeds
3. Constitution of Sovereignty - The provisions pointing out the mode or procedure for transfer certificates
in accordance with which formal changes in the fundamental law may be brought - Lot 1184-E sold to Dr Galapon; March 6, 1965 Dr and wife sold a
about. It has to be changed through the instrumentality of the people.
PORTION of 1184-E to Judge Asuncion and wife
METHODS OF CONSTITUTIONAL INTERPRETATION AND CONSTRUCTION - August 31, 1966: Asuncion and Galapon conveyed shares to “The
Well-settled principles of constitutional construction, namely: Traders Manufacturing and Fishing Industries Inc.” (Judge Asuncion as
1. Verba Legis - plain meaning rule Pres, Wife as Secretary)
- whenever possible the words used in the Constitution must be given their ordinary - Lot in question is not subject of litigation; did not buy lot directly from
meaning except when technical terms are employed (Francisco, Jr. vs. House of Rep.) plaintiffs (no valid evidence to prove that Dr Galapon acted in
- textualist approach or intent mediation)
2. Ratio legis et anima - interpretation according to spirit
- Judges engaging in commerce in Code of Commerce (Article 14)
- words of the Constitution should be interpreted in accordance with the intent of
the framers (Francisco, Jr. vs. House of Rep.) o Since it is political in nature and takes its roots from Spanish
- originalism (intent of the framers; original understanding of the people) law, it is automatically abrogated by virtue of the transfer of
3. Ut magis valeat quam pereat - the constitution has to be interpreted as a whole sovereignty from one sovereign to another unless declared by
affirmative act
- Political Law
o branch of public law that deals with the organization and
operation of governmental organs of the State and defines the
relations of the State with the inhabitant within its territory
Nicole Ann Ponce

o Consti law, law of public corporations, admin law including law o WHERE THE CONSTRUCTION TO BE GIVEN TO A RULE AFFECTS
on public officers and elections PERSONS OTHER THAN MEMBERS OF THE LEGISLATURE, THE
QUESTION BECOMES JUDICIAL
2. Francisco v House of Rep, 2003 (METHODS OF CONSTITUTIONAL - Judicial Supremacy
INTERPRETATION AND CONSTRUCTION) o power of judicial review under the Constitution
- July 22, 2002: adoption of a resolution by Rep. Fuentebella to the Com o expanded certiorari jurisdiction
on Justice to conduct investigation against Chief Justice on o Constitution did NOT leave matter of impeachment to the sole
disbursements and expenditures of Judiciary Devt Fund (JDF) discretion of the Congress but provided for well-defined
- June 2, 2003: Former Pres Estrada filed impeachment complaint (first) LIMITS that are JUDICIALLY DISCOVERABLE STANDARDS
against Chief Justice and 7 Associate Justices (culpable violation of the - Political Question
Constitution, betrayal of public trust and other high crimes); complaint o “to be decided by the people or in regard to full discretionary
was sufficient in form but voted to dismiss for being insufficient in authority granted to Legislative or Executive”
substance. o role of the judiciary in the Marcos regime was marred
- October 23, 2003: second impeachment complaint was filed by Rep considerably since the Solicitor General set up the defense of
Teodoro and Fuentebella against Chief Justice signed by at least 1/3 of political questions and thus further encouraged the violations
House of Rep in the regime
- Filing of petitions: contend that 2nd impeachment complaint is o courts are duty bound to the constitution to still “check”
unconstitutional and violates Sec 5, Article 11 of Constitution despite it being a political question
o October 28, 2003: motion put forth by House of Rep that 2 nd  “IMPEACHMENT IS A POLITICAL ACTION WHICH
impeachment be formally transmitted to the Senate BUT it was CANNOT ASSUME A JUDICIAL CHARACTER”
not carried because of lack of quorum o NOT A POLITICAL QUESTION WHERE THERE IS A QUESTION AS
- Judicial Review TO WHETHER THE GOVERNMENT HAS AUTHORITY OR HAD
o determine the validity of the second impeachment complaint ABUSED ITS AUTHORITY TO EXTENT OF EXCESS OR LACK OF
o DUTY of the courts to determine whether there has been a JURISDICTION
grave abuse of discretion amounting to lack or excess of  TRULY POLITICAL QUESTIONS ARE BEYOND JUDICIAL
jurisdiction on any branch or instrumentality of the POWER
government  “truly political questions” and “not truly political
o Judicial department to check the proper allocation of powers questions”= JUSTICIABLE POLITICAL QUESTIONS and
o asserts the solemn and sacred obligation assigned to it by the NON-JUSTICIABLE POLITICAL QUESTIONS
Constitution to determine conflicting claims of authority  E.g. truly political question= determination of what
- Judicial Restraint constitutes an impeachable offense
o Judicial review includes power of review over justiciable issues o JUDICIAL POWER IS NOT ONLY A POWER BUT A DUTY THAT
in impeachment proceedings CANNOT BE ABDICATED BY “POLITICAL QUESTION DOCTRINE”
o May refrain if personal biases or interests may interfere - Validity of 2nd Impeachment Case
o Cannot abandon duty just because it may start a crisis o initiation takes place in filing of case
Nicole Ann Ponce
o Second Impeachment is barred - House= Impeachment Proceedings; Senate= Impeachment Case
- Doctrine of the separation of powers o Filing of complaint by citizen or member
o not absolute autonomy o Forward to Com on Justice; approve or dismiss; forward to
- Doctrine of checks and balances house
o performed by the judicial department o Vote by House (1/3 of all members)
o temper official acts of branches without destroying their o Transmit to Senate
indispensable co-equality - To turn to the Constitution for constitutional construction:
- Article XI (Accountability of Public Officers) o Words be given their ordinary meaning EXCEPT when technical
o Pres, VP, ConCom, Supreme Court and Ombudsman may be terms are employed
removed by impeachment unlike other public officers  language be understood in the sense they have in
o House of Rep= exclusive power to initiate impeachment cases common use
(though provides for several limitations to exercise such power  framers and people who ratified it MEAN WHAT THEY
e.g. manner of filing, required vote) SAY
 Verified complaint for Impeachment may be filed by  Construe the constitution by what it appears upon its
any Member of the House or by a citizen upon a face
resolution of endorsement by any Member; Referred  MORE ON HOW IT IS UNDERSTOOD BY THE PEOPLE
to the Committee of Justice; THAN IN FRAMERS’ UNDERSTANDING
o Hearing by Committee and by majority vote shall submit to 
House o When there is ambiguity, refer to the intent of the framers
o House vote of at least 1/3 of Members to affirm or override  object sought to be accomplished by its adoption and
Committee evils to be prevented or remedied
 If verified, House will forward Articles of  reason to enact and purpose sought to be
Impeachment to the Senate for trial to proceed accomplished
o No proceeding shall be initiated against the same official more  To be interpreted as a whole
than once within a period of one year  to be in conjunction with all other provisions
o Senate=sole power to try and decide cases (2/3 of all Members not to be separated
of Senate)  interpreted together to effectuate the great
- VERIFIED complaint must be FILED NOT ENDORSED purpose of the instrument
o Act of initiating a complaint includes the act of taking initial  COURT MUST HARMONIZE
action on the complaint  Consult to the debates and proceedings of the
o initiate=file a complaint ConCon ONLY when other guides fail because they are
o Beginning= filing of complaint and referral to Com on Justice powerless when the MEANING IS CLEAR
o Middle= deliberative moments and formulation of Articles of
Impeachment 3. Manila Prince Hotel v GSIS, 1997 (CONSTITUTION IS SELF-EXECUTING)
o End= transmittal of articles to Senate
Nicole Ann Ponce
- GSIS sells through public bidding 51% of shares of Manila Hotel o Rights enforces itself by its own inherent potency and
Corporation puissance
- Qualified bidders were: Manila Prince Hotel and Renong Berhad - Not self-executing
(Malaysian firm) o usually lays down general principle
o MPH matched bid price of Php 44 per share which respondent o expressly provided when legislative act is necessary to enforce
refused to accept constitutional mandate
 Petitioner argues: Manila Hotel has become part of
our history and has constituted part of national
patrimony. Since it is run by GSIS, it contributed to I. Amendments and Revisions
national economy
- “Filipino First Policy”
A. Methods of Changing the Constitution
o grant of rights, privileges and concessions covering the
1. The Congress acting as a Constituent Assembly – Art 17 Sec 1(1); Amendments
National Economy and Patrimony, the state shall give and Revisions
preference to qualified Filipinos  ¾ of all its members voting separately
 Patrimony is not only on natural resources but  There were instances in which the Senate and HR will convene and vote as
embedded in our cultural heritage a whole (during the Martial Law)
- Constitution  Since nothing is said about a joint session, it is submitted that each House
o system of fundamental laws for the governance and may separately formulate amendments by a vote of ¾ of all its member,
and then pass it on to the other House for a similar process, and
administration of a nation
disagreement can be settled through a conference committee.
o supreme, imperious, absolute and unalterable except by the 2. A Constitutional Convention- Art 17 Sec 1 (2); Amendments and Revisions
authority from which it emanates Art 17, Sec 1(3)
o FUNDAMENTAL AND PARAMOUNT LAW OF THE NATION  The Congress by a vote of 2/3 of all the members, call a Constitutional
o permanent framework of a system of government, assigns Convention. Congress will then create a law that will contain the ff:
respective powers and duties to departments a. Number of delegates
o establishes certain fixed principles government is founded b. The manner by which they would be chosen
c. Salary
o supreme law to which other laws must conform
d. Qualifications
o in accordance with which all private rights must be determined e. Timeline
and public authority administered  or by a majority of all its members submit to the electorate (a
o null and void if it does not conform plebiscite) the question of calling such convention
- Self-executing provision 3. People’s Initiative- Art 17, Sec 1(2); Amendments
o complete in itself; usually all rules unless expressly provided  Proposed directly by the people themselves
o operative without the aid of enabling legislation, supplies  Petition of at least 12 per centum of the total number of registered voters
sufficient rule of which every legislative district must be represented by at least 3 per
centum of the registred voters therein.
o Can be self-executing in one part and not self-executing in
another
Nicole Ann Ponce
 Limitation: No amendment under this section shall be authorized within 5 (h) The appeal from any decision of the Comelec
years following the ratification of this Constitution nor ofteneer than 1 (i) The holding of plebiscite, and
every 5 years. (j) The appropriation of funds for such people’s initiative
 The constitutional provision on people’s initiative to amend the
Constitution can only be implemented by law to be passed by Congress. Note: Since the Constitution is about what method to be used, under the
No such law has been passed. (Santiago vs Comelec) ‘political questions’ doctrine, the Congress shall decide on what method is to
 Procedure: The essence of amendments directly proposed by the people be used.
through initiative upon a petition is that the entire proposal on its face, is
a petition of the people B. Amendment vs Revision
Two essential elements must be present:
1. The people must author and sign the entire proposal; no agent Amendment- an alteration of one or a few specific provisions of the
or representative can sign in their behalf Constitution. Its main purpose is to improve specific provisions of the
2. As an initiative upon a petition, the proposal must be embodied Constitution. The changes being brought about by amendments will not affect
in the petition (a loose interpretation of the subscription the other provisions of the Constitution.
requirement would pose a significant potential for fraud -The guiding original intention of an amendment is to improve
There are 3 systems of initiative: specific parts or to add new provisions deemed necessary to meet
1. Initiative on the Constitution- refers to a petition proposing new conditions or to suppress specific portions that may have
amendments to the Constitution become obsolete or that are judged to be dangerous.
2. Initiative on Statutes- refers to a petition proposing to enact a
national legislation Revision- An examination of the entire Constitution to determine how and to
3. Initiative on local legislation- refers to a petition proposing to what extent it should be altered. A revision implies substantive change, affecting
enact a regional, provincial, city, municipal or barangay law, the Constitution as a whole.
resolution or ordinance. -The guiding original intention and plan contemplates a re-
*Indirect Initiative- is exercise of initiartive by the people through a examination of the entire document, or of provisions of the
proposition sent to Congress or the local legislative body for action. document which have over-all implications for the enite document,
to determine how and to what extent they should be altered.
 The people’s initiative is limited to amendments to the Constitution, not to - Javellana Doctrine: “Revision” may involve a rewriting of the
revision thereof. Extending or lifting of term limits constitutes a revision whole Constitution. The 1973 Constitution is not a mere
and is, therefore, outide the power of the people’s initiative. (Santiago vs amendment to the 1935 Constitution . ‘It is a completely new
Comelec) fundamental charter embodying new political, social and economic
(a) The proper partied who may file the petition, concepts.
(b) The appropriate agency before whom the petition is to be filed, - Sovereign Structure: It is the amendatory and revision process
(c) The contents of the petition originally sealed with the approval of the sovereign people.
(d) The publication of the same -Constitution of Sovereignty: Defines the Constitutional meaning of
(e) The ways and means of gathering the signatures of trhe voters ‘sovereignty of the people’
nationwide and 3% per legislative district Note: The power to propose amendments is given to a bicameral body not a
(f) The proper parties who may oppose or question the veracity of the unicameral body it is essential that both house vote separately
signatures and the sifficiency of the petition, The Constitution is the protector of the people against injury by the
(g) The role of the Comelec in the verification of the signatures and the people.
sufficiency of the petititon
Nicole Ann Ponce
i.e – a switch from the presidential system to a parliamentary system a Constitutional Convention, is within the full discretion of the
- a switch from a bicameral system to a unicameral system legislature.
The Lambino Two-Part Test 2. Ratification- held in a plebiscite conducted under the election law (Art 17,
1. Quantitative Test- Asks whether the proposed change is so extensive in Sec 4)
its provisions as to change directly the “substance entirety” of the  The proposed amendment shall become part of the Constitution
Constitution by the deletion or alteration of numerous provisions. The when ratified by a majority of the votes cast in a plebiscite
court examines only the number of provisions affected and does not  Supervided by the Comelec
consider the degree of change. a. Not earlier than 60 days nor later than 90 days
2. Qualitative Test- Inquires into the qualitative effects of the proposed 1. Concon/ConAss- Approval of such amendment or revision
change in the Constitution. The main inquiry is whether the change will by the constituent body
“accomplish such far-reaching changes in the nature of our basic 2. Initiative- The certification of Comelec of the sufficiency
governmental plan as to amount to a revision”. of the petition
 Where only registered voters take part
Note: Revision broadly implies a change that alters a basic principle in the  All proposed amendments/revision made by the constituent
Constitution, like altering the principle of separation of powers or the assemblies must be submitted for ratification in a single plebiscite
system of checks and balances. There is also revision if the change alters the  There cannot be a piece-meal ratification of
substantial entirety of the Constitution, as when the change affects amendment/revisions
substantial provisions of the Constitution. On the other hand, amendment
broadly refers to a change that adds, reduces, or deletes without altering Doctrine of Fair and Proper Submission
the basic principle involved. Revision generally affects several provisions of - Sufficiently inform the people of the amendments to be voted upon, to
the Constitution, while amendment generally affects only the specific conscientiously deliberate thereon and to express their will in a genuine
provision being amended. (Lambino vs. Comelec) manner
- Because the Constitution itself prescribes the timeframe within which the
C. Constituent vs Legislative Power (Imbong vs Comelec) plebiscite is to be held, there can no longer be a question on whether the
Where the Supreme Court declared R.A 6139 constitutional, as it merely time given to the people to determine the merits and demerits of the
provided the details for the implementation of Resolution of Both Houses (RBH) proposed amendment is adequate.
Nos. 2 and 4. - The plebiscite may be held on the same days as regular elections
(Gonzales vs Comelec; Oceana vs Comelec; Almario vs Alba)
- The use of the word ‘election’ in the singular meant that the enite
D. Steps/ Stages in Amendment/ Revision Process Constitution must be submitted for ratification at one plebiscite only;
(P E A R L) furthermore, the people have to be given a ‘proper frame of reference’
in arriving at their decision. Thus, submission for ratification of piece-meal
1. Proposal (3 methods)- there is a process of proposing a change in the amendments by the Constitutional Convention (which is tasked to revise
Constitution (Secs 1-3, Art 17) the Constitution) was disallowed since the people had, at that time, no
A proposed amendment may come from: idea yet of what the rest of the revised Constitution would be (Tolentino
i. Congress v Comelec).
(See Oceana v Comelec) Authority for the principle that the choice of
method of proposal, i.e whether made directly by Congress or through Judicial Review of Amendments/ Revisions
Nicole Ann Ponce

