MODULE 1: WEEK 1 CONSTITUTIONAL LAW 3. Other organic laws made to apply to the Philippines, e.g.

, Philippine Bill of 1902,

Jones Law of 1916, and Tydings-McDuffie Law of 1934.
● Political Law v. Constitutional Law 4. Statutes, executive orders and decrees, and judicial decisions
5. U.S. Constitution
POLITICAL LAW:
That branch of public law which deals with the organization and operations of
the governmental organs of the State and defines the relations of the State with the
inhabitants of its territory [People v. Perfecto, 43 Phil. 887; Macariola v. Asuncion,
114 SCRA 77]. CONSTITUTIONAL LAW:

Scope/Divisions of Political Law The study of the maintenance of the proper balance between authority as
1. Constitutional Law represented by the three inherent powers of the State and liberty as guaranteed by
2. Administrative Law. That branch of public law which fixes the organization of the Bill of Rights [Cruz, Constitutional Law, 1993 ed., p. 1].
government, determines the competence of the administrative authorities who The true role of Constitutional Law is to effect an equilibrium between
execute the law, and indicates to the individual remedies for the violation of his authority and liberty so that rights are exercised within the framework of the law and
rights. the laws are enacted with due deference to rights (Cruz, Political Law).
3. Law on Municipal Corporations
4. Law of Public Officers ● The Constitution
5. Election Laws Cooley: “that body of rules and maxims in accordance with which the powers
of sovereignty are habitually exercised”
Basis of the Study Justice Malcolm: “the written instrument enacted by direct action of the
people by which the fundamental powers of the government are established, limited
1. 1987 Constitution and defined, and by which those powers are distributed among the several
2. 1973 and 1935 Constitutions departments for their safe and useful exercise for the benefit of the body politic”
 Purpose of the Constitution . b. Enacted (Conventional) or Evolved (Cumulative). A conventional
- To prescribe the permanent framework of a system of government, to constitution is enacted, formally struck off at a definite time and place following a
assign to the several departments their respective powers and duties, and to conscious or deliberate effort taken by a constituent body or ruler; while a cumulative
establish certain first fixed principles on which government is founded The constitution is the result of political evolution, not inaugurated at any specific time but
Constitution is not “the origin of private rights; it is not the fountain of law nor the changing by accretion rather than by any systematic method [Cruz, ibid., p. 5].
incipient state of government; it is not the cause but the consequence of personal c. Rigid or Flexible. A rigid Constitution is one that can be amended only by
and political freedom. a formal and usually difficult process; while a flexible Constitution is one that can be
changed by ordinary legislation [Cruz, ibid., p. 5]
Supremacy of the Constitution
- It is the basic and paramount law to which all other laws must conform and Qualities of a good written Constitution
to which all persons, including the highest officials of the land, must defer. a. Broad. Not just because it provides for the organization of the entire
No act shall be valid, however noble its intentions, if it conflicts with the government and covers all persons and things within the territory of the State but
Constitution because it must be comprehensive enough to provide for every contingency. It is
- The Constitution must ever remain supreme said that the Constitution is “not only the imprisonment of the past but the unfolding
- Right or wrong, the Constitution must be upheld as long as it has not been of the future”, to which it may be added that is also the fulfillment of the present.
changed by the sovereign people lest its disregard result in the usurpation of the b. Brief. It must confine itself to basic principles to be implemented with
majesty of law by the pretenders to illegitimate power. legislative details more adjustable to change and easier to amend.
c. Definite. To prevent ambiguity in its provisions which could result in
● Classification of Constitutions confusion and divisiveness among the people [Cruz, ibid,, pp. 5-6],
a. Written or unwritten. A written constitution is one whose precepts are
embodied in one document or set of documents; while an unwritten constitution Essential parts of a good written Constitution
consists of rules which have not been integrated into a single, concrete form but are a. Constitution of Liberty. The series of prescriptions setting forth the
scattered in various sources, such as statutes of a fundamental character, judicial fundamental civil and political rights of the citizens and imposing limitations on the
decisions, commentaries of publicists, customs and traditions, and certain common powers of government as a means of securing the enjoyment of those rights, e.g.,
law principles [Cruz, Constitutional Law, pp. 4-5] Art. III.
 b. Constitution of Government. The series of provisions outlining the document, it being essential for the rule of law to obtain that it should ever be present
organization of the government, enumerating its powers, laying down certain rules in the people’s consciousness, its language as much as possible should be
relative to its administration, and defining the electorate, e.g., Arts. VI, VII, VIII and understood in the sense they have a common use. Second, where there is
IX. ambiguity, ratio leqis et anima. The words of the Constitution should be interpreted in
c. Constitution of Sovereignty. The provisions pointing out the mode or accordance with the intent of the framers. Thus, in Civil Liberties Union v. Executive
procedure in accordance with which formal changes in the fundamental law may be Secretary, 194 SCRA 317, it was held that the Court in construing a Constitution
brought about, e.g., Art. XVII should bear in mind the object sought to be accomplished and the evils sought to be
prevented or remedied. A doubtful provision shall be examined in light of the history
Permanence of the Constitution of the times and the conditions and circumstances under which the Constitution was
- One advantage of the written, conventional and rigid constitution is its framed. Third, ut maais valeat auam pereat. i.e., the Constitution has to be
permanence, or its capacity to resist capricious or whimsical change dictated not by interpreted as a whole. In Civil Liberties Union, it was declared that sections bearing
legitimate needs but only by passing fancies, temporary passions or occasional on a particular subject should be considered and interpreted together as to
infatuations of the people with ideas or personalities. effectuate the whole purpose of the Constitution and one section is not to be allowed
- “A Constitution must be firm and immovable, like a mountain amidst the to defeat another, if by any reasonable construction, the two can be made to stand
raging of the waves” together.
- Disadvantage: written constitution is unable to adjust to the need for change
justified by new conditions and circumstances; delay in effecting the needed change b. If, however, the plain meaning of the word is not found to be clear, resort to
and thus cause irreparable injury to the public interest. other aids is available. Again in Civil Liberties Union, supra., it was held that while it
is permissible to consult the debates and proceedings of the constitutional
● Interpretation/Construction of the Constitution convention in order to arrive at the reason and purpose of the resulting Constitution,
a. In Francisco v. House of Representatives, G.R. No. 160261, November resort thereto may be had only when other guides fail as said proceedings are
10, 2003, the Supreme Court made reference to the use of well- settled principles of powerless to vary the terms of the Constitution when the meaning is clear. We think
