1st Exam Reviewer

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I. The Philippine Constitution Chavez v. JBC- The Supreme Court quoted the latin maxim verba legis non
Macariola v. Asuncion- Political Law has been defined as that branch of est recidendum, meaning there can be no departure on words as the statute
public law which deals with the organization and operation of the government or the constitution has provided for 2 reasons:
organs of the state and defines the relations of the state with the inhabitants a. The words and phrases in the constitution have the intent and
of its territory. objective of the framers. What is the extent and objective of the
framers? To make them understandable by everybody.
Constitutional Law is the study of the maintenance of the proper balance
between authority represented by the three inherent powers of the State and b. The second reason is that the constitution is not a document for
liberty as guaranteed by the Bill of Rights. lawyers or law students or those knowledgeable in law, so that
words and phrases are to be understood in their ordinary or
Scope of Political Law dictionary meaning except of course when there is an intent [to
• The law of Public Administration- deals with the organization and use the technical meaning].
management of the different branches of the government;
• Constitutional Law- deals with the guaranties of the constitution to Presumption of Constitutionality
individual rights and the limitations on governmental action; Perez v. People- There is a strong presumption of Constitutionality accorded
to statutes. It is an established doctrine that a statute should be construed,
• Administrative Law- deals with the exercise of executive power in
whenever possible, in harmony with, rather than in violation of the
the making of rules and the decision of questions affecting private
Constitution. The presumption is that the legislature intended to enact a
rights;
valid, sensible and just law. It is a generally accepted rule that every statute,
• The law on Public Corporations- deals with the governmental
or regularly accepted act, is presumed to be valid and constitutional.
agencies for local government or for other special purpose.
Adoption and Effectivity of the Present Constitution
I.A. Constitution: definition, nature, and concepts Article V of the Provisional Constitution
Constitution defined Sec. 1: Within 60 days from the date of this Proclamation, a commission shall be
Types/kinds of Constitution appointed by the President to draft a New Constitution. The Commission shall be
composed of not less than 30 nor more than 50 natural born citizens of the PH, of
Constitution- written instrument organizing the government, distributing its recognized probity, known for their independence, nationalism and patriotism. They
powers and safeguarding the rights of the people. shall be chosen by the President after consultation with various sectors of society.
Types/kinds of Constitution Sec. 2: The commission shall complete its work within as short a period as may be
consistent with the need both to hasten the return of normal constitutional government
1. According to its adaptation
and to draft a document truly reflective of the ideals and aspirations of the Filipino
A. Written Constitution- provisions have been reduced to writing and people.
embodied in one instrument. Also known as conventional or
Sec. 3: The Commission shall conduct public hearings to insure that the people will
enacted because it is given definite form by a steadily constituted have adequate participation in the formulation of the New Constitution.
body, the constitutional convention.
Sec. 4: The plenary sessions of the Commission shall be public and recorded.
a. Democratic- springs from authority of the people;
Sec. 5: The New Constitution shall be presented by the Commission to the president
b. Monarchical- granted by a monarch as an act of grace to his
who shall fix the date for the holding of a plebiscite. It shall become valid and effective
subject. upon ratification by a majority of the votes cast in such plebiscite which shall be held
B. Unwritten Constitution- not committed to writing, but is the within a period of 20 days following its submission to the president.
accumulated product of gradual political and legal development.
Also known as cumulative or evolved because they are not SECTION 27, Art. XVIII, 1987 Constitution. This Constitution shall take effect
formulated at any definite time. immediately upon its ratification by a majority of the votes cast in a plebiscite held for
the purpose and shall supersede all previous Constitutions.
2. According to amendment process
A. Rigid- one that may not be amended except thru a special Proclamation No. 58- Feb. 11, 1987
process distinct from and more involved than the method of The Constitutional Commission of the 1986 adopted the Constitution of the Republic of
the Philippines on October 15, 1986, together with the Ordinance appended thereto,
changing ordinary laws. The constitution is rendered difficult to
which shall become valid and effective upon ratification by a majority of the votes cast
change and thereby acquires a greater degree of stability. in a plebiscite called for the purpose.
B. Flexible- may be changed in the same manner and through the
same body that enacts ordinary legislation. De Leon v. Esguerra- The 1987 Constitution was ratified in a plebiscite on
February 2, 1987. By that date, therefore, the Provisional Constitution must
Characteristics of our own Constitution be deemed to have been superseded. Having become inoperative,
It is written and rigid. It can only be amended or revised by a procedure respondent OIC Governor could no longer rely on Section 2, Article III,
prescribed by the Constitution itself, and not by way of legislation. thereof.

How do we interpret the Constitution? By virtue of the provision of Article XVIII, Section 27 of the 1987 Constitution
1. Verba Legis- whenever possible, the words used by the that it "shall take effect immediately upon its ratification by a majority of the
constitution must be given ordinary meaning except when votes cast in a plebiscite held for the purpose," the 1987 Constitution took
technical terms are employed. effect on February 2, 1987, the date of its ratification in the plebiscite held on
2. Ratio Legis Est Anima- where there is ambiguity, a doubtful that same date.
provision shall be examined in the light of the history of the times
So that is the date of the ratification" and that "the canvass thereafter [of the
and conditions and circumstances under which the Constitution
votes] is merely the mathematical confirmation of what was done during the
must reign.
date of the plebiscite and the proclamation of the President is merely the
3. Constitution must be interpreted as a whole.
official confirmatory declaration of an act which was actually done by the
Filipino people in adopting the Constitution when they cast their votes on the
Background of the present Constitution:
date of the plebiscite
1. 1935 Constitution;
2. 1973 Constitution;
3. 1986 Constitution (freedom constitution);
4. 1987 Constitution.