- The power of Judicial review is limited to actual cases and controversies ii. Judicial Review- Only power of the Supreme Court that enables it to
to be exercised after full opportunity of argument by the parties, and check the prerogative and acts of the powers of executive and
limited further to the constitutional question raised or the very lis mota legislative department
(the cause of the suit or action, commencement of the controversy, -Not an assertion of superiority by the courts over the
beginning of the suit presented) Tolentino vs Comelec. other departments, but merely an expression of the
- The question is now regarded as subject to judicial review, because supremacy of the Constitution
invariably, the issue will boil down to whether or not the constitutional -The duty remains to assure that the supremacy of the
provisions had been followed (Sanidad v Comelec; Javellana v Exec Sec). Constitution is upheld. The power is inherent in the
Judicial Department, by virute of the doctrine of
Theories on the Position of Constitutional Convention in relation to the regular separation of powers.
departments of the Government a. Ordinary Judicial Review (Constituional Review)
1. Theory of Conventional Sovereignty  The role and function of the Supreme Court the
-Where the Constitutional Convention is supreme over the other Constitution has been characterized as that of being
departments of the government because the powers it exercises are in the arbiter in allocating the boundaries of powers
the nature of sovereign powers under the Constitution
2. Inferiority of Constitutional Convention  Discretion, but about validity based on the
-Constitutional Convention is considered inferior to the other Constitution
departments of the government and with very limited power purely  If it is a question of wisdom, policy etc, courts will ne
delegated by the people or by a regular constituted legislature. hands off
3. Independence and Co-equality  Political Question Doctrine is strictly followed
-So long as the Constitutional Convention exists and confines itself within  Act is valid if it contravenes the Constitution
the sphere of its jurisdiction, it must be considered an independent and
coordinate department of an existing government. b. Expanded Judicial Review (Extraordinary Certiorari Review)
 The Supreme Court, together with the ordinary
courts, the power and duty to determine, in actual
II. The Judiciary justiciable cases, whether or not there has been a
grave abuse of discretion amounting to lack or exces
A. Judicial Power of jurisdiction on the part of any branch or
 Includes the duty of the courts of justice to settle actual controversies instrumentality of the Government.
involving rights which are legally demandable and enforceable, and to  Involves discretion
determine whether or not there has been grave abuse of discretion
amounting to lack or in excess of jurisdiction on the part of any branch Political Question Doctrine
or instrumentality of the Government -It is a question which, under the Constitution, is to be decided by
 Under the 1987 Constitution of the Philippines, it is vested in one the people in their sovereign capacity, or in regard to which full
Supreme Court and in such courts as may be established by law discretionary authority has been delegated to the legislative or
executive branch of the government. It is concerned with issues
i. Judicial Power Proper- Power to review, revise, reverse, modify, or deoendent upon the wisdom, not legality of a particular measure.
affirm on appeal on certiorari, final judgements and orders of the -To a great degree, the 1987 Constitution has narrowed the reach
courts in cases, constitutionality of a treaty. of the political question doctrine when it expanded the power of
judicial review not only to settle actual controversies involving
Nicole Ann Ponce
rights which are legally demandable and enforceable but also to - As the anchorage of all legitimacy, the Constitution must itself be
determine whether or not there has been a grave abuse of legitimate. Its legitimacy cannot rest on mere conjectures or shaky
discretion amounting to lack or excess of jurisdiction on the part of theories. It cannot simply be assumed. It must rest on solid ground
any branch or instrumentality of the government. if it is to the basis of the legitimacy of all governmental acts and
 Discretion laws that depend on it for their own legitimacy.
 Wisdom
 Policy Doctrine of Separation of Powers
 Efficiency -It operates to maintain the legislative powers to the legislative
 Practicability
department, executive powers to the executive department, and
 Substance (exc.’Jus Cogens’ preemptory norms in the
international law which cannot be derogated, should bind those which are judicial in character to the judiciary. Through this
all states) allocation of powers, the person entrusted shall not be permitted
to encroach upon the power confided to the others, but that each
shall, by the law of its creation, be limited to the exercise of the
The Doctrine of the Supremacy of the Constitution powers appropriate to its own department and no other. There
“The Constitution is the basic and paramount law to which must be independence and equity of the several departments.
all other laws must conform and to which all persons, including the
-The separation of powers however should not be interpreted as
highest officials of the land, must defer. No act shall be valid,
however nobly intentioned, if it conflicts with the Constitution. The complete separation and absolute exclusion. The doctrine carries
Constitution must ever remain supreme. All must bow to the that although the three branches are not subject to the control by
mandate of this law. Expediency must not be allowed to sap its either of the others and each is supreme within its own sphere,
strength nor greed for power debase its rectitude. Right or wrong, they are still equal and coordinate. Equal because they all derive
the Constitution must be upheld as long as it has not been changed their powers from the same common sovereign through the
by the sovereign people lest its disregard result in the usurpation of constitution. And coordinate because they cannot simply ignore
the majesty of the law by the pretenders to illegitimate power.”
the acts done by other departments as nugatory and not binding.
- The Constitution is the basis of the validity of all laws and
B How Judical Review is Exercised
governmental acts. It is the basis of the legitimacy of the very
existence of government. It is the basis of the legitimacy of the
 -The duty is part of the judicial power vested in the courts by an
exercise by government of powers that interfere with personal
express grant under Sec 1, Art 8 of the Constitution
autonomy and liberty. It is the anchorage of all legitimacy.
 -Explicit constitutional recognition of the power is also found in Sec
- The Constitution does not become legitimate just because it is a
4(2), Art 8: “all cases involving the constitutionality of a treaty,
constitution and while it cannot be unconstitutional, it can
international or executive agreement, or law which shall be heard
however be illegitimate. Constitutionality therefore is one thing
by the Supreme Court en banc, including those involving the
and legitimacy is another. Constitutionality is an attribute of
constitutionality, application or operation of presidential decrees,
governmental acts and laws that do not contravene the
proclamations, orders, instructions, ordinances, and other
Constitution; legitimacy is an attribute of governmental acts and
regulations, shall be decided with the concurrence of a majority of
laws, including the Constitution, that makes them at the least,
the Members who actually took part in the deliberation on the
juridically right, acceptable, and necessary.
issues in the case and voted thereon.”
Nicole Ann Ponce