constitutional construction, namely: First, verba leais. i. e., whenever possible, the it safer to construe the Constitution from what “appears upon its face”. The proper
words used in the Constitution must be given their ordinary meaning except where interpretation, therefore, depends more on how it was understood by the people
technical terms are employed. As the Constitution is not primarily a lawyer’s adopting it than in the framers’ understanding thereof.
 b. Proclamation of Philippine independence, at Kawit, Cavite, on June 12,
c. In case of doubt, the provisions should be considered self-executing; 1898
mandatory rather than directory; and prospective rather than retroactive. d) Self- c. Revolutionary Congress convened at Barasoain Church, Malolos,
executing provisions. A provision which lays down a general principle is usually not Bulacan, on September 15, 1898. Three drafts were submitted, namely, the drafts of
self-executing. But a provision which is complete in itself and becomes operative Pedro Paterno, Apolinario Mabini and Felipe Calderon
without the aid of supplementary or enabling legislation, or that which supplies a d. The Calderon proposal was reported to the Congress on October 8, 1898,
sufficient rule by means of which the right it grants may be enjoyed or protected, is and the Congress approved the proposed Constitution on November 29, 1898
self-executing. e. President Emilio Aguinaldo approved the same on December 23, 1898;
Congress ratified it on January 20, 1899
i) Thus, a constitutional provision is self-executing if the nature and extent of f. Aguinaldo promulgated the Constitution the following day, along with the
the right conferred and the liability imposed are fixed by the Constitution itself, so that establishment of the Philippine Republic on January 21, 1899
they can be determined by an examination and construction of its terms, and there is g. This was the first republican constitution in Asia, framed by a revolutionary
no language indicating that the subject is referred to the legislature for action [Manila convention which included 40 lawyers, 16 physicians, 5 pharmacists, 2 engineers
Prince Hotel v. GSIS, G.R. No. 122156, February 03, 1997]. and 1 priest. The Constitution recognized that sovereign power was vested in the
people, provided for a parliamentary government, acknowledged separation of
- ii) Section 26, Article II of the Constitution neither bestows a right nor powers, and contained a bill of rights.
elevates the privilege to the level of an enforceable right. Like the rest of the policies
enumerated in Article II, the provision does not contain any judicially enforceable 2. The American Regime and the Organic Acts
constitutional right but merely specifies a guideline for legislative or executive action.
The disregard of this provision does not give rise to any cause of action before the a. The Treaty of Paris of December 10, 1898. The treaty of peace entered
courts [Pamatong v. Comelec, G.R. No. 161872, April 13, 2004] into between the US and Spain upon the cessation of the SpanishAmerican War. It
provided, among others, for the cession of the Philippine Islands by Spain to the US.
● History of the Philippine Constitution b. US President McKinley’s Instructions of April 7, 1900, to transform the
1. The Malolos Constitution military into a civil government as rapidly as conditions would permit. On September
a. The Philippine Revolution of 1896 1, 1900, the authority to exercise that part of the military power of the US President
which is legislative in character was transferred from the military government to the f. The Tydings-McDuffie Act [Philippine Independence Act] of March 24,
Philippine Commission [first, the Schurman Commission, then, the Taft Commission]. 1934 authorized the drafting of a Constitution for the Philippines, the establishment
c. The Spooner Amendment to the Army Appropriation Bill of March 2, 1901 of a Commonwealth Government and, after ten years, independence.
provided that all military, civil and judicial powers necessary to govern the Philippine
Islands shall be exercised in such manner x x x for the establishment of a civil 3. The 1935 Constitution
government and for maintaining and protecting the inhabitants in the free enjoyment a. Pursuant to the authority granted under the Tydings-McDuffie Law, the
of their liberty, property and religion. On July 1, 1901, the Office of the Civil Governor Philippine Legislature passed Act No. 4125 (May 26,1934) calling for the election of
was created, and the executive authority previously exercised by the military delegates to the Constitutional Convention.
governor was transferred to the Civil Governor. b. Election of delegates: July 10, 1934; Constitutional Convention inaugural:
d. The Philippine Bill of July 1, 1902 continued the existing civil government, July 30,1934.
with the commitment from the US Congress to convene and organize in the c. Draft Constitution approved by the Constitutional Convention on February
Philippines a legislative body of their own representatives. On October 16,1907, the 8, 1935; brought to Washington on March 18, 1935, and on March 23, 1935, US
Philippine Assembly was convened to sit as the Lower House in a bicameral President Franklin Delano Roosevelt certified that the draft constitution conformed
legislature, with the Philippine Commission as the Upper House. substantially with the Tydings-McDuffie Law.
e. The Jones Law [Philippine Autonomy Act] of August 29, 1916. It d. The Constitution was ratified in a plebiscite held on May 14, 1935.
superseded the Spooner Amendment and the Philippine Bill of 1902. It was the e. The Philippine Commonwealth established under the Constitution was
principal organic act of the Philippines until November 15,1935, when the Philippine inaugurated on November 15, 1935; full independence was attained with the
Commonwealth was inaugurated (under the 1935 Constitution). It contained a inauguration of the (Third) Philippine Republic on July 4, 1946.
preamble, a bill of rights, provisions defining the organization and powers of the f. The Constitution was amended in 1939: Ordinance appended to the
departments of government, provisions defining the electorate, and miscellaneous Constitution, in accordance with the Tydings-Kocialkowski Act of August 7, 1939
provisions on finance, franchises and salaries of important officials. Executive power [Resolution of Congress: September 15, 1939; Plebiscite: October 24, 1939]
was vested in the Governor General, legislative power in a bicameral legislature g. It was amended again in 1940: Changed President’s and Vice President’s
composed of the Senate and House of Representatives, and judicial power in the term from six to four years, but no person shall serve as President for more than 8
Supreme Court, the Courts of First Instance and inferior courts. years; changed the unicameral to a bicameral legislature; established an
independent Commission on Elections [Resolution: April 11, 1940; Plebiscite: June c. RBH No. 3, March 16, 1967, allowing members of Congress to sit as
18, 1940] delegates in the Constitutional Convention without forfeiting their seats in Congress
d. RBH 1 and RBH 3 were submitted to the people in a plebiscite
4. The Japanese (Belligerent) Occupation simultaneously with local elections in November 1967, but both were rejected by the
a. With the occupation of Manila, the Commander in Chief of the Japanese people.
Forces proclaimed, on January 2, 1942, the military administration over the territory e. RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing that
occupied by the army, and ordered that “all the laws now in force in the specific apportionment of delegates to the Constitutional Convention and other
Commonwealth, as well as executive and judicial institutions shall continue to be details relating to the election of delegates be embodied in an implementing