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 2
Compare with Effectivity of Statutes 1. By Congress
Art. XVII, sec. 1
Tanada v. Tuvera (1985)- Without such notice and publication, there would SECTION 1. Any amendment to, or revision of, this Constitution may be
be no basis for the application of the maxim "ignorantia legis non excusat." It proposed by:
would be the height of injustice to punish or otherwise burden a citizen for (1) The Congress, upon a vote of three-fourths of all its Members; or
the transgression of a law of which he had no notice whatsoever, not even a
constructive one. (2) A constitutional convention.
The publication of all presidential issuances "of a public nature" or "of 2. By Constitutional Convention
general applicability" is mandated by law. Obviously, presidential decrees Art. XVII, sec. 3
that provide for fines, forfeitures or penalties for their violation or otherwise SECTION 3. The Congress may, by a vote of two-thirds of all its Members,
impose a burden or the people, such as tax and revenue measures, fall call a constitutional convention, or by a majority vote of all its Members,
within this category. Other presidential issuances which apply only to submit to the electorate the question of calling such a convention.
particular persons or class of persons such as administrative and executive
orders need not be published on the assumption that they have been 3. By the people through initiatives
circularized to all concerned. Art. XVII, sec. 2
It is needless to add that the publication of presidential issuances "of a public SECTION 2. Amendments to this Constitution may likewise be directly
nature" or "of general applicability" is a requirement of due process. It is a proposed by the people through initiative upon a petition of at least twelve
rule of law that before a person may be bound by law, he must first be per centum of the total number of registered voters, of which every legislative
officially and specifically informed of its contents. district must be represented by at least three per centum of the registered
voters therein. No amendment under this section shall be authorized within
The Court therefore declares that presidential issuances of general five years following the ratification of this Constitution nor oftener than once
application, which have not been published, shall have no force and effect. every five years thereafter.

Tanada v. Tuvera (1986)- After a careful study of this provision and of the The Congress shall provide for the implementation of the exercise of this
arguments of the parties, both on the original petition and on the instant right.
motion, we have come to the conclusion and so hold, that the clause "unless
it is otherwise provided" refers to the date of effectivity and not to the RA 6735, sec. 5 & 9 (b)
requirement of publication itself, which cannot in any event be omitted. This Sec. 5. Requirements.
(a) To exercise the power of initiative or referendum, at least ten per centum
clause does not mean that the legislature may make the law effective
(10%) of the total number of the registered voters, of which every
immediately upon approval, or on any other date, without its previous legislative district is represented by at least three per centum (3%) of the
publication. registered voters thereof, shall sign a petition for the purpose and register
the same with the Commission.
Publication is indispensable in every case, but the legislature may in its
discretion provide that the usual fifteen-day period shall be shortened or (b) A petition for an initiative on the 1987 Constitution must have at least
extended. twelve per centum (12%) of the total number of registered voters as
signatories, of which every legislative district must be represented by at
Publication must be in full or it is no publication at all since its purpose is to least three per centum (3%) of the registered voters therein. Initiative on
inform the public of the contents of the laws. the Constitution may be exercised only after five (5) years from the
ratification of the 1987 Constitution and only once every five (5) years
E.O. 200- June 18, 1987 amending Art. 2, NCC thereafter.
Sec. 1. Laws shall take effect after 15 days following the completion of their (c) The petition shall state the following:
publication either in the Official Gazette or in a newspaper of general c.1. contents or text of the proposed law sought to be enacted, approved
circulation in the Philippines, unless it is otherwise provided. or rejected, amended or repealed, as the case may be;
c.2.the proposition;
c.3. the reason or reasons therefor;
I.B. Parts
c.4. that it is not one of the exceptions provided herein;
Liberty c.5. signatures of the petitioners or registered voters; and
Government c.6. an abstract or summary in not more than one hundred (100) words
Sovereignty which shall be legibly written or printed at the top of every page of the
petition
I.C. Amendments and Revision (d) A referendum or initiative affecting a law, resolution or ordinance passed
i. Proposal by the legislative assembly of an autonomous region, province or city is
Art. XVII, sec. 1 &2 deemed validly initiated if the petition thereof is signed by at least ten per
SECTION 1. Any amendment to, or revision of, this Constitution may be centum (10%) of the registered voters in the province or city, of which
proposed by: every legislative district must be represented by at least three per centum
(3%) of the registered voters therein; Provided, however, That if the
(1) The Congress, upon a vote of three-fourths of all its Members; or province or city is composed only of one (1) legislative district, then at
(2) A constitutional convention. least each municipality in a province or each barangay in a city should be
represented by at least three per centum (3%) of the registered voters
SECTION 2. Amendments to this Constitution may likewise be directly therein.
proposed by the people through initiative upon a petition of at least twelve (e) A referendum of initiative on an ordinance passed in a municipality shall
per centum of the total number of registered voters, of which every legislative be deemed validly initiated if the petition therefor is signed by at least ten
district must be represented by at least three per centum of the registered per centum (10%) of the registered voters in the municipality, of which
voters therein. No amendment under this section shall be authorized within every barangay is represented by at least three per centum (3%) of the
registered voters therein.
five years following the ratification of this Constitution nor oftener than once
every five years thereafter. (f) A referendum or initiative on a barangay resolution or ordinance is
deemed validly initiated if signed by at least ten per centum (10%) of the
The Congress shall provide for the implementation of the exercise of this registered voters in said barangay.
right. Sec. 9. Effectivity of Initiative or Referendum Proposition.
(b) The proposition in an initiative on the Constitution approved by a majority of the
Gonzales v. COMELEC- reiterated Art. XVII, sec. 1 &2. votes cast in the plebiscite shall become effective as to the day of the plebiscite.

