CONSTITUTIONAL LAW 1

COMPILED RECITATION QUESTIONS

PREAMBLE – ARTICLE VI

PREAMBLE
1. What is Preamble?
 The preamble is the distillation of the ideals and aspirations of the Filipino people.

Purpose and effect of the Preamble

Not a source of power or right for any department of government. But because it sets down
the origin, scope and purpose of the Constitution, it is useful as an aid in ascertaining the
meaning of ambiguous provisions in the body of the Constitution.

2. What is the manifestation of the sovereign will of the Filipino People?

 The constitution is the manifestation of the sovereign will of the Filipino People. The
manifestation of the sovereign will of the Filipino people is more apparent in the 1987 as well as
in the 1973 Constitution than in the 1935 Constitution because in the 1987 and 1973 Constitution,
the preamble starts with “We, the sovereign Filipino People” while under the 1935 Constitution, it
starts with “The Filipino people”.

The significance of the use of a first person word “We” in the preamble under the 1987 and 1973
Constitution stresses the active and sovereign role of the Filipino People as author of the
Constitution. The language differs from the 1935 Constitution which used the third person “The
Filipino People” which suggests that another power was announcing that the Filipinos were finally
being allowed to promulgate a constitution.

3. Aglipay vs Ruiz – made reference to the preamble of the 1935 Constitution

ARTICLE I – NATIONAL TERRITORY

1. Is a definition of the National Territory in the Constitution necessary?

 No, it does not fix the extent of the Philippine territory. Hence, the silence of a constitution
regarding the territorial limits of a sovereignty does not deprive such sovereignty of any
portion of territory it is entitled to under international law.

2. Then why a definition of Philippine territory in the 35 Consti? In the 73 and 87 Consti?
In 1935 Constitution, the definition of the Philippine territory reflects a strategy/tactical purpose because it
was the intent of the Convention to use the 1935 Constitution as an international instrument binding on the
United States. This is also for the protection of our country. To keep our integrity.

In 1973 and 1987 Constitution, the definition of the Philippine territory was a recognition of the fact that
such article would have a historical value and the convention feels that it would be difficult to explain
reason of a failure to provide a territorial definition.
3. Where is/ define the Philippine Archipelago?

The Philippine Archipelago is that body of water studded with islands. This is defined under the Article
1 of the 1935 Constitution wherein the Philippine territory is delineated in the Treaty of Paris
(December 10, 1898), modified by the Treaty of Washington (November 7, 1900) and the Treaty with
Great Britain (January 2, 1930).

4. Why is the Treaty of Washington necessary?

 The Treaty of Washington corrected the error with respect to the Islands of Sibutu and
Cagayan de Sulu.

5. What is ARCHIPELAGIC DOCTRINE?

 Under the Archipelagic Doctrine “the waters around, between, and connecting the islands
of the archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippine”.

6. Boundary of Territorial Sea, Contiguous zone and Exclusive Economic Zone

 territorial sea  12 nautical miles from the baselines (or the low-water line along the coast
as marked on large scale charts officially recognized by the coastal State)
 contiguous zone  extended 12 nautical miles from the territorial sea
 exclusive economic zone  200 nautical miles from the edge of territorial sea

7. What is the relevance of the 1734 Carta Hydrographica y Chorographica de las Islas
Filipinas map by Father Pedro Murillo Velarde?
 It shows that the Spratly Islands and Scarborough Shoal were part of the Philippine
Archipelago in history. Thus, it invalidated the China’s position paper and that China is
legally bound by the Treaty of Washington which includes all islands outside the Treaty of
Paris within the cession to the US.

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

1. What is the Declaration of Principles?
 Is a statement of the basic ideological principles and policies that underlie the Constitution.
As such, the provisions shed light on the meaning of the other provisions of the Constitution.

 A general outline of the contents of the constitution.

2. What is the relation of the declaration of principles and the preamble?

 There is no relation between the declaration of principles and the preamble. The declaration
of principles is a general outline of the contents of the constitution while the preamble is the
distillation of the ideals and aspirations of the Filipino people.

3. What is the difference of the 1935, 1973, and 1987 constitution regarding the self-executory
and enforceable provision?
 In the 1987 Constitution, it already contains self-executory and enforceable right in contrast to the
1935 and 1973 Constitution in which the principles were merely guides for legislation.

The Sec. 16 of Article II is an example of a self-executory and enforceable provision as explained in

the ruling of the Supreme Court in the leading case of Oposa vs. Factoran.
4. Where is the “republic” came from in the Section 1 of Article II?
 In the Tydings McDuffie Law which mandates the Constitution to be REPUBLICAN in form.