effective for the time being as in the past”, and “all public officials shall remain in their legislation f. Republic Act No. 6132: Constitutional Convention Act of 1970.
present posts and carry on faithfully their duties as before”. i) See Imbong v. Comelec, 35 SCRA 28, where the constitutionality of the RA
b. Order No. 1 of the Japanese Commander in Chief, on January 23, 1942, 6132 was challenged because it had to do with the calling of a Constitutional
organized the Philippine Executive Commission. Convention but was not passed by % of all the members of the Senate and the
c. Executive Orders Nos. 1 and 4, dated January 30 and February 6, 1942, House of Representatives, voting separately. The Supreme Court upheld the validity
respectively, continued the Supreme Court, the Court of Appeals, the Courts of First of the law, declaring that after Congress had exercised its constituent power by
Instance and Justices of the Peace Courts, with the same jurisdiction, in conformity adopting RBH 2 and RBH 4, with the requisite % vote as required by the 1935
with later instructions given by the Commander in Chief of the Japanese Imperial Constitution, it may, by simply exercising legislative power, pass a law providing for
Army in Order No. 3, dated February 20, 1942. the details for the implementation of the resolutions passed in the exercise of its
d. October 14, 1943, the (Second) Philippine Republic was inaugurated, with constituent power.
Jose P. Laurel as President. g. Election of delegates: November 10, 1970; Constitutional Convention was
inaugurated on June 1, 1971.
5. The 1973 Constitution i) Attempt of the Constitutional Convention to submit for ratification one
a. Resolution of Both Houses (RBH) No. 1, March 16, 1967, increasing the resolution (reducing the voting age from 21 to 18) in a plebiscite to coincide with the
membership of the House of Representatives from 120 to 180 1971 local elections was declared unconstitutional by the Supreme Court in
b. RBH No. 2, March 16,1967, calling for a Constitutional Convention to Tolentino v. Comelec, 41 SCRA 702. The Court held that when a Constitutional
revise the 1935 Constitution Convention is called for the purpose of revising the Constitution, it may not submit for
ratification “piecemeal amendments” because the 1935 Constitution speaks of l. On December 31, 1972, Marcos issued Presidential Decree No. 86,
submission of the proposed amendments in “an election” (in the singular), and also organizing the Citizens Assemblies to be consulted on certain public issues; and on
because to allow the submission would deprive the people of a “proper frame of January 5, 1973, issued Presidential Decree No. 86-A, calling the Citizens
reference”. Assemblies to meet on January 10-15, 1973, to vote on certain questions, among
h. Presidential Proclamation No. 1081, on September 21, 1972: Declaration them: “Do you approve of the new Constitution?” and “Do you still want a plebiscite
of martial law by President Ferdinand E. Marcos. to be called to ratify the new Constitution?”
i. Constitutional Convention approved the draft Constitution on November 29, m. On January 17, 1973, President Marcos issued Presidential Proclamation
1972. No. 1102, declaring that the new Constitution had been ratified by the Citizens
j. On November 30,1972, President Marcos issued a decree setting the Assemblies, and “has thereby come into force and effect”.
plebiscite for the ratification of the new Constitution on January 15, 1973; on
December 17, 1972, issued an order suspending the effects of Presidential i) The validity of the ratification of the 1973 Constitution was challenged in Javellana
Proclamation 1081 in order to allow free and open debate on the proposed v. Executive Secretary, 50 SCRA 30, and companion cases (collectively known as
Constitution. the Ratification Cases). The basic issues and the votes of the SC justices were: (1)
- Planas v. Comelec, 49 SCRA 105, and companion cases (collectively Whether the validity of Proclamation 1102 is a political or a justiciable question - Six
known as the Plebiscite Cases) sought to prohibit the holding of the plebiscite. The justices said it is justiciable, three said it is political, and one justice qualified his vote.
cases were eventually dismissed for being moot and academic when President (2) Whether the new Constitution was validly ratified (with substantial if not strict
Marcos issued Presidential Proclamation 1102, declaring that the Constitution had compliance) conformably with the 1935 Constitution - Six justices said no, three said
been ratified and has come into force and effect. there was substantial compliance, and one qualified his vote. (3) Whether the people
k. On December 23, 1972, President Marcos announced the postponement had acquiesced in the new Constitution (with or without valid ratification) - Four
of the plebiscite, but it was only on January 7, 1973, that General Order No. 20 was justices said the people had already accepted the new Constitution, two said that
issued, directing that the plebiscite scheduled on January 15,1973, be postponed there can be no free expression by the people qualified to vote of their acceptance or
until further notice, and withdrawing the order of December 17, 1972, suspending the repudiation of the proposed Constitution under martial law, one said he is not
effects of Pres. Proclamation 1081 which allowed free and open debate on the prepared to state that a new Constitution once accepted by the people must be
proposed Constitution. accorded recognition independently of valid ratification, and three expressed their
lack of knowledge or competence to rule on the question because under a regime of
martial law with the free expression of opinions restricted, they have no means of Supreme Court in operation, the urge of absolute necessity renders it imperative
knowing, to the point of judicial certainty, whether the people have accepted the upon the President to act as agent for and in behalf of the people to propose
Constitution. (4) Whether the petitioners are entitled to relief - Six justices voted to amendments to the Constitution.”
dismiss the petitions, while four were for giving due course to the petitions. (5) o. The Constitution was amended again on January 30, 1980: Restored original
Whether the new Constitution is already in force - Four said yes by virtue of the retirement age of judges to 70 years of age
people’s acceptance of the same, four said they could not with judicial certainty p. Another amendment was adopted on April 7, 1981: Restored the presidential
whether or not the people had accepted the Constitution, and two declared that the system, while retaining certain features of the parliamentary system; granted natural-
new Constitution is not in force, “with the result that there are not enough votes to born Filipinos who had been naturalized in a foreign country the right to own a limited
declare tha the new Constitution is not in force”. The SC decision concluded: area of residential land in the Philippines.
“Accordingly, by virtue of the majority of six votes x x x. with four dissenting votes x x q. Still another amendment was made on January 27,1984: Provided for new rules
x all of the aforementioned cases are hereby dismissed. This being the vote of the on presidential succession, replaced the Executive Committee with a revived Office
majority, there is no further judicial obstacle to the new Constitution being considered of the Vice President, and changed the composition of the Batasang Pambansa.
in force and effect. ”
r. Snap presidential election of 1986. i) A petition to prohibit the holding of the snap
n. The 1973 Constitution was amended in 1976: Package often (10) amendments, election was filed with the SC in Philippine Bar Association v. Comelec, 140 SCRA
proposed by Marcos on September 2, 1976, without specifying the particular 455. But the petition was dismissed because considerations other than legal had