 Sec 5(2), Art 8: Prescribes the constitutional appellate jurisdiction -The reading of the constitutional map, as it were, and the
of the SC, and implicitly recognizes the authority of lower courts to allocation of constitutional authority among the major
decide questions involving the constitutionality of laws, treaties, structures of government
international agreements.
 Ynotv vs Intermediate Appellate Court: The SC said that lower 2. Legitimating - appellate courts monitor the performance of lower
courts should not shy away from the task of deciding constitutional courts; lower courts have an incentive to apply the law
questions when properly raised before them correctly if the possibility exists that their decisions may be
 Commissioner of Internal Revenue vs Court of tax Appeals: It was overturned
held that the fact that the constitutional question was properly
- The determination of whether the particular agency or
raised by a party is not alone sufficient for the respondent court to
department concerned has stayed within its own sphere of
pass upon the issue of constitutionality; every court should
authority observing the constitutional limitations projected
approach a constitutional question with grave care and
for actions within such sphere, or whether it has trespassed
considerable caution.
into the zone of immunity or privacy guaranteed to
 Mirasol vs Court of Appeals: It wasa held that the Constitution
individuals by the Constitution
vests the power of judicial review not only in the Supreme Court
but also in Regional Trial Courts (RTC) 3. Symbolic - important controversies regarding the law are examined
Note: However, in all actions assaiing the validity of statute, treaty, and resolved for the future guidance of courts and individuals
presidential decree, order or proclamation—notice to the Solicitor - It is this function that the Supreme Court discharges when it
General is necessary acts, as it should, as the "pronouncer and the guardian" of the
more fundamental values that the community seeks
Manner: - "Sui generis" (of its own kind/genus or unique in its
characteristics); whether the Supreme Court be invalidating
a. Supreme Court en banc
or validating a legislative or executive measure, the demand
b. Majority of the members who participated in the deliberations and
of the community is that the resulting decision shall embody
voted thereon
and implement its basic values.
Who may exercise Judicial Review
D. Requisites of Judicial Review
 Judicial power shall be vested in 1 Supreme Court and in such
1. Actual Case or Controversy; Ripeness of Controversy
lower courts as may be established by law (Sec. 1, Art. VIII, 1987
Const.)
Actual Case or Controversy:
 All cases in which the constitutionality or validity of any treaty,
 Not hypothetical, not abstract
international or executive agreement, law, presidential decree,
 There is real contrariety of legal rights
proclamation, order, instruction, ordinance, or regulation is in
question. (Sec. 5(2) (A), Art. VIII, 1987 Constitution)  Controversy is neither ‘premature’ (no case yet) nor ‘moot and
academic’ (no more case)
C. Functions of Judicial Review Ripeness of Controversy
 The challenged act has a direct adverse effect on the person
1. Checking- it allows justice to be served by striking down erroneous challenging it and something has by then been accomplished or
decisions by lower courts performed by either of the other branches of government. But, the
fact that the law or act in question is not yet effective does not
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negate ripeness, because ‘even a singular violation of the  David vs Macapagal-Arroyo: The moot and academic principle is
Constitution and/or the law is enough to awaken judicial duty”. not a magical formula that can automatically dissuade the courts
VS. from resolving a case. It was held that courts will still decide cases
 Declaratory Relief- petition for judicial construction of rights otherwise moot and academic if:
under contract, deed, ordinance, etc. while there is no violation 1. There is a grave violation of the Constitution
yet, there is imminent danger of litigation, hence, still ripe for 2. There is an exceptional character of the situation and
judicial determination. paramount public interest is involved
3. The constitutional issues raised require formulation of
Exceptions to “Moot and Academic Rule” controlling principles to guide the bench, the bar and the
Courts are not prevented from deciding cases, otherwise moot and public (Salonga v Pano)
academic, if: 4. The case is capable of repetition yet evasive of review
(1) There is grave violation of the Constitution (Saniakas vs Exec Sec)
(2) The situation is of exceptional character and of paramount public Note: The court has the duty to formulate guiding and controlling
interest; constitutional principles, precepts, doctrines or rules, and the
(3) The constitutional issue raised requires formulation of controlling symbolic function to educate the bench and the bar on the extent
principles to guide the bench, the bar, and the public of protection given by the constitutional guarantees.
(4) The case is capable of repetition yet evading review  Some cases showing the existence of an actual case or controversy:
Tanadav. Angara, where an action of the Legislature is alleged to
have infringed the Constitution, it becomes not only the right but
Distinguished from as-applied vs on-its-face the duty of the Judiciary to settle the dispute.
As-applied challenge which considers only extant facts affecting real  Some cases held not ripe for judicial determination: In
litigants, a facial invalidation is an examination of the entire law, pin pointing Montesclaros v. Comelec-- it was held that a proposed bill is not
its flaws and defects, not only on the basis of its actual operation to the subject to judicial review, because it creates no rights and imposes
parties, but also on the assumption or prediction that its very existence may no duties enforceable by the courts.
cause others not before the court to refrain from constitutionally protected  In Mariano v. Comelec, 242 SCRA 211, the petition to declare RA
speech or activities (Southern Hemisphere vs Anti-Terrorism Council). 7854 (converting the Municipality of Makati into a Highly
Urbanized City) as unconstitutional was dismissed, because it was
premised on many contingent events the happening of which was
Important Points: uncertain; petitioner, thus, posed a hypothetical issue which had not
 A conflict of legal rights, an assertion of opposite legal claims yet ripened into an actual case or controversy.
susceptible of judicial determination  Macasiano v National Housing Authority: because the petitioner
 No commitment to adversarial system; the court has no authority had not shown that he was prevented from performing his duties
to pass upon issues of constitutionality through advisory opinions; as Consultant of the DPWH by the challenged provisions of RA 7279,
there should be an actual case or controversy it was held that there was no actual case or controversy.
 Ripeness for adjudication - governmental act challenged should
have direct adverse effect on individual challenging the act Premature case: hypothetical, give advisory opinion, pool a problem in abstract
 A request for an advisory opinion is not an actual case or Actual case: ripeness for adjudication
controversy. But an action for declaratory relief is proper for Moot and academic
judicial determination Doctrine of Operative Fact (David vs. Arroyo)
Nicole Ann Ponce

The courts will decide if the cases otherwise become moot and academic challenged official act, as distinguished from mere interest in
if: the question involved, or a mere incidental interest
a. there is a grave violation of the Constitution  People vs Vera: Supreme Court declared that the Government
b. the exceptional character of the situation and the paramount public
of the Philippines is a proper party to question the validity of
interest is involved
its own laws, because more than any one, it should be
c. when constitutional issue raised requires formulation of controlling
principles to guide the bench, the bar, and the public concerned with the constitutionality of its acts. In that case, it
d. the case is capable of repetition yet evading review was held that the government has substantial interest in
having the Probation Law declared as unconstitutional,
2. Legal Standing (Locus Standi) because more than the damage caused by the illegal
 The constitutional question must be raised by the proper party. A proper expenditure of public funds is the mortal would inflicted upon
party is one who sustained or is imminent danger of sustaining an injury as the fundamental law by the enforcement of an invalid statute.
a result of the act complained of
 Kilosbayan vs Guingona& Tatad vs Sec. of Dept of Energy: A
 Locus standi is defined as a right of appearance in a court of justice on a
party’s standing in court is a procedural technicality, which
given chance. (Black Law’s Dictionary)
 Standing in law may be set aside by the Court in view of the importance of the
 Complainant/challenger should have personal or substantial interest in issue involved. Thus, where the issues raised by the petitioners
the case are of paramount public interest or of transcendental
Exception: Liberality Principle importance, the court may, in the exercise of its discretion,
brush aside the procedural barrier.
I. Distinguish between Real Party in-Interest vs Legal Standing
 Chavezv. Public Estates: In this case, there were two
A. Real-party-in-interest- party who stands to be benefited/injured by
constitutional issues involved: first, the right of the citizen to
judgment in the suit; the party entitled to the avails of the suit
 Civil / private law cases information on matters of public concern; and second, the
 Rigid; strict application of a constitutional provision intended to insure
B. Legal standing - public / constitutional law cases equitable distribution of alienable lands of the public domain
 Personal and substantial interest; if the person is the party among Filipino citizens.
who suffers or will suffer the injury pursuant to the application
of governmental act IV. Suits
 Broader concept i. Requisites for Taxpayers Suit - there must be a claim of illegal
II. Observe “direct injury test” disbursement of public funds or that the tax measure is
 Apply the “direct injury test”—states that a person who unconstitutional
impugns the validity of a statute must have personal and 1. The case involves constitutional issues
substantial interest in the case such that he has sustained or 2. For taxpayers, there must be a claim of illegal disbursement
will sustain direct injury as a result. (People vs Vera) of public funds or that the tax measure is unconstitutional
III. Distinguish ‘Personal’ from ‘Generalized’ interest Prevailing Doctrine: taxpayers may question contracts
 IBP vs Zamora: It was clarified that the term “interest” means entered into by the national government or by government-
a material interest, an interest in issue affected by the owned or -controlled corporations allegedly in contravention
of law
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ii. Requisites for Lawmakers Suit - there must be a claim that the the law cannot take chances as in the area of free speech. (Estrada vs.
official action complained of infringes upon their prerogatives as Sandiganbayan)
legislators - A facial challenge to a legislative act is the most difficult challenge to
iii. Requisites for Voters Suit - there must be a showing of obvious mount successfully since the ' challenge must establish that no set of
interest in the validity of the election law in question circumstances exists under which the act would be valid (Estrada v.
iv. Requisites for Concerned Citizens Suit - there must be a showing Sandiganbayan).
that the issues raised are of transcendental importance which i. Doctrine of Strict Scrutiny
must be settled early -The statute is absolutely unconstitutional under no circumstance.
Requisites for Transcendental Importance: But the only time a facial challenge to a statute is allowed is when
a. Involves Public Funds it operates in the area of freedom of expression. Invalidation of the
statute “on its face”, rather than “as applied” is permitted in the
b. Grave violation of the Constitution
interest of preventing a chilling effect on freedom of expression.
c. No proper party (general issue)
ii. Doctrine of Over Breadth
-Permits a party to challenge the validity of a statute even though
The Paramount Importance Doctrine
as applied to him, it is not unconstitutional, but it might be if
We find the instant petition to be of transcendental importance to
applied to others not before the Courts whose activities are
the public. The issues it raised are of paramount public interest and
constitutionally protected. (applicable to any statute)
of a category even higher than those involved in many of the
- First, the overbreadth doctrine is an analytical tool developed for
aforecited cases. The ramifications of such issues immeasurably
testing on their face statutes in free speech cases, not for testing
affect the social, economic, and moral well-being of the people
the validity of a law that reflects legitimate state interest in
even in the remotest barangays of the country and the counter-
maintaining comprehensive control over harmful, constitutionally
productive and retrogressive effects of the envisioned on-line
unprotected conduct.
lottery system are as staggering as the billions in pesos it is
- Second, facial invalidation of laws is considered as manifestly
expected to raise. The legal standing then of the petitioners
strong medicine, to be used sparingly and only as a last resort, thus,
deserves recognition and, in the exercise of its sound discretion,
is generally disfavored
this Court hereby brushes aside the procedural barrier which the
-A facial challenge on the ground of overbreadth is the most
respondents tried to take advantage of. (Kilosbayan vs. Guingona,
difficult challenge to mount successfully since the challenger must
Jr.)
establish that there can be no instance when the assailed law may
V. Facial Challenge be valid
-The established rule is that a party can question the validity of a statute iii. Doctrine of Void-for-Vagueness
only if, as applied to him, it is unconstitutional. The exception is the so- - This doctrine holds that a law is facially invalid if men of common
called ‘facial challenge”. But the only time a facial challenge to a statute intelligence must necessarily guess at its meaning and differ as to
is allowed is when it operates in the area of freedom of expression its application.
-Is allowed to be made to vague statute and to one which is overbroad -Subject to the same principles governing over breadth doctrine.
because of possible “chilling effect” upon protected speech. The possible Also an analytical tool for testing ‘on their faces’ statutes in free
harm to society in permitting some unprotected speech to go speech cases
unpunished is outweighed by the possibility that the protected speech - The Court has stressed that the vagueness doctrine merely
of other may be deterred and perceived grievances left to fester because requires a reasonable degree of certainty for the statute to be
of possible inhibitory effects of overly broad statutes. But in criminal law, upheld, not absolute precision or mathematical exactitude
Nicole Ann Ponce

-Estrada v. Sandiganbayan: a statute is not rendered 4. The decision on the constitutional question must be determinative of the case
uncertain and void merely because general terms are used itself (constitutional question must be the very lis mota)
therein, or because of the employment of terms without
defining them, much less do we have to define every word we  lis mota - essence of the subject matter of the case; existing or anticipated
litigation
use
 determination of the constitutionality of the act is inevitable, cannot be
Note: The doctrine of strict scrutiny, overbreadth, and vagueness are avoided
analytical tools developed for testing “on their faces” statutes in free  the court should respect the act of the other 2 branches
speech cases.
Effects of Declaration of Unconstitutionality
However, these are not applicable in facial challenges of ‘penal 1. The Orthodox View - The law is void if on its face it does not enjoy any
statutes’. For the latter laws, challenges must be applied ‘as applied’ to presumption of validity because it is patently offensive to the Constitution. It
petitioner. produces no effect, creates no effect, and produces no duty.
 if the law is inconsistent with the Constitution, then the latter shall
govern
 if the law has been declared unconstitutional, it is presumed that no
3. The constitutional question must be raised at the earliest possible law existed at all
opportunity  traditional view
An unconstitutional act is not a law; it confers no rights; it imposes no
General Rule: The question must be raised in the pleadings. duties; it affords no protection; it creates no office; it is, in legal
contemplation, as inoperative as though it had never been passed.
Exceptions: (NORTON vs. SHELBY COUNT 118 U.S. 425, 442 [1886], ARTICLE 7 NCC)
2. The Modern View - The law is voidable if on its face it enjoys the
 In criminal cases, the question can be raised at any time at the presumption of unconstitutionality. The law becomes inoperative only upon
discretion of the court; the judicial declaration of its invalidity. The declaration produces no
 In civil cases, the question can be raised at any stage of the
retroactive effect.
- Under this view, the court in passing upon the question of constitutionality
proceedings if necessary for the determination of the case itself; &
does not annul or repeal the statute if it finds it in conflict with the
 In every case, except where there is estoppel, it can be raised at any Constitution. It simply refuses to recognize it and determines the rights of the
stage if it involves the jurisdiction of the court. parties just as if such statute had no existence. (CRUZ, CONSTITUTIONAL LAW,
1991, 32-33, citing NORTON vs. SHELBY, 118 U.S. 425 and SHEPARD vs.
BARREN, 194 U.S. 553) But certain legal effects of the statute prior to its
2 kinds of estoppel: declaration of unconstitutionality may be recognized. (PELAEZ vs. AUDITOR
1. A person is barred from questioning a particular act after where he has GENERAL 15 SCRA 569)
benefited from the same act.
2. Where a person is prevented from exercising a right, after a certain period * Doctrine of Operative Fact – if the law has been declared unconstitutional
he has slept that right.
Partial Unconstitutionality Requisites:
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Requisites for partial unconstitutionality: State is a political and geopolitical entity; while, Nation is a cultural and/or
(1) The Legislature must be willing to retain the valid portion(s), usually shown by ethnic entity.
the presence of a separability clause in the law; and
(2) The valid portion can stand independently as law. (IN RE: CUNANAN 94 Phil. 534,
SALAZAR vs. ACHACOSO 183 SCRA 145)
III. The Philippines as a State (State, Territory, Sovereignty Discussion) State Nation
is a legal or juristic concept is an ethnic or racial concept
A. Definition of a State
A community of persons, more or less numerous, permanently occupying a State Government
definite portion of territory, independent of external control, and possessing a possesses a government to which a merely an instrumentality of the
government to which a great body of inhabitants render habitual obedience great body of inhabitants render State through which the will of the
(Collector of Internal Revenue v. Campos Rueda). habitual obedience State is implemented and realized
1933 Montevideo Convention on the Rights and Duties of States