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 3
Doctrine of Constitutional Supremacy legislation, or that which supplies sufficient rule by means of which the right it
Manila Prince Hotel v. GSIS grants may be enjoyed or protected, is self-executing. Thus a constitutional
RULING: A constitution is a system of fundamental laws for the governance provision is self- executing if the nature and extent of the right conferred and
and administration of a nation. It is supreme, imperious, absolute and the liability imposed are fixed by the constitution itself, so that they can be
unalterable except by the authority from which it emanates. It has been determined by an examination and construction of its terms, and there is no
defined as the fundamental and paramount law of the nation. It prescribes language indicating that the subject is referred to the legislature for action.
the permanent framework of a system of government, assigns to the different In self-executing constitutional provisions, the legislature may still enact
departments their respective powers and duties, and establishes certain legislation to facilitate the exercise of powers directly granted by the
fixed principles on which government is founded. The fundamental constitution, further the operation of such a provision, prescribe a practice to
conception in other words is that it is a supreme law to which all other laws be used for its enforcement, provide a convenient remedy for the protection of
must conform and in accordance with which all private rights must be the rights secured or the determination thereof, or place reasonable
determined and all public authority administered. Under the doctrine of safeguards around the exercise of the right. The mere fact that legislation may
constitutional supremacy, if a law or contract violates any norm of the supplement and add to or prescribe a penalty for the violation of a self-
constitution that law or contract whether promulgated by the legislative or by executing constitutional provision does not render such a provision ineffective
the executive branch or entered into by private persons for private purposes in the absence of such legislation. The omission from a constitution of any
is null and void and without any force and effect. Thus, since the Constitution express provision for a remedy for enforcing a right or liability is not necessarily
is the fundamental, paramount and supreme law of the nation, it is deemed an indication that it was not intended to be self-executing. The rule is that a
written in every statute and contract. self-executing provision of the constitution does not necessarily exhaust
legislative power on the subject, but any legislation must be in harmony with
D. Self-executing and non-self-executing provisions the constitution, further the exercise of constitutional right and make it more
available. Subsequent legislation however does not necessarily mean that the
IN CASE OF DOUBT, THE CONSTITUTION SHOULD BE CONSIDERED subject constitutional provision is not, by itself, fully enforceable.
SELF- EXECUTING RATHER THAN NON-SELF-EXECUTING
FACTS: Petitioner questions his being declared a nuisance candidate
Manila Prince Hotel v. GSIS
FACTS: The controversy arose when respondent GSIS, decided to sell RULING: Implicit in the petitioner’s invocation of the constitutional provision
through public bidding 30% to 51% of the issued and outstanding shares of ensuring "equal access to opportunities for public office" is the claim that there
respondent MHC (Manila Hotel). In a close bidding only two (2) bidders is a constitutional right to run for or hold public office and, particularly in his
participated: petitioner Manila Prince Hotel Corporation, a Filipino corporation, case, to seek the presidency. There is none. What is recognized is merely a
which offered to buy 51% of the MHC or 15,300,000 shares at P41.58 per privilege subject to limitations imposed by law. Section 26, Article II of the
share, and Renong Berhad, a Malaysian firm, with ITT-Sheraton as its hotel Constitution neither bestows such a right nor elevates the privilege to the level
operator, which bid for the same number of shares at P44.00 per share, or of an enforceable right. There is nothing in the plain language of the provision
P2.42 more than the bid of petitioner. which suggests such a thrust or justifies an interpretation of the sort.

Pending the declaration of Renong Berhad as the winning bidder/strategic The "equal access" provision is a subsumed part of Article II of the
partner and the execution of the necessary contracts, petitioner in a letter to Constitution, entitled "Declaration of Principles and State Policies." The
respondent GSIS dated 28 September 1995 matched the bid price of P44.00 provisions under the Article are generally considered not self- executing, and
per share tendered by Renong Berhad and subsequently sent a manager's there is no plausible reason for according a different treatment to the "equal
check Bid Security to match the bid of the Malaysian Group, which respondent access" provision. Like the rest of the policies enumerated in Article II, the
GSIS refused to accept. Hence, the case. provision does not contain any judicially enforceable constitutional right but
merely specifies a guideline for legislative or executive action. The disregard
Petitioner invokes Sec. 10, second par., Art. XII, of the 1987 Constitution and of the provision does not give rise to any cause of action before the courts.
submits that the Manila Hotel has been identified with the Filipino nation and
has practically become a historical monument which reflects the vibrancy of As earlier noted, the privilege of equal access to opportunities to public office
Philippine heritage and culture. It is a proud legacy of an earlier generation of may be subjected to limitations. Some valid limitations specifically on the
Filipinos who believed in the nobility and sacredness of independence and its privilege to seek elective office are found in the provisions of the Omnibus
power and capacity to release the full potential of the Filipino people. To all Election Code on "Nuisance Candidates" and COMELEC Resolution No. 6452
intents and purposes, it has become a part of the national patrimony Petitioner dated December 10, 2002 outlining the instances wherein the COMELEC may
also argues that since 51% of the shares of the MHC carries with it the motu proprio refuse to give due course to or cancel a Certificate of Candidacy.
ownership of the business of the hotel which is owned by respondent GSIS, a
government-owned and controlled corporation, the hotel business of JUDICIAL REVIEW
respondent GSIS being a part of the tourism industry is unquestionably a part Conditions:
of the national economy. Thus, any transaction involving 51% of the shares of 1. There must be an actual case or controversy calling for the exercise of
stock of the MHC is clearly covered by the term national economy, to which judicial power
Sec. 10, second par., Art. XII, 1987 Constitution, applies. 2. Person challenging must have locus standi
3. Question of constitutionality must be raised at the earliest opportunity
RULING: Sec. 10, second par., Art. XII17of the 1987 Constitution is a 4. The issue of constitutionality must the very lis mota
mandatory, positive command which is complete in itself and which needs no
further guidelines or implementing laws or rules for its enforcement. From its An ACTUAL CASE AND CONTROVERSY requires the following;
very words the provision does not require any legislation to put it in operation. (1) a PARTY with a PERSONAL AND SUBSTANTIAL INTEREST,
It is per se judicially enforceable. (2) an APPROPRIATE CASE,
Admittedly, some constitutions are merely declarations of policies and (3) a CONSTITUTIONAL QUESTION raised at the EARLIEST POSSIBLE
principles. Their provisions command the legislature to enact laws and carry TIME, and
out the purposes of the framers who merely establish an outline of government (4) a constitutional question that is the VERY LIS MOTA OF THE CASE, i.e.
providing for the different departments of the governmental machinery and an unavoidable question.
securing certain fundamental and inalienable rights of citizens. A provision
which lays down a general principle, such as those found in Art. II of the 1987
Constitution, is usually not self- executing. But a provision which is complete
in itself and becomes operative without the aid of supplementary or enabling