provisions being changed. This package contained the infamous Amendment No. 6. already set in, the candidates were in the thick of the campaign, and the people were
The amendments were ratified in a plebiscite held on October 16, 1976. already looking forward to the election.
i) In Sanidad v. Comelec, 73 SCRA 333, where the authority of President Marcos to s. February 22-25,1986: EDSAI People’s Revolution. See: Lawyers League for a
propose amendments to the Constitution was challenged, the high tribunal said: “If Better Philippines v. Corazon Aquino, G.R. No. 73748, May 22, 1986, where the
the President has been legitimately discharging the legislative powers of the interim Supreme Court held that the Cory Aquino government was not only a de facto but a
(National) Assembly (which was never convened), there is no reason why he cannot de jure government.
validly discharge the functions of the Assembly to propose amendments to the
Constitution, which is but adjunct, though peculiar, to its gross legislative power x x x ● The 1987 Constitution
(W)ith the interim National Assembly not convened and only the President and the 1. Proclamation of the Freedom Constitution
a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon revolutionary government. Thus, during this interregnum, a person could not
Aquino) and Vice President Laurel were assuming power. invoke an exclusionary right under a Bill of Rights because there was neither
b. Executive Order No. 1 [February 28, 1986] a Constitution nor a Bill of Rights [Republic v. Sandiganbayan, 407 SCRA
c. Proclamation No. 3, March 25,1986, announced the promulgation of the 10].
Provisional [Freedom] Constitution, pending the drafting and ratification of a
new Constitution. It adopted certain provisions of the 1973 Constitution, 2. Adoption of the Constitution
contained additional articles on the executive department, on government a. Proclamation No. 9, creating the Constitutional Commission of 50
reorganization, and on existing laws. It also provided for the calling of a members.
Constitutional Commission to be composed of 30-50 members, to draft a new b. Approval of draft Constitution by the Constitutional Commission on October
Constitution. See: Lawyers League for a Better Philippines v. Aquino, G.R. 15, 1986.
No. 73748, May 22, 1986; In Re: Saturnino Bermudez, 145 SCRA 160. c. Plebiscite held on February 2, 1987.
d. Proclamation No. 58, proclaiming the ratification of the Constitution.
i) As stated in Proclamation No. 3, the EDSA revolution was “done in
defiance of the 1973 Constitution”. The resulting government was 3. Effectivity of the 1987 Constitution: February 2, 1987, the date of the
indisputably a revolutionary government bound by no constitution or legal plebiscite when the people ratified the Constitution [De Leon v. Esguerra, 153
limitations except treaty obligations that the revolutionary government, as the SCRA 602].
de jure government in the Philippines, assumed under international law
[Republic v. Sandiganbayan, 407 SCRA 10 (2003)]. ii) During the ● Self-executing v. Non-self-executing
interregnum, after the actual take-over of power by the revolutionary SELF-EXECUTING:
government (on February 25, 1986) up to March 24, 1986 (immediately A self-executing provision is a rule that by itself is directly or indirectly
before the adoption of the Provisional Constitution), the directives and orders applicable without need of statutory implementation - Examples are the
of the revolutionary government were the supreme law because no provisions found in the Bill of Rights, which may be invoked by proper parties
constitution limited the extent and scope of such directives and orders. With independently of or even against legislative enactment. - In Collector of
the abrogation of the 1973 Constitution by the successful revolution, there Customs v. Villaluz, the SC held that judges derive directly from Article III,
was no municipal law higher than the directives and orders of the Section 2 of the Constitution the authority to conduct preliminary
 investigations to determine probable cause for the issuance of a search REVISION: Revamp or rewriting of the whole instrument
warrant or warrant of arrest, which power may not be withdrawn or restricted
by the legislature. MODES (under Proposal):
CONSTITUENT ASSEMBLY:
NON-SELF-EXECUTING: - All members of the bicameral Congress will amend the Constitution (no
It is one that remains dormant unless it is activated by legislative election)
implementation. - An example is Article II, Section 4, which provides that in - By a vote of 3/4 of all its members (3/4 of the Senate; 3/4 of the HOR) -
the fulfillment of the prime duty of defending the State, “all citizens may be Focus and scope: economic provisions only
required under conditions provided by law to render personal military or civil - Cons: selfish interest, self-motivation
service.” Such requirement cannot be imposed until and unless the
legislature so wills, through the passage of a law specifying the conditions. - CONSTITUTIONAL CONVENTION:
Another example is Article Article IV, Section 3, “Philippine citizenship may be - The Congress may, by a vote of two-thirds of all its members, call a
lost or reacquired in the manner provided by law.” This provision does not constitutional convention, or by a majority vote of all its members, submit to
cause the loss or recovery of citizenship. It is the implementing statute that the electorate the question of calling such a convention (1987 Constitution,
will. Article XVII, Sec. 3)
- New delegates elected will amend and/or revise the Constitution
Unless the contrary is clearly intended, the provisions of the - Focus and scope: revision and/or amendment of the whole Constitution
Constitution should be considered self-executing, as a contrary rule would
give the legislature discretion to determine when, or whether, they shall be PEOPLE’S INITIATIVE:
effective. These provisions would be subordinated to the will of the - Power of the people to propose amendments to the Constitution or to
lawmaking body, which could make them entirely meaningless by simply propose and enact legislation through an election called for the purpose.
refusing to pass the needed implementing statute. - Requisite: A petition of at least 12% of the total number of registered
Filipino voters of which every legislative district must be represented by at
● Modes of Proposing Amendments and/or Revisions to the Constitution least 3% of the registered voters therein
AMENDMENT: Isolated or piecemeal change only
 - Limitation: no amendment in this manner shall be authorized o Within 5 change will “accomplish such far-reaching changes in the nature of our basic
years following the ratification of the 1987 Constitution o Nor more often than governmental plan as to amount to a revision”.
once every 5 years thereafter ii) The Lambino proposal constituted a revision, not simply an
amendment, of the Constitution, because it involved a change in the form of
(in-depth) government, from presidential to parliamentary, and a shift from the present
bicameral to a a unicameral legislature.
1. Amendment vs. Revision 2. Constituent v. Legislative Power. See Imbong v. Comelec, 35
a. Lambino v. Comelec, G.R. No. 174153, October 25, 2006, SCRA 28, where the Supreme Court declared R.A. 6132 constitutional, as it
enumerates the distinctions between revision and amendment, as follows: merely provided the details for the implementation of Resolution of Both
Revision broadly implies a change that alters a basic principle in the Houses (RBH) Nos. 2 and 4.
Constitution, like altering the principle of separation of powers or the system
of checks and balances. There is also revision if the change alters the 3. Steps in the amendatory process:
substantial entirety of the Constitution. On the other hand, amendment a. Proposal [Secs. 1-3, Art. XVII]. The adoption of the suggested
broadly refers to a change that adds, reduces, deletes, without altering the change in the Constitution. A proposed amendment may come from:
basic principle involved. Revision generally affects several provisions of the i) Congress, by a vote of % of all its members. Majority of authorities
Constitution; while amendment generally affects only the specific provision opine that this is to be understood as 3 /4 of the Senate and 3 /4 of the House
being amended. of Representatives. - See Occena v. Comelec, 104 SCRA 1, which is
i) In determining whether the Lambino proposal involves an authority for the principle that the choice of method of proposal, i.e., whether
amendment or a revision, the Court considered the two-part test. First, the made directly by Congress or through a Constitutional Convention, is within
quantitative test asks whether the proposed change is so extensive in its the full discretion of the legislature.
provisions as to change directly the “substance entirety” of the Constitution by ii) Constitutional Convention, which may be called into existence
the deletion or alteration of numerous provisions. The court examines only either by a 2/3 vote of all the members of Congress, or (if such vote is not
the number of provisions affected and does not consider the degree of the obtained) by a majority vote of all the members of Congress with the question
change. Second, the qualitative test, which inquires into the qualitative effects of whether or not to call a Convention to be resolved by the people in a
of the proposed change in the Constitution. The main inquiry is whether the plebiscite [Sec. 3, Art. XVII]
 Three Theories on the position of a Constitutional Convention vis-a- In the Resolution (on the Motion for Reconsideration) in Lambino v.
vis the regular departments of government: 1) Theory of Conventional Comelec, the Court noted that the majority of the justices had voted to
Sovereignty [Loomis v. Jackson, 6 W. Va. 613]; 2) Convention is inferior to declare RA 6735 sufficient and adequate for a people’s intitiative. Lambino
the other departments [Wood’s Appeal, 79 Pa. 59]; 3) Independent of and co- thus effectively abandoned the ruling in Defensor-Santiago v. Comelec, G.R.
equal to the other departments [Mabanag v. Lopez Vito, 78 Phil. 1], No. 127325, March 19, 1997, where the Supreme Court declared R.A. 6735
iii) People, through the power of initiative [Sec. 2, Art. XVI/]. Requisite: inadequate to cover the system of initiative to amend the Constitution.
A petition of at least 12% of the total number of registered voters, of which
every legislative district must be represented by at least 3% of the registered Procedure. The essence of amendments directly proposed by the
voters therein. people through initiative upon a petition is that the entire proposal on its face
is a petition of the people. Thus, two essential elements must be present: (1)
- Limitation: No amendment in this manner shall be authorized within The people must author and sign the entire proposal; no agent or
five years following the ratification of this Constitution nor more often than representative can sign in their behalf. (2) As an initiative upon a petition, the
once every five years thereafter. proposal must be embodied in the petition. The rationale for these requisites
- Under Republic Act No. 6735 [An Act Providing for a System of is that the signature requirement would be meaningless if the person
Initiative and Referendum], approved on August 4, 1989, initiative is the supplying the signature has not first seen what it is that he is signing, and
power of the people to propose amendments to the Constitution or to propose more importantly, a loose interpretation of the subscription requirement would
and enact legislation through an election called for the purpose. There are pose a significant potential for fraud. In Lambino, the great majority of the 6.3
three systems of initiative, namely: initiative on the Constitution which refers million people who signed the signature sheets did not see the full text of the
to a petition proposing amendments to the Constitution; initiative on statutes proposed changes before signing; they were not apprised of the nature and
which refers to a petition proposing to enact a national legislation; and effect of the proposed amendments. Failure to comply with these
initiative on local legislation which refers to a petition proposing to enact a requirements was fatal to the validity of the initiative petition [Lambino v.
regional, provincial, city, municipal or bararigay law, resolution or ordinance Comelec, supra.].
[Sec. 2(a), R.A. 6735]. Indirect Initiative is exercise of initiative by the people b. Ratification [Sec. 4, Art. XVII], The proposed amendment shall
through a proposition sent to Congress or the local legislative body for action become part of the Constitution when ratified by a majority of the votes cast
[Sec. 2(b) R.A. 6735] in a plebiscite held not earlier than 60 nor later than 90 days after the
 approval of the proposal by Congress or the Constitutional Convention, or AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND
after the certification by the Commission on Elections of the sufficiency of the REFERENDUM AND APPROPRIATING FUNDS THEREFOR
petition for initiative under Sec. 2, Art. XVII.
i) Doctrine of proper submission. Because the Constitution itself I google mo
prescribes the time frame within which the plebiscite is to be held, there can
no longer be a question on whether the time given to the people to determine
the merits and demerits of the proposed amendment is adequate. Other By: eun
related principles:
- The plebiscite may be held on the same day as regular elections
[Gonzales v. Comelec, 21 SCRA 774; Occena v. Comelec, 104 SCRA 1;
Almario v. Alba, 127 SCRA 69].
- The use of the word “election" in the singular meant that the entire
Constitution must be submitted for ratification at one plebiscite only;
furthermore, the people have to be given a “proper frame of reference” in
arriving at their decision. Thus, submission for ratification of piece-meal
amendments by the Constitutional Convention (which is tasked to revise the MODULE 2: WEEK 2 CONSTITUTIONAL LAW
Constitution) was disallowed since the people had, at that time, no idea yet of
what the rest of the revised Constitution would be [Tolentino v. Comelec, 41 ● State
SCRA 702].
4. Judicial Review of Amendments. The question is now regarded as The concept of a State
subject to judicial review, because invariably, the issue will boil down to Article I
whether or not the constitutional provisions had been followed [Sanidad v. National Territory The national territory comprises the Philippine archipelago, with all
Comelec, 78 SCRA 333; Javellana v. Executive Secretary, 50 SCRA 50], the islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
I. Republic Act No. 6735 August 4, 1989 aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting ● ELEMENTS OF A STATE:
the islands of the archipelago, regardless of their breadth and dimensions, form part
of the internal waters of the Philippines. 1. PEOPLE (NACHURA)
a) Different meaning as used in the Constitution:
Article II- Declaration of Principles and State Policies Section 1. The Philippines is a i. Inhabitants (Sec. 2, Art III; Sec. 1, Art. XIII);
democratic and republican State. Sovereignty resides in the people and all ii. Citizens (Preamble; Secs. 1 & 4, Art. II; Sec. 7, Art III);
government authority emanates from them. iii. Electors (Sec. 4, Art. VII);
b) As requisite for Statehood: Adequate number for self sufficiency and defense; of
STATE (Atty. Gabriel) both sexes for perpetuity.
A community of persons, more or less numerous, permanently occupying a definite
portion of territory , independent of external control, and possessing a government to 2. TERRITORY (NACHURA)
which a great body of inhabitants render habitual obedience. Collector of Internal a. The National Territory: Sec.1, Art. I of the Constitution
Revenue v. Campos Rueda. b. Components: Terrestrial, fluvial, maritime, and aerial domains.