 Was a treaty signed at Montevideo, Uruguay, on December 26, 1933,
during the Seventh International Conference of American States C. Elements of a State:
 The Convention codified the declarative theory of statehood as 1. People
accepted as part of customary international law a. Different meanings as used in the Constitution: (i) Inhabitants (Sec.
Primary Sources of International Laws: 2, Art. Ill; Sec. 1, Art. XIII); (ii) Citizens (Preamble; Secs. 1 & 4, Art. II;
 treaties and conventions Sec. 7, Art. Ill); (iii) Electors (Sec. 4, Art. VII).
 customary international laws b. As requisite for Statehood: Adequate number for self-sufficiency and
 general principle defense; of both sexes for perpetuity.
Secondary Sources International Laws: 2. Territory
 Opinions of highly qualified publicists or decisions of courts a. The National Territory (Art. I; R.A. 3046; R.A. 5446): “The national
territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which
Doctrine of Self Auto-Limitation
the Philippines has sovereignty or jurisdiction, consisting of its
- A principle under which any state may by its consent, express or implied,
submit to a restriction of its sovereign rights. There may thus be a curtailment terrestrial, fluvial and aerial domains, including its territorial sea,
of what otherwise is a plenary power. the seabed, the subsoil, the insular shelves, and other submarine
-There is no limitation on the sovereignty but there is a limitation on the areas”
exercise of sovereignty. b. It is important to know the territory in order to know over which
the State can exercise its jurisdiction.
B. State, distinguished from Nation, from Government c. Components: Terrestrial, Fluvial, Maritime and Aerial domains.
Two (2) Parts of the National Territory:
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1. The Philippine archipelago with all the islands and waters e. The Philippine Archipelago: (i) Treaty of Paris, December 10, 1898
embraced therein; and (Cession of the Philippine Islands by Spain to the United States); (ii)
2. All other territories over which the Philippines has sovereignty or Treaty between Spain and US at Washington, November 7, 1900
jurisdiction. (Cagayan, Sulu & Sibuto); (iii) Treaty between US and Great Britain,
d. Modes of acquiring territories: January 2, 1930 (Turtle & Mangsee Islands)
1. Discovery and Occupation—which are terra nullius (land belonging f. Other territories over which the Philippines exercises jurisdiction: (i)
to no one) Batanes (1935 Constitution); (ii) Those contemplated in Art. I, 1973
Doctrine of Effective Occupation—discovery alone is not enough. Constitution [belonging to the Philippines by historic right or legal
Mere discovery gives only an inchoate right to the discoverer. For
title]; (iii) PD 1596, June 11, 1978.
title to finally vest, discovery must be followed by effective
g. Archipelago Doctrine: “The waters around, between and connecting
occupation in a reasonable time and attestation of the same.
the islands of the archipelago, regardless of their breadth and
2. Cession by Treaty.
dimensions, form part of the internal waters of the Philippines”
Examples are Treaty of Paris, treaty between France and US ceding
(2nd sentence, Sec. 1, Art II)
Louisiana to the latter and treaty between Russia and US ceding
E1. This articulates the archipelagic doctrine of national
Alaska to the latter;
territory, based on the principle that an archipelago, which
3. Prescription—which is a concept under the Civil Code. Territory
consists of a number of islands separated by bodies of water,
may also be acquired through continuous and uninterrupted
should be treated as one integral unit.
possession over a long period of time. However, in international law,
E2. Straight baseline method: Imaginary straight lines are
there is no rule of thumb as to the length of time for acquisition of
drawn joining the outermost points of outermost islands of the
territory through prescription. In this connection, consider the
archipelago, enclosing an area the ratio of which should not be
Grotius Doctrine of immemorial prescription, which speaks of
more than 9:1 (water to land); provided that the drawing of
uninterrupted possession going beyond memory.
baselines shall not depart, to any appreciable extent, from the
4. Conquest or Subjugation (conquistadores)—this is no longer
recognized, inasmuch as the UN Charter prohibits resort to threat or general configuration of the archipelago. The waters within the
use of force against the territorial integrity or political independence baselines shall be considered internal waters; while the
of any state; and breadth of the territorial sea shall then be measured from the
5. Accretion—another concept in the Civil Code. It is the increase in baselines.
the land area of the State, either through natural means, or E3. UN Convention on the Law of the Sea (April 30,1982; ratified
artificially, through human labor. by the Philippines in August, 1983) provides (i) Contiguous
“xxx The waters around, between and connecting the islands of the Zone of 12 miles; (ii) Exclusive Economic Zone of 200 miles.
archipelago, regardless of their breadth and dimensions, form part of Although the contiguous zone and most of the exclusive
the internal waters of the Philippines.” economic zone may not, technically, be part of the territory of
the State, nonetheless, the coastal State enjoys preferential
*This second sentence of Article I is not the Archipelago Doctrine. rights over the marine resources found within these zones. See
This is only our restatement/reaffirmation of our adherence to the also P.D. 1599, June 11, 1978.
Archipelago Doctrine simply because we are an archipelago
consisting of 7,107 islands. It is essential for our national survival that 2 Kinds of Archipelago:
we adhere to the archipelago principle. 1. Coastal Archipelago—situated close to a mainland and may
be considered a part thereof.
2. Mid-Ocean Archipelago—situated in the ocean at such
Nicole Ann Ponce
distance from the coasts of firm land. The Philippines is territorial sea, the contiguous zone and the exclusive
classified as mid-ocean archipelago just like Indonesia. The economic zone is measured in order to determine the
Philippines is not in any way connected physically with the Asia maritime boundary of the coastal state.
mainland. * Types of baseline: Normal Baseline Method; Straight
Baseline method
f. Continental shelf – it is the seabed and subsoil of the
submarine areas extending beyond the Philippine
territorial sea throughout the natural prolongation of
the land territory. It extends up to:
i. The outer edge of the continental margin; or
Components of National Territory: ii. A distance of 200 nautical miles from the archipelagic
I. Terrestrial – land mass on which the inhabitants live; baselines, whichever is the farthest.
II. Fluvial – maritime; * The continental shelf does not form part of the
a. Internal or national waters – bodies of water within Philippine territory. The Philippines has the sovereign
the land mass, among them are: rights over the continental shelf for the purpose of
i. Rivers exploring it and exploiting its natural resources.
* Thalweg Doctrine – for boundary Rivers, in the absence of an g. High Seas – treated as res communes, thus, not
agreement between the riparian states, the boundary line is territory of any particular State. These are the waters
laid on the middle of the main navigable channel. which do not constitute the internal waters, archipelagic
* Middle of the Bridge Doctrine –where there is a bridge over a waters, territorial sea and exclusive economic zones of a
boundary river, the boundary line is the middle or center of the state. They are beyond the jurisdiction and sovereign
bridge. rights of States.
ii. Bays and gulfs Note: Philippines – Territorial sea = 12 nautical miles from the baseline
iii. Straits - Contiguous zone =12 nautical miles from the territorial sea
iv. Canals - Exclusive economic zone =200 nautical miles from the baseline
b. Archipelagic waters – are the waters enclosed by the - High seas = after the E.E.Z., no state can exercise jurisdiction
archipelagic baselines, regardless of their depth or
distance from the coast. 3. Government
c. Territorial Sea – the belt of the sea located between a. Defined. The agency or instrumentality through which the will of the
the coast and the internal waters of the coastal state on State is formulated, expressed and realized.
the other hand, and the high seas on the other,
extending up to 12 nautical miles from the low-water -Refers to the corporate governmental entity through which the
mark, or in the case of archipelagic states, from the functions of the government are exercised throughout the
baselines. Philippines, including, save as the contrary appears from the context,
d. Contiguous Zone – extends up to 12 nautical miles the various arms through which political authority is made effective
from the territorial sea; this shall not exceed 24 nautical in the Philippines, whether pertaining to the autonomous regions,
miles from the archipelagic baselines. the provincial, city, municipal or barangay subdivisions or other
e. Exclusive Economic Zone – shall not extend beyond forms of local government. [Administrative Code of 1987, Sec. 2(1)]
200 nautical miles from the archipelagic baselines.
Baseline – is a line from which the breadth of the
Nicole Ann Ponce
National Government= (Legislative + Executive + Judiciary) + Political sovereignty and therefore compulsory; the latter connotes merely
Subdivisions the exercise of proprietary functions and thus considered as optional.
Exclude: entities with separate personality; unless exercising B4. Supreme Court said that the functions of government are
governmental functions
classified into governmental or constituent and proprietary or
Entities: - with special charters
-created pursuant to a general law (Corp. Code of the Phils.) ministrant. The former involves the exercise of sovereignty and
(GOCC=51%) therefore compulsory; the latter connotes merely the exercise of
proprietary functions and thus considered as optional.
A1. Government of the Philippines is “the B5. Association of Philippines Coconut Desiccators vs PCA- Where it
corporate governmental entity through which the functions of was held that although the 1987 Constitution enshrines free
government are exercised throughout the Philippines, including, enterprise as a policy, it nevertheless reserves to the Government
save as the contrary appears from the context, the various arms
the power to intervene whenever necessary to promote the general
through which political authority is made effective in the Philippines,
whether pertaining to the autonomous regions, the provincial, city, welfare, as reflected in Secs. 6 and 19, Art. XII.
municipal or barangay subdivisions or other forms of local c. Doctrine of Parens Patriae
government" Literally, parent of the people. As such, the Government may act as
b. Functions: guardian of the rights of people who may be disadvantaged or
B1. Traditionally, the functions of government have been classified suffering from some disability or misfortune.
into constituent, which are mandatory for the Government to d. Classification
perform because they constitute the very bonds of society, such as D1. Kinds of de facto government:
the maintenance of peace and order, regulation of property and That which takes possession or control of, or usurps, by force or by
property rights, the administration of justice, etc; and ministrant, the voice of the majority, the rightful legal government and
those intended to promote the welfare, progress and prosperity of maintains itself against the will of the latter; that which is established
the people, and which are merely optional for Government to by the inhabitants of a territory who rise in insurrection against the
perform. parent state; and that which is established by the invading forces of
B2. Romualdez-Yap v. Civil Service Commission: the Court declared an enemy who occupy a territory in the course of war. The last is
that a distinction can be made on the validity of the reorganization denominated a de facto government of paramount force.
between a government bureau or office performing constituent D2. Presidential vs. parliamentary government
functions (like the Bureau of Customs) and a government-owned or That which takes possession or control of, or usurps, by force or by
-controlled corporation performing ministrant functions (like the the voice of the majority, the rightful legal government and
PNB). Commercial or universal banking is, ideally, not a maintains itself against the will of the latter; that which is established
governmental, but a private sector, endeavor. It is an optional by the inhabitants of a territory who rise in insurrection against the
function of government. parent state; and that which is established by the invading forces of
B3. Fontanilla v. Maliaman: Supreme Court said that the functions of an enemy who occupy a territory in the course of war. The last is
government are classified into governmental or constituent and denominated a de facto government of paramount force.
proprietary or ministrant. The former involves the exercise of D3. Unitary vs. federal government
Nicole Ann Ponce

A unitary government is a single, centralized government, exercising 1. De Jure - has a rightful title but no power or control, either because
powers over both the internal and external affairs of the State; while the same has been withdrawn from it or because it has not yet
a federal government consists of autonomous state (local) actually entered into the exercise thereof.
government units merged into a single State, with the national 2. De Facto - actually exercises power or control but without legal or
government exercising a limited degree of power over the domestic legitimate authority
affairs but generally full direction of the external affairs of the State. i. De facto proper – government that gets possession and
e. Kinds of Government control of, or usurps, by force or by the vice of the
E1. i. Number of Rules: majority, the rightful legal government and maintains
Monarchy – “mono” which means one; held by one person only itself against the will of the latter,
Aristocracy – few people possess the power of government; seen ii. Government of paramount force – established and
during the times of feudal state maintained by military forces who invade and occupy a
Democracy – “demos” (people); “kratos” (power); the people are the territory of the enemy in the course of war; and
rulers and leaders (Direct; Republican) iii. Independent government – established by the
ii. Distribution of Powers: inhabitants of the country who rise in insurrection against
Horizontal- 1.Presidential – separation of powers; residual powers the parent state
are vested on the President
2. Parliamentary – fusion between executive and
4. Sovereign/Capacity to enter into relations with other states
legislative
Vertical- 1. Unitary – local governments derived their powers from A. Sovereignty, defined
national government Is the power of the State to regulate matters within its own territory.
- The power of the government are centralized in Sovereignty resides in the people and all government authority emanates from them.
the national government This power resides in the “people” understood as those who have a direct hand in
- Lesser power given to the local government the formulation, adoption, and amendment or alteration of the Constitution.
2. Federal – opposite of unitary
Sovereign authority, moreover, is not always directly exercised by the people.
- National government is a creation on the local
It is normally delegated by the people to the government and to the concrete persons
government in whose hands the powers of government temporarily reside. Such authority
Note: Powers are distributed through the instrumentality of the continues with the consent of the people.
Constitution.
Residual powers of the government – not enumerated by the Finally, is recognition by other states a constitutive element of a state such
Constitution, its distribution is not impliedly or expressly stated on the that even it has all four elements of the Montevideo Convention it is not a state if it
has not been recognized? In International law, there are two views on this. One view,
Constitution; all other law not mentioned in the law and to be
the constitutive theory, is that recognition “constitutes” a state. The other view, “the
exercised by the President
declaratory theory”, is that recognition is merely “declaratory” of the existence of
the state. In practice, however, whether recognize or not is largely a political decision.
iii. Legitimacy:
Nicole Ann Ponce