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 4
Locus Standi connecting the islands of the archipelago, regardless of their breadth and
1.) For TAXPAYERS, there must be a claim of illegal disbursement of public dimensions, form part of the internal waters of the Philippines
funds or that the tax measure is unconstitutional;
2.) For VOTERS, there must be a showing of obvious interest in the validity Philippine territory consists of:
of the election law in question; (1) The Philippine archipelago; and
3.) For CONCERNED CITIZENS, there must be a showing that the issues (2) All territories over which the Philippines has sovereignty or jurisdiction.
raised are of transcendental importance which must be settled early; and
4.) For LEGISLATORS, there must be a claim that the official action Method of determining the baselines
complained of infringes their prerogatives as legislators.
1. In June 17, 1961, Congress passed REPUBLIC ACT NO. 3046, AN
There are three well-settled principles of constitutional construction: ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA
1. VERBA LEGIS, that is, wherever possible, the words used in the OF THE PHILIPPINES, demarcating the maritime baselines of the
Constitution should be given their ordinary meaning except where Philippines as an archipelagic State.
technical terms are employed;
(This law followed the framing of the Convention on the Territorial Sea and the
2. Where there is ambiguity, RATIO LEGIS EST ANIMA, meaning
Contiguous Zone in 1958 (UNCLOS I), codifying, among others, the sovereign
that the words of the Constitution should be interpreted in
right of States parties over their "territorial sea", the breadth of which, however,
accordance with the intent of its framers; and
was left undetermined.)
3. UT MAGIS VALEAT QUAM PEREAT, meaning that the
Constitution is to be interpreted as a whole. REPUBLIC ACT No. 3046 provided the method in defining the baseline to wit;
determine appropriate points of the outermost Islands of the archipelago, then
OPERATIVE FACT DOCTRINE connect them by means of a straight line until all islands are surrounded or
Hacienda Luisita v. PARC enclosed by the imaginary straight lines.
RULING: Pertinently, the "operative fact" doctrine realizes that, in declaring a
law or executive action null and void, or, by extension, no longer without force “WHEREAS, the baselines from which the territorial sea of the Philippines is
and effect, undue harshness and resulting unfairness must be avoided. This determined consist of straight lines joining appropriate points of the outermost
is as it should realistically be, since rights might have accrued in favor of islands of the archipelago;”
natural or juridical persons and obligations justly incurred in the meantime. The
actual existence of a statute or executive act is, prior to such a determination, Section 2. All waters within the baselines provided for in Section one hereof
an operative fact and may have consequences which cannot justly be ignored; are considered inland or internal waters of the Philippines.
the past cannot always be erased by a new judicial declaration.
2. REPUBLIC ACT NO. 5446 was passed in 8 September 1968
In the language of an American Supreme Court decision: "The actual correcting typographical errors and reserving the drawing of
existence of a statute, prior to such a determination of [unconstitutionality], is baselines around Sabah in North Borneo.
an operative fact and may have consequences which cannot justly be ignored.
The past cannot always be erased by a new judicial declaration. The effect of In RA 5446 the definition of the baselines of the territorial sea of the Philippine
the subsequent ruling as to invalidity may have to be considered in various Archipelago as provided is without prejudice to the delineation of the baselines
aspects,––with respect to particular relations, individual and corporate, and of the territorial sea around the territory of Sabah, situated in North Borneo,
particular conduct, private and official." x x x over which the Republic of the Philippines has acquired dominion and
That the operative fact doctrine squarely applies to executive acts––in this sovereignty.
case, the approval by PARC of the HLI proposal for stock distribution.
3. In March 2009, Congress enacted RA 9522. The change was
The "operative fact" doctrine is embodied in De Agbayani v. Court of Appeals, prompted by the need to make RA 3046 compliant with the terms
wherein it is stated that a legislative or executive act, prior to its being declared of the United Nations Convention on the Law of the Sea (UNCLOS
as unconstitutional by the courts, is valid and must be complied with. III) ), which the Philippines ratified on 27 February 1984. Among
others, UNCLOS III prescribes the water-land ratio, length, and
A. National Territory contour of baselines of archipelagic States like the Philippines and
sets the deadline for the filing of application for the extended
A STATE is a community of persons, more or less numerous, permanently continental shelf.71Complying with these requirements, RA 9522
occupying a fixed territory and possessed of an independent government shortened one baseline, optimized the location of some basepoints
organized for political ends to which the great body of inhabitants render around the Philippine archipelago and classified adjacent
habitual obedience. territories, namely, the Kalayaan Island Group (KIG) and the
Scarborough Shoal, as "regimes of islands" whose islands
The elements of a state are: generate their own applicable maritime zones.
a. TERRITORY is the fixed portion of the surface of the earth inhabited by the
people of the State. RA 9522 - March 10, 2009, AN ACT TO AMEND CERTAIN PROVISIONS OF
b. PEOPLE refers simply to the inhabitants of the State. REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO
c. SOVEREIGNTY is the supreme and uncontrollable power inherent in a DEFINE THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES AND FOR
State by which that State is governed. OTHER PURPOSES
d. GOVERNMENT is the agency or instrumentality through which the will of
the State is formulated, expressed and realized. “Section 2. The baseline in the following areas over which the Philippines
likewise exercises sovereignty and jurisdiction shall be determined as "Regime
Art. 1 of Islands" under the Republic of the Philippines consistent with Article 121 of
The national territory comprises the Philippine archipelago, with all the islands the United Nations Convention on the Law of the Sea (UNCLOS):
and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial a) The Kalayaan Island Group as constituted under Presidential
and aerial domains, including its territorial sea, the seabed, the subsoil, the Decree No. 1596; and
insular shelves, and other submarine areas. The waters around, between, and
b) Bajo de Masinloc, also known as Scarborough Shoal.