Tydings McDuffie Law is one of those laws crafted by US to govern the Philippines which is
considered in the development of the constitutional jurisprudence in the Philippines.

5. What is the reason why there is a “democratic form in the Section 1?

 The addition of the word “Democratic” in Sec. 1 Art II of the Constitution means that the
Philippines is not just a representative government but also shares some aspects of direct
democracy, such as the provision mandating the Congress to enact a system of initiative and
referendum under Art 6 Sec 32 and under Art 17 Sec 2 mandating the enactment by congress
of a system amending the constitution by initiative and referendum.

6. The Section 2 of II Article provides that the Philippines renounces war as an instrument of
national policy. Does it mean to say that at one time in the past, WAR was an instrument in
the national policy?
 NO, Philippines was not part of war in the past, does according to Bernas it is more
appropriate to use “condemns war”. There is a wrong choice of word used because if we say
“renounces war” it means that there is a national policy on war in the past.

7. How can an international law become a domestic law?

 It is the COURTS which will select which generally accepted principles of international laws
becomes domestic law
8. What is the meaning of “the civilian authority is, at all times, supreme than the military”.
 The supremacy of the civilian authority means the supremacy of the sovereign people, not the
supremacy of the civilian officers who are in power.

9. Under Sec.3, does the military has a political role?

 Yes, Sec.3 of Article II provides the political role of the military which is “Its goal is to secure
the sovereignty of the state and the integrity of the national territory.”

10. The military exercise of political power can be justified as a last resort, what does this
mean?
 The military can exercise political power and they can come in when civilian authority has
lost its legitimacy.

11. Who will determine when legitimacy of civilian authority is lost?

 NONE, there is no provision in the Constitution which states who will determine a
“tyrannical government”. There is no machinery provided who will overthrow the
government. The problem in the commentary of Fr. Bernas, he relies all the powers to the
military to overthrow the government which is too dangerous.

12. What is your comment on the commentary of Bernas: “One cannot escape the conclusion
that the armed forces can be a legitimate instrument for the overthrow of a civilian
government that has ceased to be a servant of the people…that a long standing tyranny can be
legitimately overthrown.”
  This means that the civilian supremacy is not a guaranteed supremacy of civilian officers who
are in power but of supremacy of the sovereign people. The Armed Forces, in this sense, "is
the protector of the people and the State."

13. Does Section 4 of Article II, can be use in the ROTC mandatory training?
 Yes, as provided in Sec.4 of Article II that the government may call upon the people to defend
the state and, in the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil service.

The difference of the 1935 and 1973 Constitution to the 1987 Constitution is the phrase
"under conditions provided by law"  the addition of this phrase in requiring compulsory
military service is intended to give Congress a flexible guideline in dealing with contentious
objectors. There is as for yet no new doctrine formulated.

14. What Section 6, Article II - The separation of church and state shall be inviolable means?
 This means that the separation of church and state should not be violated by prohibiting
passing laws which aids or prefers one religion over the other.
 This is related to Sec 5 Article 3 of Bill of Rights - No law shall be made respecting an
establishment of religion, or prohibiting the free exercise thereof. The free exercise and
enjoyment of religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or political
rights.

15. Is the prohibition of separation of church and state mandated in the church or the state?
 The prohibition is mandated in the state because the doctrine of separation between church
and state is not violated when religious leaders attempt to influence public policy but it is
breached when the political system resolves state matters on the basis of religious arguments
and affiliations.

16. Does Sec.7 of Article II mandates that Philippines to adopt an independent foreign policy?
In relation to other states what would be the paramount of this?

 Yes, under Sec.7 of Article II provides that the State shall pursue an independent foreign
policy. In its relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-determination.

17. Does a Vessel that “uses” nuclear power prohibited?

 Not prohibited, what is prohibited under Sec.8 of Article II is the nuclear weapons/arms not
the use of nuclear energy for economic purposes.

18. If there is a war of the Philippines vs. China, does the President may allow the US to bring
nuclear armed battle ship here in the Philippines?
 Yes, if it is for the national interest that a nuclear armed battle ship is to guard Philippines.
Then, the President may decide to accept it into our territory.

19. People v. Pomar, 46 Phil 440 (1924)

  In this case, the court dismissed a statute and declared it unconstitutional. This statute
prescribed a 30 day vacation leave with pay both before and after confinement from
pregnancy. The Supreme Court ruled that it is an invasion of freedom of contract between the
employer and employee.