Westphalian Sovereignty Concept- is the concept of nation-state sovereignty based F. Effects of change in sovereignty:
on two things: territoriality and the absence of a role for external agents in domestic Political laws are abrogated [People v. Perfecto, 43 Phil. 887; Macariola v.
structures; there is a monopoly of power; all states are equal; this is outmoded Asuncion, 114 SCRA 77]; municipal laws remain in force
B. Kinds of Sovereignty: G. Effects of belligerent occupation: No change in sovereignty

1. Legal sovereignty G1. However, political laws, except the law on treason, are suspended [Laurel v.
- The supreme power to make laws Misa, 77 Phil. 856]; municipal laws remain in force unless repealed by the
-The power to issuance final commands or orders in the form of laws belligerent occupant. At the end of the belligerent occupation, when the
2. Political sovereignty occupant is ousted from the territory, the political laws which had been
-The sum total of all the influences in a state, legal and non-legal, which suspended during the occupation shall automatically become effective again,
determine the course of law under the doctrine of jus postliminium.
-The power behind legal sovereign
3. Internal sovereignty H. Dominium v. Imperium:
-The supreme power or authority of the state or the government H1. Dominium refers to the capacity to own or acquire property, including
- Ability to command obedience, ability to pass, implement and carry out lands held by the State in its proprietary capacity; while Imperium is the
laws authority possessed by the State embraced in the concept of sovereignty.
-Inherent element of government
4. External sovereignty I. Jurisdiction (manifestation of sovereignty)
-Authority of the state to conduct its affairs domestically and internationally I1. Territorial: power of the State over persons and things within its territory.
without the interference of external forces Exempt are: (a) Foreign states, heads of state, diplomatic representatives, and
- Should not be bound by other states; freedom from external control
consuls to a certain degree; (b) Foreign state property, including embassies,
Doctrine of Self Auto-Limitation consulates, and public vessels engaged in noncommercial activities; (c) Acts of
Power of the State to limit the exercise of its own sovereignty. state; (d) Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry, such as arrival under stress; (e) Foreign armies passing
C. Dual Capacities: through or stationed in its territory with its permission; and (f) Such other
1. Impe persons or property, including organizations like the United Nations, over
2. which it may, by agreement, waive jurisdiction.
I2. Personal: power of the State over its nationals, which may be exercised by
D. Jurisdiction:
1. Territorial – authority of the state over its territory such as all act, events or the State even if the individual is outside the territory of the State.
persons within its territory are subject to its jurisdiction but subject to I3. Extraterritorial: Power exercised by the State beyond its territory in the
limitations following cases:
2. Personal – authority of the state over it constituents and citizens wherever (a) Assertion of its personal jurisdiction over its nationals abroad; or the
they are found exercise of its rights to punish certain offenses committed outside its
3. Extraterritorial – authority of the state outside its territory territory against its national interests even if the offenders are nonresident
E. Characteristics: aliens;
Permanence, exclusiveness, comprehensive- ness, absoluteness, indivisibility,
inalienability, imprescriptibility’
Nicole Ann Ponce

(b) By virtue of its relations with other states or territories, as when it B. Sociological theory – if you are deprived of the right to suit
establishes a colonial protectorate, or a condominium, or administers a then the inconvenience of not able to sue should be
trust territory, or occupies enemy territory in the course of war; subordinated by the higher interest of the public
(c) When the local state waives its jurisdiction over persons and things “A continued adherence to the doctrine of non-suability is
within its territory, as when a foreign army stationed therein remains not to be deplored for as against the inconvenience that
under the jurisdiction of the sending state; may be caused private parties, the loss of governmental
(d) By the principle of exterritoriality, as illustrated by the immunities of efficiency and the obstacle to the performance of its
the head of state in a foreign country; multifarious functions are far greater if such a
(e) Through enjoyment of easements or servitudes, such as the easement fundamental principle were abandoned and the
of innocent passage or arrival under stress; availability of judicial remedy were not thus restricted”
(f) The exercise of jurisdiction by the state in the high seas over its vessels; C. Consent theory – the state cannot be sued when we
over pirates; in the exercise of the right to visit and search; and under the approved the 1987 Constitution
doctrine of hot pursuit; D. Equality among states – a state is banned from suing
(g) The exercise of limited jurisdiction over the contiguous zone and the another state (Westphalian concept of sovereignty)
patrimonial sea, to prevent infringement of its customs, fiscal, immigration
or sanitary regulations. Framework Analysis
State Immunity from Suit. “The State cannot be sued without its consent” (Sec 3, 1.) Is it a suit against the State?
Art 16) A. If No, We don’t apply the rules on state immunity.
B. If Yes, Question: 2.) Is the act jure gestiones (proprietary) or jure imperii
1. Basis: There can be no legal right against the authority which makes the (governmental)?
Law on which the right depends [Republic v. Villasor, 54 SCRA 83], However, If jure gestiones = the state is suable
it may be sued if it gives consent, whether express or implied. The doctrine 2.) If jure imperii= Question: 3.) Is there consent to be sued? (consider:
is also known as the Royal Prerogative of Dishonesty. incorporated vs. uninc. agency)
Basis of State immunity from suit: a. If there is none = suit will not prosper
1. Constitution: Sec 3, Art 16 b. Is there is consent = suit will prosper (to determine liability),
2. Theories/Jurisprudence Question: 4.) Has the State consented to be liable?
A. Positivist/Legal theory – no legal right as against which - if the State acts through its special agent
makes the law or where the right is based - then go to COA for claims of payment
Holmes: “A sovereign concept is exempt from suit, not
because of any formal conception or obsolete theory , but Consider:
on the logical and practical ground that there can be no 1. Incorporated agency – has separate and distinct personality
legal right as against the authority that makes the law on - has a governmental function, but if it is exercising a governmental task,
which the right depends” then it still may be sued
Nicole Ann Ponce

2. Unincorporated agency – has no separate personality; subsumes to be a 4. Republic vs Feliciano: When it is the state that is ultimately held liable- if the
part of the state, therefore can be sued as a state enforcement of the judgment will require and affirmative act from the State in the
3. Ex contractor – it has stepped down to a level of individual and therefore form of:
4. An officer – accused of bad faith (personal capacity of the person, not of a. loss of public funds or
the state) b. loff of property
5. State initiates the suit – that is already consent because the state here
impliedly submits to the jurisdiction of the court Del Mar vs PVA- the rule well-settled in this jurisdiction on the immunity of
6. Has the State already appropriated an amount? – if yes, there is no the Government from suit without its consent holds true in all actions
problem of suing the State because it has already appropriated the money resulting in “adverse consequences on the public treasury, whether in the
(Appropriation Law) disbursement of funds or loss of property”.
7. Will the invocation of the State immunity result to justice? Violation of
law? – Note: Such suit will put the court in a position that will force the State to take out
funds from the Public Treasury without Appropriation of Congress. This will lead to
undue appropriation, a power that only Congress has the power to authorize or do.
When considered a suit against the State:
Two Frameworks/ situation; Application / Prohibition of the rule:
A. Case filed before Philippine courts against the Philippines i. This rule applies not only in favor of the Philippines but also in favor of the foreign
B. Case filed before the Phil. Courts but against a foreign State (You are asking states.
the Philippines to assert jurisdiction over another foreign country) ii. The rule likewise prohibits a person from filing for interpleader, with the State as
one of the defendants being compelled to interplead.
1. The Republic is sued by name; Q. When is a suit against a public official deemed to be a suit against the
2. Suits against an unincorporated government agency; State?
3. Suits are against a government official, but are such that ultimate liability shall
A. The doctrine of State Immunity from suit applies to complaints filed
devolve on the government:
against public officials for acts done in the performance of their duties within
a. When a public officer acts in bad faith, or beyond the scope of his the scope of their authority. The rule is that the suit must be regarded as
authority, he can be held personally liable for damages. one against the state where the satisfaction of the judgment against the
b. BUT: If he acted pursuant to his official duties, without malice, negligence, public official concerned will require the state to perform a positive act, such
or bad faith, he is not personally liable, and the suit is really one against the as disbursement of public funds or public property. The rule does not apply
State. where the public official is charged in his official capacity for acts that are
unlawful and injurious to the rights of others. Public officials are not exempt,
Nicole Ann Ponce

in their personal capacity, from liability arising from acts committed in bad
faith. c. Even other international organizations or international
B. Differentiate: Perforamce of Duty vs Personal Capacity agencies may be immune from the jurisdiction of local courts
and local administrative tribunals
1. Immunity is enjoyed by other States, consonant with the public international 2. Test to determine if suit is against the State
law principle of par in parem non habet imperium. The Head of State, who On the assumption that decision is required against the public officer or
is deemed the personification of the State, is inviolable, and thus, enjoys agency impleaded, will the enforcement thereof require an affirmative act
immunity from suit. from the State, suchg as the appropriation of the needed amount to satisfy
a. The State’s diplomatic agents, including consuls to a certain the judgement? If so, then it is a suit against the State.
extent, are also exempt from the jurisdiction of local courts a. In Tan v. Director of Forestry, the Supreme Court said that
and administraive tribunals. State immunity from suit may be invoked as long as the suit
really affects the property, rights or interests of the State and
ai. A foreign agent, operating within a territory, can be cloaked not merely those of the officers nominally made party
with immunity from suit but only as long as it can be defendants. In this case, the Court said that the promotion of
established that he is acting within the directives of the
public welfare and the protection of the inhabitants near the
sending State. The cloak of protection is removed the moment
the foreign agent is sued in his individual capacity, as when he public forest are property rights and interests of the State. In
is sought to be made liable for whatever damage he may have Veterans Manpower and Protective Services, Inc. v. Court of
caused by his act done with malice or in bad faith or beyond Appeals, 214 SCRA 286, the suit for damages filed against the
the scope of his authority or jurisdiction. In Minucherv. Court PC Chief and the PC-SUSIA would require an affirmative act of
of Appeals, G.R. No. 142396, February 11, 2003, it was appropriation should damages be awarded, and is, therefore,
sufficiently established that respondent Arthur Scalzo an agent
a suit against the State.
of the US Drug Enforcement Agency, was tasked to conduct
surveillance on suspected drug activities within the country,
and having ascertained the target, to inform the local law 3. Suits against Government Agencies
enforcers who would then be expected to make the arrest. In a. Incorporated: If the charter provides that the agency can sue
conducting this surveillance and later, acting as the poseur- and be sued, then suit will lie, including one for tort. The
buyer during the buy-bust operation, and then becoming a provision in the charter constitutes express consent on the
principal witness in the criminal case against Minucher, Scalzo part of the State to be sued.
can hardly be said to have acted beyond the scope of his a1. Municipal corporations are agencies of the State when they
official functions or duties. He should, therefore, be accorded are engaged in governmental functions and, therefore, should
diplomatic immunity. enjoy the sovereign immunity from suit. However, they are
subject to suit even in the performance of such functions
b. The United Nations, as well as its organs and specialized because their respective charters provide that they can sue
agencies, are likewise beyond the jurisdiction of local courts and be. One of the corporate powers of local government
[Convention on Privileges and Immunities of the United units, as enumerated in Sec. 22, Local Government Code, is the
Nations; Convention on Privileges and Immunities of power to sue and be sued.
Specialized Agencies of the United Nations; World Health a2. In National Irrigation Administration v. Court of Appeals,
Organization v. Aquino, supra.]. 214 SCRA 35, the Supreme Court reiterated that NIAis a
Nicole Ann Ponce
corporate body performing proprietary functions, whose In order that suit may lie against the state, there must be consent, either
charter, P.D. 552, provides that it may sue and be sued. express or implied. Where no consent is shown, state immunity from suit
a3. In Philippine National Railways v. Intermediate Appellate may be invoked as a defense by the courts at any stage of proceedings,
Court, 217 SCRA 401, it was held that although the charter of
because waiver of immunity, being in derogation of sovereignty, will not be
PNR is silent on whether it may sue or be sued, it had already
been ruled in Malong v. PNR, 185 SCRA 63, that the PNR “is not inferred lightly and must be construed strictly. Accordingly, the complaint
performing any governmental function” and may, therefore, (or counterclaim) against the State must allege the existence of such
be sued. consent (and where the same is found), otherwise, the complaint may be
b. Unincorporated: Inquire into principal functions of the agency: dismissed.
b1. If governmental: NO suit without consent [Sanders v. a. Express consent – General law & Special law (LGU Charter)
Veridiano, supra.; Bureau of Printing v. Bureau of Printing - When the law expressly grants the authority to sue the State or any of
Employees Association, 1 SCRA 340]. In the Veterans
its agencies.
Manpower case, the Court said that the PC Chief and PC-SUSIA
are instrumentalities of the national government exercising Examples:
primarily governmental functions (regulating the organization - A law creating a government body expressly providing that such body
and operation of private detective, watchmen or security “may sue or be sued.”
guard agencies), and thus may not be sued without consent. - Art 2180 of the Civil Code, which creates liability against the State
b2. If proprietary: suit will lie because when the State engages when it acts through a special agent.
in principally proprietary functions, then it descends to the b. Implied consent – When State initiates action
level of a private individual, and may, therefore, be vulnerable
-When the State enters into a private contract. The contract must be
to suit.
4. Suit against Public Officers. The doctrine of State immunity also applies to entered into by the proper officer and within the scope of his authority.
complaints filed against officials of the State for acts performed by them in UNLESS: the contract is merely incidental to the performance of a
the discharge of their duties within the scope of their authority. governmental function.
a. In Sanders v. Veridiano, 162 SCRA 88, the Supreme Court spoke - When the State enters into a business contract. UNLESS: The operation
of a number of well-recognized exceptions when a public is incidental to the performance of a governmental function (e.g.
officer may be sued without the prior consent of the State, viz:
arrastre services). Thus, when the State conduct business operations
(1) to compel him to do an act required by law;
(2) to restrain him from enforcing an act claimed to be through GOCC, the latter can be generally be sued, even if its charter
unconstitutional; contains no express “sue or be sued” clause.
(3) to compel the payment of damages from an already 6. Scope of Consent. Consent to be sued does not include consent to the
appropriated assurance fund or to refund tax over-payments execution of judgment against it.
from a fund already available for the purpose; (4) to secure a 7. Suability not equated with outright liability. Liability will have to be
judgment that the officer impleaded may satisfy by himself determined by the Court on the basis of the evidence and the applicable
without the State having to do a positive act to assist him; and
law.
(5) where the government itself has violated its own laws,
because the doctrine of state immunity “cannot be used to
Who can validly give “consent to be sued’?
perpetrate an injustice”.
5. Need for consent.
1. Act No. 3083
Nicole Ann Ponce