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 5
Section 3. This Act affirms that the Republic of the Philippines has dominion, Art. II, Section 15. “The State shall protect and promote the right to health of
sovereignty and jurisdiction over all portions of the national territory as defined the people and instill health consciousness among them.”
in the Constitution and by provisions of applicable laws including, without Section 16. “The State shall protect and advance the right of the people to a
limitation, Republic Act No. 7160, otherwise known as the Local Government balanced and healthful ecology in accord with the rhythm and harmony of
Code of 1991, as amended.” nature.”

b. Determine the 200 mile EEZ. Art. III, Section 2. “The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures of
c. Archipelagic Doctrine - The basic concept of an archipelago is that body of whatever nature and for any purpose shall be inviolable, xxx”
water studded with islands, or the islands surrounded with water, is viewed as
a unity of islands and waters together forming one unit. b. People as Citizens

Preamble: “We, the sovereign Filipino people imploring the aid of Almighty
The main purpose of the archipelagic doctrine is to protect the territorial
God, in order to build a just and humane society and establish a Government
interests of an archipelago. According to the doctrine, even these bodies of
that shall embody our ideals and aspirations, promote the common good,
water within the baseline, regardless of breadth, form part of the archipelago
conserve and develop our patrimony, and secure to ourselves and our
and are thus considered as internal waters.
posterity the blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality and peace, do ordain and
The Philippine Government adopted the archipelagic doctrine as a national
promulgate this Constitution.”
policy to safeguard its territorial integrity and of its sovereign right to explore
and exploit, convert and manage its marine resources. Thus, the archipelagic
Art. II, Sec. 1. “The Philippines is a democratic and republican State.
doctrine has a two-fold purpose:
Sovereignty resides in the people and all government authority emanates from
them.”
(1) Economic reasons; (2) National security.
The archipelagic doctrine is the principle that it is an integrated unit; everything
Art. II, Sec. 4. “The prime duty of the Government is to serve and protect the
within it comprises the archipelago.
people. The government may call upon the people to defend the State and, in
The Constitutional provisions embodying this doctrine are:
the fulfillment thereof, all "citizens" may be required to render personal military
1. "...archipelago, with all the island and waters embraced therein".
or civil service.”
2. "...the waters around, between, and connecting the islands of the
archipelago, regardless of the breadth and dimensions, form part of internal
Art. III, Sec. 7. “The right of the people to information on matters of public
water"
concern shall be recognized. Access to official records, and to documents, and
3. "...terrestrial, fluvial and aerial domains" - (although superfluous to mention
papers pertinent to official acts, transactions, or decisions, as well as to
because land, water and air space already form part of an archipelago
government research data used as basis for policy development, shall be
4. "...territorial sea, seabed, subsoil, insular shelves, other submarine areas"
afforded the citizens subject to limitations provided by law.”
"Territorial sea" means water outside the baseline extending up to 12 nautical
miles.
c. People as Electors
"Internal water" refers to water within the baseline.
"Insular shelf" means the land which is submerged under water which may
Art. VII, Sec. 4. “The President and Vice-President shall be elected by direct
extend beyond 12 miles as long as it is not more than 300 ft. deep. It is also
vote of the people xxx.”
known as intercontinental shelf.
Art. XVI, Sec. 2. “The Congress may, by law, adopt a new name for the
4. Exclusive Economic Zone
country, a national anthem, or a national seal, which shall all be truly reflective
and symbolic of the ideals, history, and traditions of the people. Such law shall
a. PD 159975 (11 June 1978). There is established an exclusive economic
take effect only upon its ratification by the people in a national referendum.”
zone extending "to a distance of two hundred nautical miles beyond and from
the baselines from which the territorial sea is measured." (Sec. 1 thereof.)
Art. XVIII, Sec. 25. “After the expiration in 1991 of the Agreement between the
Without prejudice to the rights of the Republic of the Philippines over its
Republic of the Philippines and United States of America concerning Military
territorial sea and continental shelf, it shall have and exercise in the exclusive
Bases, foreign military bases, troops, or facilities shall not be allowed in the
economic zone the following;
Philippines except under a treaty duly concurred in by the Senate and, when
a. Sovereignty rights for the purpose of exploration and exploitation,
Congress requires, ratified by a majority of the votes cast by the people in a
conservation and management of the natural resources, whether living or non-
national referendum held for that purpose, and recognized as a treaty by the
living, both renewable and non-renewable, of the sea-bed, including the
other contracting party.”
subsoil and the superjacent waters, and
b. with regard to other activities for the economic exploitation and exploration
SOVEREIGNTY
of the resources of the zone, such as the production of energy from the water,
currents and winds;
Sovereignty is the supreme and uncontrollable power inherent in a State by
c. Exclusive rights and jurisdiction with respect to the establishment and
which it is governed.
utilization of artificial islands, off-shore terminals, installations and structures,
the preservation of the marine environment, including the prevention and
"The supreme power of the State to govern persons and things within its
control of pollution, and scientific research;
territory” and “AUTO LIMITATION”.
PEOPLE
Nothing is better settled than that the Philippines being independent and
a. People as Inhabitants
sovereign, its authority may be exercised over its entire domain. There is no
portion thereof that is beyond its power. Within its limits, its decrees are
Art. XIII, Section 1. “The Congress shall give highest priority to the enactment
supreme, its commands paramount. Its laws govern therein, and everyone to
of measures that protect and enhance the right of all the people to human
whom it applies must submit to its terms. That is the extent of its jurisdiction,
dignity, reduce social, economic, and political inequalities, and remove cultural
both territorial and personal. Necessarily, likewise, it has to be exclusive. If it
inequities by equitably diffusing wealth and political power for the common
were not thus, there is a diminution of its sovereignty.
good.”