20. What happened in the case of Antamok Mining v. CIR, 70 Phil 340 (1940), what is the
significance of this case? What is the relationship of this case to the People vs Pomar case?
 The Antamok case abandoned the Pomar. It is one of the cases that demonstrate the
development of social justice in the Philippines. In this case, the concept of “The policy of
laissez faire” (freedom of contract with minimal state or judicial interference) (free
enterprise) has given way to the assumption of the government of the right of intervention
even in contractual relations affected with public interest.

21. Explain "those who have less in life must have more in law".
 It means more protection of the law or favorable legislation.
 It commands a legal basis in favor of those who are under privileged such that when the law
is clear and valid, it simply must be applied. But when the law can be interpreted in more
ways than one, an interpretation that favors the underprivileged must be followed.

22. What is the relation of Section 12 of Article II to Article XV – The Family?

 The continuing constitutional policy is for the protection of the family as a basic social
institution.

23. Does the Section 12 of Article II provides a blanket prohibition in divorce? Can the
Congress then pass a law on divorce?
 It is not a blanket prohibition of DIVORCE even if Sec. 12 protects the family as a basic
social institution. Thus, the Congress can pass a law on divorce.

24. Is same sex marriage legal in the Philippines?

 NO. Under the Family Code, it requires that marriage must be between a man and a woman.

25. May the Congress enact a law allowing same sex marriage?
 If Congress decides to amend section 1 and 2 of the Family code by removing the provision
that “marriage must be between a man and a woman, then same sex marriage can be legal in
the Philippines.

26. The phrase in Sec. 12 states that “life of the unborn from conception”, when is that
conception?
 When the egg cell meets the sperm cell (fertilization happens).

27. Doctrine of Imbong vs. Ochoa on fertilized ovum

 The controversy here is “when does life begin?”. In a nutshell, those opposing the RH Law
contend that conception is synonymous with "fertilization" of the female ovum by the male
sperm. On the other side of the spectrum are those who assert that conception refers to the
"implantation" of the fertilized ovum in the uterus. Majority of the Members of the Court are
of the position that the question of when life begins is a scientific and medical issue that
should not be decided, at this stage, without proper hearing and evidence.
 After deliberation and in conformity with the principle of statutory construction, which states
that words of the Constitution should be interpreted in their plain and ordinary meaning, the
traditional meaning of the word "conception" which, as described and defined by all reliable
and reputable sources, means that life begins at fertilization

28. What is the role of parents in rearing the youth?

 Education

29. What does Section 14 means “The state recognizes the role of women in nation building”? Is
there an absolute equality between men and women?
 It does NOT mean ABSOLUTE SAMENESS it recognizes the obvious biological differences
between men and women.

SECTION 14. The State shall protect working women by providing safe and healthful
working conditions, taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their full potential in
the service of the nation.

30. Oposa v. Factoran, 224 SCRA 792 (1993)

 See attached

31. LLDA v. CA, 231 SCRA 292 (1994)

 See attached

32. What is the basis of the Universal Health Care Law?

Section 15 of Article II. The state shall protect and promote the right to health and instill health
consciousness among them.
 It is a recognition that health is a fundamental right. It mandates a unified health delivery
system that is integrated and comprehensive and affordable. It calls for medical care for
paupers.

33. What is the constitutional basis in the crafting of the budget that the EDUCATION should
have the HIGHEST budget?
Section 17 of Article II
 Section 17. The state shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.
34. Sec. 17 provides for the “academic freedom”, what is the meaning of academic freedom in
1935, 1973 and 1978 Constitution?

 In 1935 Constitution, the concept of Academic freedom is the freedom of the individual
teacher from control of fault or aberrance from either within or without the academic
institution. It is the professor that has academic freedom to teach as he pleases. The emphasis
is NOT on the AUTONOMY of the INSTITUTION, but on the INTELLECTUAL
AUTONOMY of the academic teacher.

In 1973 Constitution, the concept is institutional academic freedom. It is not only the teacher
that has academic freedom, but the institution itself. The intent is to guarantee the academic
freedom and administrative autonomy of educational institutions.

In 1987 Constitution, it preserves the concept of the 1973 constitution that academic freedom
means institutional academic freedom.

35. Does Sec.18 of the Constitution differentiates private employees to public employees?
 NO
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights
of workers and promote their welfare.

REMEMBER: The right of labor to a just share in the fruits of production – does NOT mean a
mandatory profit-sharing but a voluntary sharing that is borne of the acceptance of the social
function of the means of production.