Sec 1: The Government of the Philippine Islands hereby consents and (3) Management and Maintenace of Loaken Airport
submits to be sued upon moneyed claim involving liability arising from
contract, expressed or implied, which could serve as a basis of civil action USA vs Ruiz
between private parties. A state may be said to have descended to the level of an individual and can
Sec 2: A person desiring to avail himself of the privilege herein conferred thus be deemed to have tacitly given its consent to be sued only when it
must show that he has presented his claim to the Insular Auditor (now, enters into business contracts. It does not apply where the contract relates
COA) and that the latter did not decide the same within 2 months from to the exercise of its sovereign functions.
the date of presumption. That the correct test for the application of State immunity is not the
2. C.A No. 327, as amended by P.D 1445 conclusion of a contract by a State but the legal nature of the act is shown.
-COA has primary jurisdiction over money claims against government
agencies and instrumentalities. Note: In case of foreign state sued in local courts, we apply the maxim “par
-Sec 1: Original Jurisdiction- the Commission Proper shall have original in parem, non habet imperium”
jurisdiction over: money claims against the government.
Who can validly give Express Consent to be sued?
-However, COA’s jurisdiction is limited to “liquidated claims” (determined
or readily determinable by vouchers, invoices, and such other papers  Only Congress can validly give express consent to be sued
within reach of accounting officers)  Thus, in Rep. of Indonesia vs Vinzon: The SC said that “the existence alone of a
paragraph in a contract stating that any legal action arising out of the agreement
Jure Imperii Contracts
shall be settled according to the laws of the Philippines is not necessarily a waiver of
In the Philippines, the Supreme Court had considered the following
sovereign immunity from suit… it may also be meant to apply where the sovereign
transactions by a foreign state with private parties as acts jure imperii:
party elects to sue in the local courts… Submission by a foreign state to local
(1) The lease by a foreign government of apartment buildings for use of jurisdiction must be clear and unequivocal”
its military officers
(2) The conduct of public bidding for the repair of a wharf at a United Suability vs Liability
States Naval Station Where the State gives its consent to be sued by private parties either by general
(3) The change of employment status of base employees; and or special law, it may limit claimant’s action “only up to the completion of
(4) Maintenance and upkeep of diplomatic mission and official residence proceedings anterior to the stage of execution”
of an ambassador
To make the State liable, there must be another “Consent to be held liable”
Jure gestiones Contracts:
While the following transactions as acts jure gestiones: When is State Liable
“That the responsibility of the state is limited by article 1903 to the case wherein
(1) Hiring of a cook in the recreation center, consisting of three
it acts through a special agent (and a special agent, in the sense in which these
restaurants, a cafeteria, a bakery, a stop station in Baguio city, to cater
words are employed, is one who receives a definite and fixed order or
to American servicemen and the general public
commission, foreign to the exercise of the duties of his office if he is a special
(2) Bidding for the operation of barber shops in Clark Air Base
Nicole Ann Ponce
official) so that in representation of the State and being bound to act as an agent The following are citizens of the Philippines:
thereof he executed the trust confided to him. This concept does not apply to any 1935 Constitution 1973 Constitution 1987 Constitution
executive agent who is an employee of the active administration and who in his (Art 3, Sec 1) (Art 3, Sec 1) (Art 4, Sec 1)
(1) Those who are citizens (1) Those who are citizens (1)Those who are citizens of
own responsibility performs the functions which are inherent in and naturally
of the Philippine Islands at of the Philippines at the the Philippines at the time
pertain to his office and which are regulated by law and the regulations. the time of the adoption of time of the adoption of this of the adoption of this
this Constitution. Constitution. Constitution
(2) Thoose born in the (2) Those whose fathers or (2)Those whose fathers or
VI. Citizenship Philippine Islands of foreign mothers are citizens of the mothers are citizens of the
parents who, before the Philippines Philippines.
adoption of this
A. General Principles Constitution , had been
elected to public officials in
People- the inhabitants of the State. Inhabitants, Citizens, Electors the Philippine Islands
The numer of which: (3) Those whose fathers (3)Those who elect (3) Those who are born
a. Capable of self-sufficiency are citizens of the Philippine citizenship before January 17, 1973 of
b. Self-defense of both sexes forperpetuity Philippines pursuant to the provisions Filipino mothers, who elect
1. Citizen- a member of a democratic political community; exercise political of the Constitution of 1935 Philippine citizenship upon
reaching the age of
rights
majority; and
2. National- a person relating to ethnic or racial concept
(4) Those whose mothers (4)Those who are (4) Those who are
3. Subject- a member of a non-democratic political community are citizens of the naturalized in accordance naturalized in accordance
Philippines upon reaching with law with law
Citizenship- membership in a political community which is personal and more or less the age of majority, elect
permanent in character. Philippine citizenship
(5) Those who are
Importance: Citizenship denotes possession within that particular naturalized in accordance
community of full civil and political rights subject to special disqualifications with law
such as minority.
Notes: (1) Sec 1, Art 3, 1935 Constitution- Citizens (and their children) of the
Citizenship is a man’s basic right for it is nothing less than the right to have Philippines under the a. Philippine Bill of 1902 b. Jones Law (“En Masse
rights. Remove this priceless possession and there remains a stateless Naturalization”) unless they lost citizenship by November 15, 1935 (Date of
person, disgraced and degraded in the eyes of his countrymen. Inaguaration of the Commonwealth Government) and remained in the
Philippines at the time of the adoption.
Nationality- membership in any class of form of political community. Thus, nationals Those who became naturalized under the old Naturalization law
may be citizens (if memebers of a democratuic community) or subjects (if member (March 22, 1920, Act No. 2927), unless they lost Philippine citizenship on May
of monarchial community). It ndoes not necessarily include the right or privilege of 14, 1935.
exercising political and civil rights. Citizenship (political in character) vs Nationality (2) Sec 2, Art 3, 1935 Constitution- ‘elected’ does not include merely
(refers to ethnic or racial relationship) ‘appointed’ officials.
(3) Sec 4, Art 3, 1935 Constitution- Filipina AT THE TIME of marriage
Nicole Ann Ponce

1. A person’s citizenship must be raised as a material issue in a controversy
Citizens of the Philippines where said person is a party;
Kinds: 1. Natural born (vs native born) 2. The Solicitor General or his authorized representative took active part
- Those who are citizens of the Philippines from birth without having to in the resolution thereof, and
perform any act to acquire or perfect their Philippine citizenship (Art 4, Sec 3. The finding on citizenship is affirmed by the Supreme Court
2) (Valles vs Comelec)
Exception: Citizens under Sec 1, Par 4 of the 1935 Constitution. They
have to undergo a process (elect) but still deemed natural-born What is the citizenship of a Filipino Woman who married a foreigner?
- It is important to determine citizenship as natural-born or not because our Prior to 1973 Constitution: If she acquired her husband’s nationality, she lost
Constitution provides for one to be a natural-born citizen in certain Philippine citizenship otherwise, she remained a Filipino
elective positions (i.e President, Vice-President, Senator, Congressman).
- ‘Native born’ no legal significance. Pertains to those born in Philippine soil Under the 1973 Constitution: A Filipina who marries an alien shall retain her
2. Naturalized Philippine citizenship, unless by her act of ommission she is deemed, under the law,
- Performed an act to perfect one’s citizenship to have renounced her citizeship (Art 3, Sec 2).
- Including ‘Mass Naturalization’ Philippine Bill of 1902 and Jones Law of
1916 Under the 1987 Constitution: Citizens of the Philippines who marry aliens shall retain
3. By Election their citizenship unless by their act or omission, they are deemed under the law to
- Under the 1935 Constitution have renounced it (Art 4, Sec 4).
How to ‘elect Philippine Citizenship’ (Ma v Fernandez, Jr.) April 11, 1899 Phil. Bill of May 14, 1935 January 17, February 2,
The statutory (C.A 625) formalities of electing Philippine citizenship are: (Treaty of Paris) 1902/ Jones 1973 1987
(1) A statement of election under oath; Law of 1916
(2) An oath of allegiance to the Constitution and Government of the Philippines; Before April 11, 3 conditions for 1.Mentioned in 1. Mentioned 1.Mentioned in
and 1899- merely mass Sec 1, Art 3, in Sec 1, Art 3, Sec 1, Art 4,
(3) Registration of the statement of election and of the oath with the nearest spanish subjects naturalization: 1935 1973 1987
civil registry 1. A subject of Constitution Constitution Constitution
Why April 11, Spain on April 2. A native born 2. Must be a 2. Must be a
But, where “the election of citizenship has in fact been done and documented 1899? Date when 11, 1899 inhabitant of Filipino since Filipino since
the Congress of 2. Residing in the Phils. 1935 1973
within constitutional and statutory timeframe, the registration of the
the U.S ratified the Philippines 3. Naturalized Constitution Constitution
documents of election beyond the frame should be allowed if in the meanwhile the Treaty of on said date under Act No. 3. Remained a
positive acts of citizenshio have publicly, consistently, and continuosly been Paris. Day when 3. Since that Filipino until
2927
done. The actual exercise of Philippine citizenshipo, for over half a century by the U.S Congress date, noty a January 17,
the herein petitioners, is actual notice to the Philipopine public which is concurred and citizen of a 1973
equivalent to formal registration of the election of Philippine citizenship. (Ma v. the Treaty of foreign
Fernandez) Note: Distinguised this case from In re: Ching case Paris took effect country.
RES JUDICATA in Citizenship

In order that the doctrine of res judicata may be applied in cases of citizenship, the
following must be present:
Nicole Ann Ponce

Citizenship Laws and Important Dates: B. Modes of Acquiring Philippine Citizenship