STATE v. NATION? (Atty. Gabriel) 3. GOVERNMENT (Nachura)

STATE is a legal or juristic concept, - The agency or instrumentality, through which the will of the State is formulated,
while NATION is an ethnic or racial concept. (NACHURA) expressed and realized.
- Defined as that institution or aggregate of institutions by which an independent
STATE v, COUNTRY v. GOVERNEMENT? society makes and carries out those rules of action which are necessary to enable
(Atty. Gabriel) GOVERNMENT is merely an instrumentality of the State through men to live in a social State, or which are imposed upon the people forming that
which the will of the State is implemented and realized. (NACHURA) Government is society by those who possess the power or authority of prescribing them.
merely an external manifestation of the State through which the will of the State is Government is the aggregate of authorities which rule a society. (US. V. Dorr)
exercised (ALBANO) STATE is independent of outside control, while COUNTRY Albano.
does not require independence.
Government as defined under Sec.2 of Revised Administrative Code:
 ‘The Government of the Philippine Islands’ is a term which refers to the a. Unitary – one in which the control of national and local affairs is exercised by the
corporate governmental entity through which the functions of government are central or national government; single, centralized government, exercising powers
exercised throughout the Philippine Islands, including, save as the contrary appears over both the internal and external affairs of the State.
from the context, the various arms through which political authority is made effective b. Federal – one in which the powers of the government are divided between two
in said Islands, whether pertaining to the central Government or to the provincial or sets of organs, one for the national affairs and the other for local affairs, each organ
municipal branches or other form of local government.” being supreme within its own sphere; consists of autonomous local government units
merged into a single state, with national government exercising a limited degree of
Traditional functions of the government: power over the domestic affairs but generally full discretion of the external affairs of
a. Constituent – mandatory for the government to perform because they the State
constitute the very bonds of society, such as the maintenance of peace and order,
regulation of property and property rights, etc.
b. Ministrant – those intended to promote the welfare, progress and 4. SOVEREIGNTY
prosperity of the people, and which are merely optional for the government to - The supreme and uncontrollable power inherent in a State by which that
perform. Merely optional. State I governed. (Laurel v. Misa)
- Juristically speaking, sovereignty means the supreme, uncontrollable
Types of Government: power, the jures sumi imperri, the absolute right to govern. (Story on the Constitution,
Gonzales, Political Law). It is the supreme will of the State, the power to make laws
As to concentration of powers in a and enforce them by all the means of coercion it cares to employ. (Albano)
governmental branch:
a. Presidential – there is separation of executive and legislative powers. KINDS OF SOVEREIGNTY
b. Parliamentary – there is fusion of executive and legislative powers in parliament, : a. Legal – which is the power to issue final commands - is the possession of
although the actual exercise of executive powers is vested in a Prime Minister who is unlimited power to make laws. (Sinco, cited in Gonzales, Phil. Politica Law,
chosen by, and accountable to, Parliament. ALBANO) - it is the authority by which a law has the power to issue final commands.
(Gilebrist, Principles of Political Science, ALBANO) - it is conferred upon Congress
As to centralization of control: (ALBANO)
 b. Political – which is the sum total of all the influences which lie behind the As an element of a state, “people” simply means a community of persons
law - is the sum total of all the influences in State which lie behind the law. - It is sufficient in number and capable of maintaining the continued existence of the
roughly defined as the power of the people. - It is the sovereignty of the electorate, or community and held together by a common bond of law. It is of no legal
in its general sense, the sovereignty of the whole body politic. (Gonzales, Phil. consequence if they possess diverse racial, cultural, or economic interests.
Political Law, ALBANO) - It is conferred upon the people.
c. Internal – the supreme power over everything within its territory Define sovereignty.
d. External – also known as independence, which is freedom from external
control. Legal sovereignty is the supreme power to affect legal interests either by
legislative, executive or judicial action. This is lodged in the people but is normally
CHARACTERISTICS OF SOVEREIGNTY exercised by state agencies. Stated in terms of auto-limitation, sovereignty “is the
a. Permanent property of a state-force due to which it has the exclusive capacity of legal self-
b. Exclusive determination and self-restriction” (Jellinek)
c. Comprehensive Political sovereignty is the sum total of all the influences in a state, legal and
d. Absolute non-legal, which determine the course of law.
e. Indivisible
f. Inalienable Define “government.”
g. Imprescriptible (Laurel v Misa) Government, as an element of a state, is defined as “that institution or
aggregate of institutions by which an independent society makes and carries out
Distinguish “state” from “nation”. those rules of action which are necessary to enable men to live in a social state, or
Although for the purpose of political sociology a state, which is a legal which are imposed upon the people forming that society by those who possess the
concept, may be distinguished from nation, which is an ethnic concept, for the power or authority of prescribing them.”
purpose of constitutional law the two terms are not distinct. The Constitution uses
them interchangeably to designate the legal concept of state as defined above.