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 6
It is to be admitted that any state may, by its consent, express or implied, proprietary venture. Also, that CNMEG, and not the Chinese government,
submit to a restriction of its sovereign rights. There may thus be a curtailment initiated the Northrail Project was confirmed. Thus, the desire of CNMEG to
of what otherwise is a power plenary in character. secure the Northrail Project was in the ordinary or regular course of its
business as a global construction company. The implementation of the
That is the concept of sovereignty as auto-limitation, which, in the succinct Northrail Project was intended to generate profit for CNMEG. The use of the
language of Jellinek, "is the property of a state-force due to which it has the term "state corporation" to refer to CNMEG was only descriptive of its nature
exclusive capacity of legal self-determination and self-restriction." as a government-owned and/or -controlled corporation, and its assignment as
the Primary Contractor did not imply that it was acting on behalf of China in
A state then, if it chooses to, may refrain from the exercise of what otherwise the performance of the latter’s sovereign functions.
is illimitable competence.
DOH v. Phil. Pharmawealth
Sovereign Immunity RULING: The rule does not apply where the public official is charged in his
Art. XVI, Sec. 3, 1987 Constitution official capacity for acts that are unauthorized or unlawful and injurious to the
SECTION 3. The State may not be sued without its consent. rights of others. Neither does it apply where the public official is clearly being
sued not in his official capacity but in his personal capacity, although the acts
When is a suit against the State? Regardless of who is named as the complained of may have been committed while he occupied a public position.
defendant, when it produces adverse consequences to the public treasury in
terms of disbursement of public funds and loss of government property. It In the present case, suing individual petitioners in their personal capacities for
cannot prosper unless the State has given its consent. damages in connection with their alleged act of "illegal[ly] abus[ing] their official
positions to make sure that plaintiff Pharmawealth would not be awarded the
Professional Video v. TESDA Benzathine contract [which act was] done in bad faith and with full knowledge
RULING: That TESDA sells the PVC cards to its trainees for a fee does not of the limits and breadth of their powers given by law" is permissible, in
characterize the transaction as industrial or business; the sale, expressly consonance with the foregoing principles. For an officer who exceeds the
authorized by the TESDA Act, cannot be considered separately from TESDA’s power conferred on him by law cannot hide behind the plea of sovereign
general governmental functions, as they are undertaken in the discharge of immunity and must bear the liabilitypersonally.
these functions. Now, the fact that a non-corporate government entity performs
a function proprietary in nature does not necessarily result in its being suable. Consent to be Sued
If said non-governmental function is undertaken as an incident to its How consent is given.
governmental function, there is no waiver thereby of the sovereign immunity
from suit extended to such government entity. 1. Express consent:
Generally: The consent to be sued, in order to be effective, must come from
ATO v. Ramos the State, acting through a duly enacted statute. Waiver of state immunity can
RULING: An unincorporated government agency without any separate only be made by an act of legislative body.
juridical personality of its own enjoys immunity from suit because it is invested
with an inherent power of sovereignty. Accordingly, a claim for damages a. Money Claims Arising from Contracts
against the agency cannot prosper; otherwise, the doctrine of sovereign
immunity is violated. However, the need to distinguish between an ACT NO. 3083 - AN ACT DEFINING THE CONDITIONS UNDER WHICH
unincorporated government agency performing governmental function and THE GOVERNMENT OF THE PHILIPPINE ISLANDS MAY BE SUED
one performing proprietary functions has arisen. The immunity has been Section 1. Complaint against Government. — Subject to the provisions of this
upheld in favor of the former because its function is governmental or incidental Act, the Government of the Philippine Islands hereby consents and submits to
to such function; it has not been upheld in favor of the latter whose function be sued upon any moneyed claim involving liability arising from contract,
was not in pursuit of a necessary function of government but was essentially expressed or implied, which could serve as a basis of civil action between
a business. private parties.
Sec. 2. A person desiring to avail himself of the privilege herein conferred must
ATO is an agency of the Government not performing a purely governmental or
show that he has presented his claim to the Insular Auditor and that the latter
sovereign function, but was instead involved in the management and
did not decide the same within two months from the date of its presentation.
maintenance of the Loakan Airport, an activity that was not the exclusive
prerogative of the State in its sovereign capacity. Hence, the ATO had no claim Sec. 3. Venue. — Original actions brought pursuant to the authority conferred
to the State’s immunity from suit. We further observe the doctrine of sovereign in this Act shall be instituted in the Court of First Instance of the City of Manila
immunity cannot be successfully invoked to defeat a valid claim for or of the province were the claimant resides, at the option of the latter, upon
compensation arising from the taking without just compensation and without which court exclusive original jurisdiction is hereby conferred to hear and
the proper expropriation proceedings being first resorted to of the plaintiffs’ determine such actions.
property. Sec. 4. Actions instituted as aforesaid shall be governed by the same rules of
procedure, both original and appellate, as if the litigants were private parties.
With the CAAP having legally succeeded the ATO pursuant to R.A. No. 9497,
the obligations that the ATO had incurred by virtue of the deed of sale with the Sec. 5. When the Government of the Philippine Island is plaintiff in an action
Ramos spouses might now be enforced against the CAAP. instituted in any court of original jurisdiction, the defendant shall have the right
to assert therein, by way of set-off or counterclaim in a similar action between
China National v. Sta. Maria private parties.
RULING: There are two conflicting concepts of sovereign immunity, each Sec. 6. Process in actions brought against the Government of the Philippine
widely held and firmly established. According to the classical or absolute Islands pursuant to the authority granted in this Act shall be served upon the
theory, a sovereign cannot, without its consent, be made a respondent in the Attorney-General whose duty it shall be to appear and make defense, either
courts of another sovereign. According to the newer or restrictive theory, the himself or through delegates.
immunity of the sovereign is recognized only with regard to public acts or acts
jure imperii of a state, but not with regard to private acts or acts jure gestionis. Sec. 7. Execution. — No execution shall issue upon any judgment rendered
by any court against the Government of the Philippine Islands under the
The parties executed the Contract Agreement for the purpose of constructing provisions of this Act; but a copy thereof duly certified by the clerk of the Court
the Luzon Railways. The Memorandum of Understanding dated 14 September in which judgment is rendered shall be transmitted by such clerk to the
2002 shows that CNMEG sought the construction of the Luzon Railways as a Governor-General, within five days after the same becomes final.