 Before April 11, 1899 (Treaty of Paris)- No ‘Citizens of the Philippines’ only
Spanish ‘subjects’. 1. By Birth Jus soli- acquisition of citizenship on the basis of place of birth
*December 11, 1898 date of signing of the Treraty of Paris Jus Sanguni- acquisition on the basis of blood relationship
 From April 11 1899 to July 1, 1902 (Phil Bill of 1902)- Some judges applied 2. By Naturalization- The legal act of adopting an alien and clothing him with
‘jus soli’ as it was and still is the one followed by the United States the privilege of a native-born citizen
 On July 1, 1902- The Philippine Bill of 1902 defines ‘Citizens of the By acts of Congress- ‘expensive’
Philippines’ (*refer to table above) Judicial- residency requirement
 On August 29, 1916- Jones Law of 1916 reiterated Philippine Bill of 1902 Administrative- go to a special committee on naturalization
 On March 22, 1920- Act No. 2927, the Old Naturalization Law, was enacted 3. By marriange (not included anymore)- but still acquiring the conditions in
 On May 14, 1935- the 1935 Constitution took effect which provided for ‘jus naturalization
sanguinis’. But only those born of Filipino Father can be Filipinos by birth. General Rule: The Filipino retains Philippine citizenship
Those born of Filipino Mother and alien father had to elect citizenship upon Exception: If, by their act or omission they are deemed under the law to have
reaching the age of majority (meaning the child was alien during minority), renounced it.
but decision of courts still applying jus soli in certain cases would have to be
respected because of res judicata, NOT because of the jus soli doctrine. JUS SANGUINIS rule in the Philippines
 June 17, 1939- C.A No. 473, New Naturalization Law, took effect.  1935 Constitution (applicable to father only)
 June 7, 1941- C.A No. 625 was enacted provided for manner of of electing  1973 and 1987 Constitutions (applicable to father or mother)
Philippine citizenship as required by the 1935 Constitution  Applicable only in natural filiation, excluding filiation by adoption
 1973 Constitution took effect on January 17, 1973 which makes ‘jus  In the past, the rule is that only legitimate children can acquire the
sangunis’ applicable to either father pr mother. It also recognized as natural- citizenship of their legitimate father, so that illegitimate children follow the
born those who elected Phil. Citizenship under the 1935 Constitution. nationality of their mother who exercises parental authority over the child.
 1987 Constitution took effect on February 2, 1987, adopting the same However, the SC in Tecson vs Comelec said that this rule is applicable if such
provisions in the 1973 Constitution; rule is beneficial to the child. Amici Curiae: Fr Bernas, Justice Mendoza, and
 R.A No. 9139 was enacted on June 8, 2001 which provides for Dean Magallona opined that even an illegitimate child should follow the
‘Administration Naturalization’ in certain cases. citizenship of his father.
Note: Foreign parent must have been born in the Philippines  Concurrence of jus sanguinis and jus soli ,may result to either “dual
 R.A No. 9225, Citizenship Retention and Re-acquisition Act of 2003, was citizenship” of “stateless person”. In the latter case, his personal law is to be
enacted on August 29, 2003 determined by domicile (permanent residence) or, in its absence, residence
(temporary residence), in accordance with international law.
Important terms:
Naturalization: Basic Principles
Res judicata- “a matter already judged”  Naturalization, the act of formally adopting a foreigner into the political
- No amount of act can grant your citizenship; not applicable in citizenship body of a nation by clothing him or her with the privileged of a citizen.
Obiter Dictum- if not material to the solution of the case  Citizenship is not a right, it is only a privilege. Naturalization process
- An expression or opinion by the court or judge on a collateral queston involves public interest
not directly involved or not necessary for the decision  Conditions for Naturalization are to be determined by Congress and the
courts modify them.
Nicole Ann Ponce

 Only foreigners may be naturalized Note: Doctrine of Indelible Allegiance- An individual may be compelled
 Grant of naturalization may be revoked or cancelled. A final judgment of to retain his original nationality even if he has already renounced or
naturalization can never truly become final. forfeited it under the laws of the second State whose nationality he
 Naturalization demands allegiance to our constitution, laws and has acquired.
government
 Naturalization is proceeding in rem. Which means that it is necessary that Denaturalization
the proceeding be published (vs in persona). Grounds:
a. Naturalization certificate is obtained fraudulently or illegally.
Direct- Naturalization: Judicial, Administrative, and Congressional In Republic v Li yao, the Supreme Court declared that a
1. Judicial- Commonwealth Act 473: Revised Naturalization Law certificate of naturalization may be cancelled if it is
2. Administrative- Republic Act 9139: The Administrative Law of 2000. subsequently discovered that the applicant obtained it by
Grants Philippine Citizenship to aliens born and residing in the misleading the court upon any material fact. Availment of a
Philippines. Aliens born in the Philippines. Handled by the Solicitor tax amnesty does notnhave the effect of obliterating his lack
General of good moral character.
3. Congressional- Special Act of Legislature. This is discretionary on b. If, within 5 years, he returns to his native country or to some
Congress. Usually conferred to an alien who has made outstanding foreign country and establishes residence there; provided,
contribution to the country. that 1-year stay in native country , or 2-year stay in a foreign
country shall be prima facie evidence of intent to take up
Derivative- Effects of Naturalization: residence in the same.
1. On the wife- The wife would also become a Filipino citizen provided that c. Petition was made on an invalid declaration of intention
she does not have any disqualification that would bar her from being d. Minor children failed to graduate through the fault of the
naturalized. parents either by neglecting to support them or by
- Vests citizenship on the wife who might herself be lawfully transferring them to another school.
naturalized. She needs to prove her qualification but only
that she is not disqualified. (Moya Lim Yao) Judicial Naturalization under Commonwealth Act No. 473
2. On the minor children- R.A 9225: Derivative citizenship (not apllicable to Qualifications:
alien husbnad) *due to national security purposes, from the reasoning e. Not less than 21 years of age on the date of the hearing of the
that men are the most likely spies petition
i. If born in the Philippines automatically becomes a citizen f. Resided in the Philippines for a continuos period of not less
ii. If born abroad before the naturalization of the father than 10 years. May be reduced to 5 years if he honorably held
a. Residing in RP at the time of naturalization automatically office in Government, established a new industry or
becomes citizens introduced a useful invention, married to a Filipina woman,
b. If NOT residing in RP at the time of naturalization considered been engaged as a teacher in the Philippines (in a public or
citizen only during minority, unless begins to reside permanently private school not established for the exclusive instruction of
in the Phils. persons of a particular nationality or race) or in any of the
iii. If born outside the Philippines after parents’ naturalization branches of education or industry for a period of not less than
considered Filipino, provided registered as such before any Phil. 2 years, or born in the Philippines
Consulate within 1 year after attaining majority age and takes oath of g. Good moral character, believes in the principles underlying the
allegiance. Philippine Constitution; must have conducted himself in a
proper and irreproachable manner during the entire period of
Nicole Ann Ponce
his residence in the Philippines in his relartions with the schools recognized by the Government and not limited to
constituted government as well as the community in which he any race or nationality
is living a2. Resided in the Philippines for 30 years or more before
h. Own real estate in the Philippines worth not less than P5,000 the filing of the petition, and enrolled his children in
or must have known lucrative trade, profession or lawful elementary and high schools recognized by the
occupation Government and not limited to any race or nationality
i. Speak and write English or Spanish and any of the principal A3. Widow and minor children of an alien who has
Philippine languages declared his intention to become citizen of the
j. Enrolled his minor children of school age in any of the public or Philippines and dies before he is actually naturalized
private schools recognized by the Government where b. Filing of the petition, accompanied by the affidavit of 2
Philippine history, government and civics are taught as part of credible persons, citizens of the Philippines, who personally
the school curriculum, during the entire period of residence in know the petitioner, as character witnesses.
the Philippines required of him prior to the hearing of his c. Publication of the petition. Under Sec 9, Revised
petition for naturalization Naturalization Law. Publication is a jurisdictional
Disqualifications: requirement.
a. Those opposed top organized government or affiliated with d. Actual residence in the Philippines during the entire
any association or group of persons who uphold and teach proceedings
doctrines opposing all organized government. e. Hearing of the petition
b. Defending or teaching the necessity or propriety of violence, f. Promulgation of the decision
personal assault or assasination for the success or g. Hearing after 2 years. At this hearing, the applicant shall show
predominance of ideas. that during the two-year probation period, applicant has:
c. Polygamists or believers in polygamy g1. Not left the Philippines
d. Convicted of a crime involving moral turpitude g2. Dedicated himself continuously to a lawful calling or
e. Suffering from mental alienation or incurable contagious profession
disease g3. Not been convicted of any offense or violation of
f. Who, during the period of their residence in the Philippines, rules; and
have not mingled socially with Filipinos, or have not evinced a g4. Not committed an act prejudicial to the interest of
sincere desire to learn and embrace the customs, traditions, the nation or contrary to any Government-announced
and ideals of the Filipinos policies
g. Citizens or subjects of nations with whjom the Philippines is at h. Oath taking and issuance of the Certificate of Naturalization
war, during the period of such war
h. Citizens or subjects of a foreign country whose laws do not Administrative Naturalization R.A 9139
grant Filipinos the right to become naturalized citizens or a. Special Committee on Naturalization- Composed of the
subjects thereof. Solicitor General as Chairman, the Secretary of Foreign Affairs
Procedure: or his representative and the National Security Adviser, as
a. Filing of declaration of intention 1 year prior to the filing of members, this Committee has the power to approve, deny or
the petition with the Office of the Solicitor General. The reject applications for naturalization under this Act.
following are exempt from filing declaration of intention: b. Qualifications
a1. Born in the Philippines and have received their b1. Applicant must be born in the Philippines and residing
primary and secondary education in public or private therein since birth
Nicole Ann Ponce
b2. Not be less than 18 years of age, at the time of filing  They may reacquire Philippine citizenshipo by taking the oath of
his/her petition allegiance
b3. Be of good moral charactewr and believes underlying  Those Filipino citizens who, after the effectivity of R.A 9225,
principles of the Constitution and must have conducted become citizens of a foreign country, may reacquire their
himself/herself in a proper and irreproachable manner during Philippine citizenship upon talking the oath of allegiance.
his/her entire period of residence in the Philippines in his  Unmarried child, whether legitimate, illegitimate or adopted,
relations with the duly constituted government as well as with below 18 years if age, of those who reacquire their Philippine
the community in which he/she is living. citizenship upon the effecitivity of R.A 9225 shall be deemed
b4. Have received his/her primary and secondary education in citizens of the Philippines.
any public school or private educational institution duly  Those who reacquire or retain Philippine citizenship under the
recognized by the Department of Education, where Philippine Act shall enjoy full civil and political rights and be subject to all
history, government and civics are taught and prescribed as attendant liabilities and responsibilities under existing laws of
part of the school curriculum and where enrollment is not the Phils. And the following conditions:
limited to any race or nationality, provided that should he/she -Meet the requirement of RA 9189, The Overseas
have minor children of school age, he/she must have enrolled Absentee Voting Act of 2003, and other exsting laws.
them in similar schools -For those seeking elective public office and appointive
b5. Have a known trade, business, profession or lawful office, meet the qualifications, make personal and sworn
occupation, from which he/she derived income sufficient for renunciation, subscribe and swear to an oath of allegiance
his/her support and that of his/her family; provided that this to the RP
shall not applyto applicants who are college degree holders -For those intending to practice their profession, apply
but are unable to practice their profession because they are with proper authority for a license or permit to enagage in
disqualified to do so by reason of their citizenship; such practice
b6. Be able to read, write and speak Filipino or any of the 2. By express renunciation of citizenship
dialects of the Philippines  Conscious, voluntary and intelligent renunciation
b7. Have mingled with the Filipinos and evinced a sincere  Express renunciaton means a renunciation made known
desire to learn and embrace the customs and traditions and distinctly and explicitly, and not left to inference or implication
ideals of the Filipino people. or presumption
c. Disqualifications:  Mere registration of alien in BID and mere possession of foreign
The same as those provided in C.A 473 passport do not constitute effective renunciation.
C. Loss of Citizenship Commonwealth Act No. 63, Section 1 3. By subscribing to an oath of allegiance
To support the Constitution or laws of a foreign country upon attaining the
1. By naturalization in a foreign country age of 21, provided, application of the principle of Indelible Allegiance- by
However this was modified by R.A 9225- An Act making the Citizenship of virtue of R.A 9225.
Philippine Citizens Who acquire Foreign Citizenship permanent 4. By rendering service to or accepting commission in the armed forces of a
September 15, 2003- Declares the policy of the state that all Philippine foreign country EXCEPT:
citizens who beocme citizens of another country shall be deemed to have  If RP has a defensive and/or ofensive pact of allaince with the said
lost their Philippine Citizenship under the conditions of this Act. foreign country; and
Nicole Ann Ponce