Define “people” Definition of a State

 A state refers to a community of persons, more or less numerous, 3. Sovereignty
permanently occupying a definite portion of territory, independent of external control, “Sovereignty resides in the people”
and possessing an organized government to which the great body of inhabitants a. Sovereignty The supreme and uncontrollable power inherent in a State by which
render habitual obedience. that State is governed.
In auto-limitation terms: It is the property of a State- force due to which it has the
Elements of a State exclusive capacity of legal determination and restriction.

1. People Kinds of Sovereignty

A community of persons sufficient in number and capable of maintaining the
continued existence of the community and held together by a common bond of law. Legal Sovereignty. Cruz: Legal sovereignty is the authority which has the
power to issue final commands. In our country, the Congress is the legal sovereign.
Different Meanings of “People” as used in the Constitution: Bernas: Legal sovereignty is the supreme power to affect legal interests
3. Inhabitants either by legislative, executive or judicial action. This is lodged in the people but is
4. Electors normally exercised by state agencies.
5. Citizens Political Sovereignty Sum total of all the influences of a State, legal and
6. Sovereign. non-legal which determine the course of law.
Internal Sovereignty It refers to the power of the State to control its
The people organized collectively as a legal association is the state which domestic affairs. It is the supreme power over everything within its territory.
sovereignty resides. External Sovereignty Also known as Independence, which is freedom from
external control. It is the power of the State to direct its relations with other States.
2. Territory
Territory is the fixed portion of the surface of the earth inhabited by the ● What are the fundamental Powers of the State?
people of the state. Territory as an element of a state means an area over which a 1. Police Power
state has effective control. 2. Power of Eminent Domain
3. Power of taxation
Briefly, the POLICE POWER is the power of the State to regulate liberty, and Basis :
property for the promotion of General Welfare. The POWER OF EMINENT DOMAIN Salus populi est suprema lex (welfare of the people is the supreme law)
enables the State to forcibly acquire private property, upon payment of just Sic utere tuo ut alienum non laedas (so as to use your property so as not to
compensation, for some intended for public use. By the POWER OF TAXATION, the impair/injure another)
State is able to demand from the members of society their proportionate share or
contribution in the maintenance of the government. What are the Two (2) elements Of Police Power as enunciated in the case of
(PASEI vs. Drilon)
POLICE POWER (by Freund) Foster Common Good
Police power is defined by Freund as 'the power of promoting the public welfare by Imposition of restraint upon liberty or property
restraining and regulating the use of liberty and property'.
Definition Who exercises said power?
- Power of promoting public welfare by restraining and regulating the use of liberty Legislative branch Executive branch, upon valid delegation
and property.
- Most essential, insistent and less limitable of powers, extending as it does to all the
great public needs. CONCEPT OF POLICE POWER.
The concept of police power is well established in this jurisdiction. It has been
Scope/Characteristics defined as the "state authority to enact legislation that may interfere with personal
• It cannot be bargained away through the medium of treaty /contract liberty or property in order to promote the general welfare." As defined, it consists of
• Taxing power may be used to implement police power (1) an imposition of restraint upon liberty or property,
• Eminent domain may also be used to implement or attain police power (2) in order to foster the common good. It is not capable of an exact definition but has
• Non-impairment of contracts or vested rights will have to yield to superior and been, purposely, veiled in general terms to underscore its all comprehensive
legitimate exercise of police power embrace.
• Exercise of profession may be regulated by the state to safeguard health, morals,
peace, education, order, safety and several welfare of the people POWER OF EMINENT DOMAIN
 - It is the right, authority or power of the State as sovereign, or of those to 3. The local legislative bodies
whom the power has been lawfully delegated to take private property for 4. Certain public corporations (e.g. Land Authority and the MWSS)
public use upon observance of due process of law and paying for the owner a 5. Quasi-public corporations (e.g. PLDT and Meralco)
just compensation to be ascertained according to law.
- It is an inherent power of the state that enables it to forcibly acquire private What are the requisites in exercising the power of eminent domain?
property, which is intended for public use, upon the payment of just 1. The property taken must be private property;
compensation. It is based on political necessity; it is inseparable from the 2. The taking must be within constitutional sense;
state unless it is denied to it by its fundamental law. 3. The taking must be for public use
4. Just compensation must be paid;
Is eminent domain same with expropriation? 5. There must be due process of law
No. Eminent Domain is an inherent power, while Expropriation is the exercise
of eminent domain.
POWER OF TAXATION

How will you distinguish from police power? What is Taxation?

Police power is the power of the State to promote public welfare by - Is a mode of raising revenue for public purposes. (Cooley) What is the power
restraining and regulating the use of liberty and property. The power of eminent of taxation?
domain is the inherent right of the State to condemn private property to public use Taxation is the power inherent in sovereignty to raise revenue to defray the
upon payment of just compensation. necessary expenses of government, that is, for any public purpose.