36. What are the 2 PILLARS of the NATIONAL ECONOMY?

 Section 19. The state shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.

 Section 20. The state recognizes the indispensable role of the private sector, encourages
private enterprise, and provides incentives to needed investments.

37. What does the comprehensive rural development means in Section 21 “The state shall
promote comprehensive rural development and agrarian reform?
 Comprehensive rural development means it is not just agricultural development, it
encompasses social, economic, human, cultural, political and even industrial development

38. What is the difference between the Marcosian Land Reform and the Cory Land Reform?
 Land reform of Marcos - dealt only with the distribution of Land and success was measured
by the number of hectares that was distributed to the people

 Cory Aquino- land reform is not only the distribution of land but likewise, providing money
to develop the land. Land is not sufficient, because he got used to being a farm hand. You
have to give him money to develop the land.
39. Section 24. The state recognizes the vital role of communication and information in nation
building. What is the ruling in PLDT v. NTC, 190 SCRA 717
 The Supreme Court ruled that the state can order a private development, a private telephone
company to allow interconnections. PLDT was ordered by the SC to provide for the
interconnection of private telephones. Thus, it is the start where other telco’s came in.

40. In relation to Sec. 24, what is the relation of Rappler case. What is attached in the PDRS
which makes its unconstitutional? – POSSIBLE QUESTION for MIDTERMS/FINALS
 In that commentary, he said that the constitution limits ownership and management of mass
media to Filipinos. Philippine Depositary Receipts raised capital by giving financial returns
but not ownership and management. PDR is given only PROFIT but no VOTING RIGHTS
but in the Rappler case, PDRS were interpreted as right of ownership because the holders of
PDRs had the right to prevent Rappler from changing its articles of incorporation, or bylaws
and others. Instead of the owners (of PDR) only being entitled to profit he is now exercising
rights of ownership.

ARTICLE IV - CITIZENSHIP
(October 5, 2023)
1. Who are the citizens of the Philippines?
a) Those who are citizens of the Philippines at the time of the adoption of this constitution
meaning the 1987 constitution (So who are those? Go back to 1973 constitution and find
out who are the citizens of the Philippines.)
b) Those whose fathers or mothers are citizens of the Philippines. Take note we will explain
this later.
c) Those born before January 17, 1973 of Filipino mothers (the significance of Jan 17, 1973
that is the time when 1973 const was ratified) those born, before that time of filipino
mothers who elect Philippine citizenship upon reaching the age of majority
d) Those who are naturalized in accordance with law

2. Under Sec 1 of Article 4, it states those who are the citizens of the Philippines. Under No.1
“Those who are citizens of the Philippines at the time of the adoption of this constitution. “

What is the constitution it is referring to?

 The 1987 constitution

3. So who are those citizens at the time of the adoption of 1987 Constitution?
 Refers to the citizens under Article III Sec.1 of the 1973 Constitution.

4. Who are the citizens under the 1973 Constitution?

 Article III Sec.1 of the 1973 Constitution, the following are citizens of the Philippines:
a) Those who are citizens of the Philippines at the time of the adoption of this constitution; refers to
enumeration of citizens under 1935
 b) Those whose fathers or mothers are citizens of the Philippines;
c) Those who elect Philippine citizenship pursuant to the provisions of the constitution of 1935;
d) Those who are naturalized in accordance with law.

5. Under Article III, Section 1 (1), of the 1973 constitution under

“Those who are citizens of the Philippine Islands at the time of the adoption of this constitution.”
It refers to?
 citizens under Article IV of the 1935 constitution
6. Who are the citizens under Article III, Section 1 (1) , of the 1973 constitution?
a) Those who are citizens of the Philippine Islands at the time of the adoption of this constitution;
b) Those born in the Philippine Islands of foreign parents who, before the adoption of the
constitution, had been elected to public office in the Philippine Islands;
c) Those whose fathers are citizens of the Philippines;
d) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect
Philippine citizenship;
e) Those who are naturalized in accordance with law.

7. Under Section 1, Article III of the 1973 constitution, 2. Those whose fathers or mothers are
citizens of the Philippines; Trace the history to 1935 Consti.

8. Are they natural born or not? Why?

 Natural born

9. What is the Significance of the distinction between natural born citizen and naturalized
citizens.
  Because the constitution has reserved certain constitutional offices for natural born citizens.
Members of Congress must be a natural born citizen. Pres, Vice Pres, Justice of SC, Court of
Appeals, members of COMELEC.

10. Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt
with by law. Is dual allegiance same with dual citizenship?
 No, dual allegiance is not similar with dual citizenship. Dual allegiance refers to the situation
in which a person simultaneously owes, by some positive act, loyalty to two or more states.
While dual citizenship arises as a result of the concurrent application of the different laws of
two or more states, a person is simultaneously considered a national by the said states.

Dual citizenship is allowed under the Philippine law while dual allegiance is prohibited.

Dual allegiance  swearing loyalty to another country which is inimical to the national
interest

ARTICLE V - SUFFRAGE
1. Concept of suffrage from 1973 to 1987

2. What you must not forget in Voter’s Registration?

ARTICLE VI – LEGISLATIVE DEPARTMENT

1. What are the instances of failure to adjust to the decision to adopt a bicameral legislature?
 Amendment of the constitution maybe proposed by Congress upon a vote of three-fourth
(3/4) of all its members. (Sec 1(1), Art XVII)  we have difficulty of amending the
Constitution by constituent assembly, congress cannot decide

 Membership of the JBC. (Sec 8(1) Art VIII)  confusing because it merely says that 1
member will come from Congress, since there are 2 houses in congress, we don’t know how
to treat membership in the JBC.
2. What is the reason why there are instances that the Constitution was not attuned to a bicameral
or what is the process in Congress that is attributable to this?

 In the crafting of the Constitution, the commission was divided into committees (e.g.
Preamble, National territory, etc.). They worked independently. The Constitutional
Commission worked on a UNICAMERAL Congress until they voted for it to be
BICAMERAL. They changed it at the last minute wherein the votes are. 23 votes- Bicameral;
22 votes – Unicameral

3. What are the instances where the Constitutional Commission made adjustments to be in tune
with the bicameral system?

a) Sec 4, Article VII - in case of tie for President/Vice-President, Congress acts as Electoral
Tribunal to count votes casted for President / vice President

b) Sec 9, Article VII - When there is vacancy in the Office of the Vice President, the “President
shall nominate from among the Members of the Senate and the House of Representatives…”

c) Sec 18, Article VII – On the proclamation of Martial Law: “…the Congress may, voting
jointly etc..” . The word “jointly” recognizes that there are 2 houses of Congress.

4. What is legislative power and its extent?

 Legislative power is the authority to make laws and to alter and repeal them.
The extent of power of Congress is PLENARY.

Plenary power  FULL or unlimited power to the Legislature. Thus, any power deemed to
be legislative by usage and tradition is necessarily possessed by Congress unless the organic
act has lodged it elsewhere as in the case of legislative power of the electorate through the
exercise of initiative and referendum.

5. What is Principle of non-delegability of legislative power?

 The Congress cannot delegate its legislative power or RULE MAKING POWER to other
branches of government.

6. In the making of rules and regulations of administrative bodies, is that constitutes a rule-
making power?
 NO, it is NOT an exercise of a legislative or law-making power but merely a rule-making
power or law execution. Administrative agencies are allowed either to fill up the details of an
already complete statute or to ascertain the facts necessary to bring a contingent law into
actual operation.

7. Under what conditions may the rule making power be not violative of the principle of
non-delegability?
 As long as the statute making the delegation (main law) is complete by itself by setting forth
the policy to be implemented. The Statute fixes a standard which delegate must conform in
making IRR.

8. What is Checks and balances?

  This is the Principle of separation of powers which means that legislation belongs to
Congress, execution to the executive, settlement of legal controversies to the Judiciary.
Separation of powers is NOT ABSOLUTE, it allows for checks and balances. Which means
that no one department is able to act without the cooperation of at least one of the other
departments.

9. Purpose of checks and balances. Give example.

 To prevent concentration of powers in one department and to avoid tyranny.
 Like for instance, if power is concentrated in the executive, he can make a go of everything
alone without checks and balances, so there is concentration of too much power in one
department and that would result to tyranny.

10. 2 Kinds of Legislative power.

1) Constituent – power to amend or revise the constitution
2) Ordinary – power to pass ordinary laws

11. Who are the holders of legislative power?

a) Legislative bodies - derivative legislative power from the people
b) People themselves – under the provision of initiative and referendum
c) President – emergency legislative powers when given by Congress to him

12. Is the 250 members of house of representatives absolute? Why?

 No, it is not absolute because of the creation of new legislative districts if there are creation
of new cities, new provinces and splitting of provinces.

13. "Unless otherwise fixed by law” – What does it mean under Section 5 of Article VI?

14. Computation of Partylist

 The ratio of party-list representatives to the total number of district representatives is 20%.
Number of party list representatives must be proportionately increased every time there is an
increase in the number of district representatives.