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 7
RULING: Under these circumstances, respondent may not validly invoke the
Sayson v. Singson Royal Prerogative of Dishonesty and conveniently hide under the State's cloak
RULING: With the facts undisputed and the statute far from indefinite or of invincibility against suit, considering that this principle yields to certain
ambiguous, the appealed decision defies explanation. It would be to disregard settled exceptions. True enough, the rule, in any case, is not absolute for it
a basic corollary of the cardinal postulate of non-suability. It is true that once does not say that the state may not be sued under any circumstance.
consent is secured, an action may be filed. There is nothing to prevent the
State, however, in such statutory grant, to require that certain administrative To be sure, this Court — as the staunch guardian of the citizens' rights and
proceedings be had and be exhausted. Also, the proper forum in the judicial welfare — cannot sanction an injustice so patent on its face, and allow itself to
hierarchy can be specified if thereafter an appeal would be taken by the party be an instrument in the perpetration thereof. Justice and equity sternly demand
aggrieved. Here, there was no ruling of the Auditor General. Even had there that the State's cloak of invincibility against suit be shred in this particular
been such, the court to which the matter should have been elevated is this instance, and that petitioners-contractors be duly compensated — on the basis
Tribunal; the lower court could not legally act on the matter. What transpired of quantum meruit — for construction done on the public works housing
was anything but that. It is quite obvious then that it does not have the imprint project.
of validity
C. If the government files a complaint, defendant may file a counterclaim
b. Incorporation of government-owned or controlled corporation. against it

When the government creates a corporation, it invariably provides this Froilan v. Pan Oriental
corporation a separate entity and with the capacity to sue and be sued. If the RULING: When the State itself files a complaint, the defendant is entitled to
government entity is given the capacity to be sued, the suit encompasses any file a counterclaim against it. This is based on equitable grounds. The Court
kind of action, including one from tort. ruled that the state impliedly allowed itself to be sued when it filed a complaint
in intervention for the purpose of asserting a claim for affirmative relief against
NHA v. Heirs of Guivelondo the plaintiff, to wit, recovery of a vessel.
RULING: The universal rule that where the State gives its consent to be sued
by private parties either by general or special law, it may limit claimant’s action. By filing its complaint in intervention, the Government in effect waived its
right of non-suability. Stated otherwise, by taking the initiative in an action
"only up to the completion of proceedings anterior to the stage of execution" against a private party, the State surrendered its privileged position and
and that the power of the Courts ends when the judgment is rendered, since came down to the level of the defendant. The latter automatically acquires,
government funds and properties may not be seized under writs of execution within certain limits, the right to set up whatever claims and other defenses
or garnishment to satisfy such judgments, is based on obvious considerations he might have against the State.
of public policy. Disbursements of public funds must be covered by the
corresponding appropriation as required by law. The functions and public *Express consent is effected only by the will of the legislature through the
services rendered by the State cannot be allowed to be paralyzed or disrupted medium of a duly enacted statute.
by the diversion of public funds from their legitimate and specific objects, as
appropriated by law. Not all contracts entered into by the government will operate as a waiver of
its non-suability; distinction must be made between its sovereign and
However, if the funds belong to a public corporation or a government-owned proprietary acts.
or controlled corporation which is clothed with a personality of its own,
separate and distinct from that of the government, then its funds are not As for the filing of a complaint by the government, suability will result only
exempt from garnishment. This is so because when the government enters where the government is claiming affirmative relief from the defendant.
into commercial business, it abandons its sovereign capacity and is to be
treated like any other corporation. Scope of consent

2. Implied consent: a. Under Act No.3083

B. When it would be inequitable for the state to invoke its immunity, or when it When a money judgment is given against the government, the ordinary rule
takes private property for public use or purpose. for execution would not apply, for the consent of the government to be sued is
only up to the point of judgment. If it does not pay, it cannot be compelled to
FACTS: The Ministry of Public Works and Highways forged individual pay by attachment or otherwise
contracts with herein petitioners for the construction of the housing units. After
complying with the terms of said contracts, and by reason of the verbal request Commissioner v. San DIego
and assurance of then DPWH Undersecretary that additional funds would be RULING: Although the Government, as plaintiff in expropriation proceedings,
available and forthcoming, petitioners agreed to undertake and perform submits itself to the jurisdiction of the Court and thereby waives its immunity
"additional constructions" for the completion of the housing units, despite the from suit, the judgment that is thus rendered requiring its payment of the award
absence of appropriations and written contracts to cover subsequent determined as just compensation for the condemned property as a condition
expenses for the "additional constructions." Thus, the money claims of precedent to the transfer to the title thereto in its favor, cannot be realized upon
petitioners. execution. The Court there added that it is incumbent upon the legislature to
appropriate any additional amount, over and above the provisional deposit,
Respondent DPWH Secretary Gregorio Vigilar denied the subject money that may be necessary to pay the award determined in the judgment, since the
claims prompting herein petitioners to file a Petition for Mandamus. Government cannot keep the land and dishonor the judgment.
The universal rule that where the State gives its consent to be sued by private
Hence, this petition where the core issue for resolution focuses on the right of parties either by general or special law, it may limit claimant's action "only up
petitioners-contractors to compensation for a public works housing project to the completion of proceedings anterior to the stage of execution" and that
the power of the Courts ends when the judgment is rendered, since
government funds and properties may not be seized under writs of execution