 The said foreign country maintains armed forces in Philippine  Repatriation shall be effected by merely taking the necessary
territory with the consent of RP oath of allegiance to the Commonwealth of the Philippines and
5. By cancellation of the certificate of naturalization registration in the proper civil registry.
6. By having declared by competent authority a deserter of the pardon or  Deserter of the Armed Forces of the Philippines express
amnesty granted. renunciation of citizenship
7. In the case of a woman, upon marriage to a foreigner.  Certificate of Registration
If, by virtue of the laws in force in her husband’s country, she acquires his 2. Sec 1, R.A 965(1953)
nationality. (Under 1973 and 1987, she remains a Filipino)  Any person who, being a citizen of the Philippines on December
8, 1941, had lost said citizenship by rendering service to, or
D. Reacquisition: Modes of Reacquiring Citizenship accepting commission in, the armed forces of an allied foreign
country, and taking an oath of allegiance incident thereto, may
1. By Naturalization reacquire Philippine citizenship by taking an oath of allegiance to
a. Judicial the Republic of the Philippines and registering the same with the
b. Administrative Local Civil Registry in the place where he resides or last resided
c. Congressional in the Philippines within 1 year from the date of the approval of
2. By Direct Act of Congress this Act. The said oath of allegiance shall contain, in addition, a
3. By Repatriation renunciaton of any other citizenship
a. Mode for reacquisition  Service in the Allied Forces during World War II
b. Governed by various statutes  Certificate of Registration
c. Consists of taking of an oath of allegiance to the RP and 3. Sec 1, R.A 2630 (1960)
registering said oath in the Local Civil Registry of the place  Any person who had lost his Philippine citizenship by rendering
where the person concerned resides or last resided service to, or accepting commission in, the Armed Forces of the
United States, or after separation from the Armed Forces of the
Effect of Repatriation: United States, acquired United States citizenship, may reacquire
It allows the person to revocer or return to his original status before he lost Philippine citizenship by taking an oath of allegiance to the
his Philippine citizenship . Thus, the respondent a former natural-born republic of the Philippines and registering the same with the
Filipino citizen who lost his Philippine citizenship when he enlisted in the U.S Local Civil Registry in the place where he resides or last resided
Marine Corps, was deemed to have recovered his natural-born status when in the Philippines. The said oath of allegiance shall contain
he acquired Filipino citizenship through repatriation (Bengson vs HRET). renunciation of any other citizenship.
 Service in the Armed Forces of the U.S at any give time
 Certificate of Registration
The only persons entitlted to repatriation under R.A 8171 are the following: 4. Sec 1, R.A 8171 (1995)
a. Filipino women who lost their Philippine citizenship  Filipino women who have lost their Phuilippine citizenship by
b. Natural-born Filipinos including their minor children who lost their marriage to aliens and natural-born Filipinos who have lost their
Philippine Citizenship on account of political (e.g Marcos regime) or Philippine citizenship, including their minor children, on account
economic (e.g OFWs) necessity. of political or economic necessity, may reacquire Philippine
citizenship through repatriation in the manner provided in
Repatriation Laws: section 4 of Commonwealth Act No. 63 as amended
 Marriage of a Filipina
1. Sec 4, C.A No. 63  Political or economic necessity
Nicole Ann Ponce
 Certificate of Registration + Bureau of Immigration The legislative still has to enact the law on dual allegiance.
How to Repatriate? D. Dual Citizenship and Dual Allegiance
Generally: The person desiring to reacquire Philippine citizenship would not Dual Citizenship
even be reacquired to file a petition a court, and all that he had to do was to Arised as a result of the concurrent application of the different laws of 2or
take an (1)oath of allegiance to the Republic of the Philippines and to register more states, a person is simultaneously considered as a national of said states;
that fact with the (2)civil registry in the place of his residence or where he had involuntary
last resided in the Philippines.
Under R.A 8171

Section 2 Dual Allegiance
-Repatriation shall be effected by taking the necessary (1)oath of allegiance to Refers to a situation in which a person simultaneously owes, by some positive
the Republic of the Philippines and registration in the (2)proper civil registry act, loyalty to 2 or more states; voluntary/positive acts. Result of an
and in the (3)Bureau of Immigration. The Bureau of Immigration shall individual’s volition.
thereupon cancel the pertinent alien certificate of registration and issuance
of the certificate of identification as Filipino citizen to the repatriated citizen. Doctrine of Indelible Allegiance
An individual may be compelled to retain his original nationality even if he has
R.A 9225 already renounced or forfeited it under the laws of the second State whose
Section 4 (Derivative Citizenship) nationality he has acquired.
-The unmarried child, whether legitimate, illegitimate or adopted, below 18
years of age, of those who re-acquire Philippine citizenship upon effectivity of Instances when a citizen of the Philippines may posses dual citizenship
this Act shall be deemed citizens of the Philippines. 1. Those born of Filipino fathers and/or mothers in foreign countries which
Section 5 (Restoration of Civil and Political Rights) follow the principle of jus soli
-Civil and Political rights are restored, but subject to certain conditions and 2. Those born in the Philippines of Filipino mothers and alien fathers if by
additional requirements. the laws of their father’s country such children are citizens of that
-Those who are candidates for or are occupying public office in the country country;
which they are naturalized and/or those in the active service of the armed 3. Those who marry aliens if by the laws of the latter’s country the former
forces of the country which they are naturalized citizens are considered citizens, unless by their act or omission they are deemed
Retention: to have renounced Philippine citizenship.
Natural born citizens of the Philippines who, after the effectivity of this Act,
become citizens of a foreign country shall retain their Philippin citizenship
upon taking the aforesaid oath. Promoting “Dual Allegiance”?
Dual Allegiance and R.A 9225
The fact that the applicant taking the oath recognizes and accepts the
supreme authority of the Philippines is an unmistakable and categorical
affirmation of his undivided loyalty to the Republic.
Nicole Ann Ponce

o naturalization laws should be rigidly enforced in favor
of the Government
Laws in Citizenship: o Applicant must prove to possess all qualifications and none of
the disqualifications
- Phil Organic Act of 1902
o Decision granting Phil citizenship becomes executor only after
o Citizen of the Phils was an inhabitant of the Phils who was a
2 years from promulgation
Spanish subject on April 11, 1899
o Court must be satisfied that during the intervening period,
o Inhabitant:
applicant has:
 Native-born inhabitant
o Not left the Phils
 Inhabitant who was a native of Peninsular Spain
o Dedicated himself to lawful calling or profession
 Inhabitant who obtained Spanish papers on or before
o Not been convicted of any offense or violation of
April 11, 1899
Government promulgated rules OR
o Termed what Phil citizens are
o Committed any act prejudicial to the interest of the
o Children born between April 11, 1899 to July 1, 1902= Phil
nation or contrary to any Govt announced policies
citizens by JUS SOLI
o alien woman marrying a Filipino, native born or naturalized,
- Jones Law (1916) or Philippine Autonomy Act
becomes ipso facto a Filipina provided she is notdisqualified to
o Native-born inhabitant of the Phils= citizen of the Phils as of
be a citizen of the Philippines under Section 4 of the same law
April 11, 1899
o an alien woman married to an alien who is subsequently
o Native-born inhabitant
naturalized here follows the Philippine citizenship of her
 Subject of Spain on April 11, 1899
husband the moment he takes his oath as Filipino citizen,
 Resided in the Phils on said date
provided that she does not suffer from any of the
 Since that date, not a citizen of any foreign country
disqualifications under said Section 4.
- CA 265
- CA 63
o act providing for the manner in which the option to elect
o Express Renunciation of citizenship as a mode of losing
Philippine citizenship
citizenship
o Someone whose mother is a Filipino citizen
o Mode to REACQUIRE Filipino Citizenship
o Procedure that should be followed to make a valid election of
o Must be EQUIVOCAL and DELIBERATE with FULL AWARENESS
Phil citizenship
of its significance and consequence
 procedure to elect is not tedious
o 3 modes of reacquiring Filipino citizen:
- CA 473
 Naturalization
o “Revised Naturalization Act”
 mode for both acquisition and reacquisition
o Mode to ACQUIRE Phil citizenship through naturalization
of Philippine citizenship
o May be cancelled on the ground of illegal or
fraudulent procurement thereof  As a mode to ACQUIRE:
o Naturalization  governed by Commonwealth Act
No. 473, as amended
Nicole Ann Ponce
 As a mode to REACQUIRE: of the place where the person concerned resides or last
 Governed by CA 63 (must possess resided
certain qualifications and none of  results in the recovery of the original nationality
the disqualifications in Sec 4, CA o these laws could only apply to persons who had lost their
473) Philippine citizenship by rendering service to, or accepting
 Repatriation commission in, the armed forces of an allied country or the
 Direct act of Congress armed forces of the US
o former Filipino citizen who wishes to reacquire Philippine o RA 2630
citizenship must possess certain qualifications and none of the  Repatriation of those who lost their Phil citizenship by
disqualification mentioned in Section 4 of C.A. 473 accepting commission in the Armed Forces of the US
- PD 725 - RA 8171
o Amended CA 63 o Repatriation among others of natural-born Filipino who lost
o Curative and remedial their citizenship on account of political or economic necessity
o Creates new rights and also provides for a new remedy, o act providing for repatriation of Filipino women who have lost
thereby filling certain voids in our laws their Philippine citizenship by marriage to aliens
o Granted a new right to these women o repatriation shall be effected by taking the necessary oath of
o Provided new remedy and new right allegiance to the RP AND registration in the proper civil registry
o Favour of other “natural born Filipinos who had lost their Phil and in the Bureau of Immigration
citizenship but now desire to reacquire Phil citizenship” - RA 9225
- RA 530 o Citizenship Retention and Re-acquisition Act of 2003
o Naturalization proceedings o Act Making the Citizenship of Philippine Citizens Who Acquire
o 30 days from promulgation, 2 years after to be executed to Foreign Citizenship Permanent, Amending for the Purpose
meet conditions Commonwealth Act No. 63, As Amended, and for Other
- RA 965 and 2630 Purposes
o Covers repatriation  Section 2: all Philippine Citizens who become citizens
o May be had under various statutes by those who lost their of another country shall be deemed not to have lost
citizenship due to: their Philippine citizenship
 desertion of the armed forces; services in the armed  Section 3: Retention of Philippine Citizenship: natural-
forces of the allied forces in World War II born citizens of the Philippines who have lost their
 service in the Armed Forces of the United States at Philippine citizenship by reason of their naturalization
any other time as citizens of a foreign country are hereby deemed to
 marriage of a Filipino woman to an alien have reacquired Philippine citizenship upon taking
 political economic necessity the following oath of allegiance to the Republic
o simply consists of the taking of an OATH of allegiance to o Natural-born citizens of the Philippines who, after the
Philippine and REGISTERING said oath in the Local Civil Registry effectivity of this Act, become citizens of a foreign country
Nicole Ann Ponce
shall retain their Philippine citizenship upon taking the
aforesaid oath.
o oath taken by the former Filipino citizen is an effective
renunciation and repudiation of his foreign citizenship
o repatriation statute
 repatriation results in the recovery of the original
nationality
o Natural born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country shall
retain their Philippine citizenship upon taking the aforesaid
oath.
 Oath= effective renunciation of the foreign country
o Derivative Citizenship (Sec 4)
 Unmarried child, whether legitimate or illegitimate
below 18 years old becomes a citizen
o Sec 5 (Restoration of Civil and Political Rights)
 Civil and political rights are restored but subject to
certain conditions and additional requirements
o implied renunciation (under oath electing Phil citizenship in
COC)
 only applicable if you acquired dual citizenship by
birth
 NOT APPLICABLE WHEN YOU HAVE BEEN
NATURALIZED TO ACQUIRE DUAL CITIZENSHIP
- RA 9189
o Absentee Voting Law
o Not establish that duals have to establish residence and
physically stay in the Philippines first before they can exercise
their right to vote
o After availing RA 9225
o RA 9225: implicit acknowledgment that duals are most likely
non-residents, grants under Sec 5(1) the same right of suffrage
as that granted an absentee voter under RA 9189
Nicole Ann Ponce


Constitution 1 Notes Midterms

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Constitution 1 Notes

What is Public Law? C. CONSTITUTIONAL DEMOCRACY

Nicole Ann Ponce

Nicole Ann Ponce

Nicole Ann Ponce

Nicole Ann Ponce

Nicole Ann Ponce

Nicole Ann Ponce

Nicole Ann Ponce

1933 Montevideo Convention on the Rights and Duties of States

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Nicole Ann Ponce

B. Kinds of Sovereignty: G. Effects of belligerent occupation: No change in sovereignty

Nicole Ann Ponce

Nicole Ann Ponce

When considered a suit against the State:

Two Frameworks/ situation; Application / Prohibition of the rule:

Nicole Ann Ponce

Nicole Ann Ponce

Nicole Ann Ponce

RES JUDICATA in Citizenship

Nicole Ann Ponce

Citizenship Laws and Important Dates: B. Modes of Acquiring Philippine Citizenship

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Nicole Ann Ponce

How to Repatriate? D. Dual Citizenship and Dual Allegiance

Under R.A 8171

Dual Allegiance and R.A 9225

Nicole Ann Ponce

Nicole Ann Ponce

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