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar
1st Exam Reviewer 8
or garnishment to satisfy such judgments, is based on obvious considerations SUABILITY v. LIABILITY
of public policy. Art. 2176 & 2180, Civil Code
Disbursements of Public funds must be covered by the corresponding
appropriation as required by law. The functions and public services rendered Art. 2176. Whoever by act or omission causes damage to another, there being
by the State cannot be allowed to be paralyzed or disrupted by the diversion fault or negligence, is obliged to pay for the damage done. Such fault or
of public funds from their legitimate and specific objects, as appropriated by negligence, if there is no pre-existing contractual relation between the parties,
law. is called a quasi-delict and is governed by the provisions of this Chapter.

b. Under a charter Art. 2180. The obligation imposed by Article 2176 is demandable not only for
When consent to be sued is provided by the charter, the consent does not stop one's own acts or omissions, but also for those of persons for whom one is
with the rendition, but goes up to the satisfaction of the judgment. responsible.
If an incorporated agency has a charter of its own, it has a separate and distinct xxx
personality. If the agency is incorporated, the basis for its suabilty is found in The owners and managers of an establishment or enterprise are likewise
its charter. responsible for damages caused by their employees in the service of the
branches in which the latter are employed or on the occasion of their functions.
PNB v. CIR
Employers shall be liable for the damages caused by their employees and
FACTS: What was sought to be garnished was the money of the People's
household helpers acting within the scope of their assigned tasks, even though
Homesite and Housing Corporation deposited at petitioner's branch, to satisfy
the former are not engaged in any business or industry.
a decision of respondent Court which had become final and executory. A writ
of execution in favor of private respondent Gabriel V. Manansala had The State is responsible in like manner when it acts through a special agent;
previously been issued. but not when the damage has been caused by the official to whom the task
done properly pertains, in which case what is provided in Article 2176 shall be
RULING: The premise that the funds could be spoken of as public in character applicable.
may be accepted in the sense that the People's Homesite and Housing xxx
Corporation was a government-owned entity It does not follow though that they The responsibility treated of in this article shall cease when the persons herein
were exempt from garnishment.By engaging in a particular business thru the mentioned prove that they observed all the diligence of a good father of a
instrumentality of a corporation, the government divests itself pro hac vice of family to prevent damage.
its sovereign character, so as to render the corporation subject to the rules of
law governing private corporations." Merrit v. Government of the PH Islands
FACTS: Plaintiff E. Meritt, a contractor, had a collision with the General
According to US Chief Justice Marshall: "It is, we think, a sound principle, that Hospital Ambulance which turned suddenly and unexpectedly without having
when a government becomes a partner in any trading company, it divests sounded any whistle or horn. Merrit was severely injured. His condition had
itself, so far as concerns the transactions of that company, of its sovereign undergone depreciation and his efficiency as a contractor was affected. The
character, and takes that of a private citizen. Instead of communicating to the plaintiff is seeking a certain amount for permanent injuries and the loss of
company its privileges and its prerogatives, it descends to a level with those wages during he was incapacitated from pursuing his occupation. In order for
with whom it associates itself, and takes the character which belongs to its Merritt to recover damages, he sought to sue the government which later
associates, and to the business which is to be transacted. authorized the plaintiff to bring suit against the Government and authorizing
the Attorney- General to appear in said suit.
One of the coronaries of the fundamental concept of non-suability is that
governmental funds are immune from garnishment. Since then such a RULING: By consenting to be sued a state simply waives its immunity from
principle has been followed with undeviating rigidity. It is an entirely different suit. It does not thereby concede its liability to plaintiff, or create any cause of
matter if, the office or entity is "possessed of a separate and distinct corporate action in his favor, or extend its liability to any cause not previously recognized.
existence." Then it can sue and be sued. Thereafter, its funds may be levied It merely gives a remedy to enforce a pre-existing liability and submits itself to
upon or garnished. That is what happened in this case. the jurisdiction of the court, subject to its right to interpose any lawful defense.

c. Execution In the case at bar, the ambulance driver was not a special agent nor was a
government officer acting as a special agent. Hence, there can be no liability
Republic v. Hidalgo from the government. As stated by Justice Story of United States “The
RULING: It is settled that when the State gives its consent to be sued, it does Government does not undertake to guarantee to any person the fidelity of the
not thereby necessarily consent to an unrestrained execution against it. officers or agents whom it employs, since that would involve it in all its
Tersely put, when the State waives its immunity, all it does, in effect, is to give operations in endless embarrassments, difficulties and losses, which would be
the other party an opportunity to prove, if it can, that the state has a liability. In subversive of the public interest.”
Republic v. Villasor this Court, in nullifying the issuance of an alias writ of
execution directed against the funds of the Armed Forces of the Philippines to Municipality of Hagonoy v. Judge Firme
satisfy a final and executory judgment, has explained, thus— A distinction should first be made between suability and liability. "Suability
depends on the consent of the state to be sued, liability on the applicable law
. . . The universal rule that where the State gives its consent to be sued by and the established facts. The circumstance that a state is suable does not
private parties either by general or special law, it may limit claimant’s action necessarily mean that it is liable; on the other hand, it can never be held liable
"only up to the completion of proceedings anterior to the stage of execution" if it does not first consent to be sued. Liability is not conceded by the mere fact
and that the power of the Courts ends when the judgment is rendered, since that the state has allowed itself to be sued. When the state does waive its
government funds and properties may not be seized under writs of execution sovereign immunity, it is only giving the plaintiff the chance to prove, if it can,
or garnishment to satisfy such judgments, is based on obvious considerations that the defendant is liable."
of public policy. Disbursements of public funds must be covered by the
correspondent appropriation as required by law. The functions and public
services rendered by the State cannot be allowed to paralyzed or disrupted by
the diversion of public funds from their legitimate and specific objects, as
appropriated by law.

Based on the updated syllabus of Atty. Montejo & the lectures of Atty. Roda Alvar