What are taxes?

Are enforced proportional contributions from persons and property, levied by the
Who may exercise the Power of Eminent domain? state by virtue of its sovereignty for the support of the government and for all its
1. The Congress public needs (Cooley)
2. The President
Justice Malcolm believed that the power to tax “is an attribute of sovereignty. It PROGRESSIVE. Basis: Congress shall evolve a progressive system of
is the strongest of all the powers of government.” This led Chief Justice Marshall taxation. (Art. VI, Sec. 28[1]) *Taxation is progressive when its rate goes up
of the US Supreme Court, in the celebrated case of McCulloch v. Maryland, to depending on the resources of the person affected.
declare: “The power to tax involves the power to destroy.” This might be
construed to mean that the power to tax includes the power to regulate even to the Why is taxation important?
extent of prohibition or destruction (Cooley) since the inherent power to tax vested Taxation is important because:
who to tax, what to tax and how much tax is to be imposed. 1. No constitutional government can exist without it;
the power to tax is the power to destroy” is to describe not the purposes 2. It is one great power upon which the whole national fabric is based;
for which the taxing power may be used but the degree of vigor with which the 3. It is necessary for the existence and prosperity of the nation; and
taxing power may be employed in order to raise revenue-Cooley 4. It is the lifeblood of the nation. (ALBANO)
The power to tax includes the power to destroy if it is used validly as an
implement of the police power in discouraging and in effect, ultimately Upon which is taxation based?
prohibiting certain things or enterprises inimical to the public welfare. X x x Taxation is based on necessity and the reciprocal duties of protection and
But where the power to tax is used soley for the purpose of raising revenues, support between the State and those that are subject to its authority, and in the
the modern view is that it cannot be allowed to confiscate or destroy. exclusive sovereignty and jurisdiction of the State over all persons and property
within its limits for governmental purposes. (Cooley, Albano). The power of taxation
“The power of taxation is sometimes called also the power to destroy. rests on necessity and is an essential and inherent attribute of sovereignty.
Therefore it should be exercised with caution to minimize injury to the propriety rights
of a taxpayer. It must be exercised fairly, equally and uniformly, lest the tax collector Double Taxation
kill the ‘hen that lays the golden egg.” - It happens when additional taxes are laid on the same subject by the same taxing
jurisdiction during the same taxing period and for the same purpose.
Who may exercise the power? - It is not prohibited as long as equal protection clause is not violated.
Primarily, the legislature; also: local legislative bodies. - What is prohibited is DOUBLED TAXATION because it applies only to specific
individual which is a violation of equal protection clause.
What is the system of taxation in the Philippine?
 -enjoyed by other States, consonant with the public international law principle of par
in parem non habet imperium. The Head of State, who is deemed the personification
of the State, is inviolable, and thus, enjoys immunity from suit.

EXCEPTIONS ON FOREIGN STATES:

-foreign agent, operating within a territory, can be cloaked with immunity from suit but
only as long as it can be established that he is acting within the directives of the
sending State. But such immunity is removed from the moment the foreign agent is
MODULE 3: STATE IMMUNITY, PRINCIPLES AND POLICIES sued in his individual capacity,
STATE IMMUNITY
FOR CLARITY: 2 scenarios where a state may be
1. Sec. 3 Article XVI said to have descended to the level of an individual and can thus be deemed to have
“The State cannot be sued without its consent” tacitly given its consent to be sued only when it enters into business
(PhilCon, Art 16, Sec 3) Contracts.
- Merely a recognition of the Sovereign Character of the State and an express
affirmation of the unwritten rule insulating it from the jurisdiction of the courts of a. FS engaged in the activity in the regular course of business.(Automatic: The
justice. mantle of immunity shall be deemed to have been waived)
b. Enters into a contract AND the character of the contract is purely commercial,
Basis: There can be no legal right against the authority which makes the law on private and proprietary.
which the right depends [Republic v Villasor, 54 SCRA 83], However, it may be
sued if it gives consent, whether express or implied. The doctrine is also known as
the Royal Prerogative of Dishonesty.
-Even not engaged but entered into by it as governmental or sovereign acts (jus UP vs. Dizon-- An award against the petitioner would require an appropriation by
imperri). Jus imperii Not absolute. Exercise of Power of Eminent Domain , No Congress considering that such monetary liabilities were not covered by the
payment of JC. appropriation earmarked for said project

Hence: The fact the the FS enters into a contract with a private party in the host state -PUBLIC OFFICIAL CAN BE SUED IN HIS OFFICIAL CAPACITY WITHOUT THE
would not necessarily result in the waiver of its sovereign immunity. The character of NECESSITY OF FIRST OBTAINING THE CONSENT OF THE STATE TO BE
the said contract would still need to be determined. SUED.
-Even if the agency contends that it performs gov’t functions does not automatically
grant it immunity.-- can still be sued if no evidence on contrary 2. Reason for State Immunity
-It will divert the time and resources of the State from the more pressing matters
Acted on behalf of the government? demanding its attention, to the prejudice of public welfare.
-award will have to be satisfied by the gov’t and not by the petitioners personally. - Also available to foreign states in so far as they are sought to be sued in the courts
This will require the appropriation of the necessary amount to cover the of the local state. (Public International law)
damages,making the suit against the gov’t without its consent. Another basis: Sovereign Equality of States “Par in parem non habet imperium”-
one state cannot assert jurisdiction over another.
WHY IS A STATE IMMUNITY FROM SUIT OFTEN CALLED THE ROYAL - A necessary consequence of the principles of independence and equality of States.
PREROGATIVE OF DISHONESTY?
- The government itself can easily defeat a claim by invoking the doctrine of non- 3. Tests to determine if suit is against the State
suability -On the assumption that decision is rendered against the public officer or agency
- State can conveniently defeat rightful legal claims against it impleaded, will the enforcement thereof require an affirmative act from the State,
CAN THE DOCTRINE OF STATE IMMUNITY BE USED TO PERPETRATE such as the appropriation of the needed amount to satisfy the judgment? If so, then it
INJUSTICE? is a suit against the State.
- No. Government cannot evade the payment of just compensation as stated in the
case of Amigable vs. Cuenca -affects the property, rights or interests of the State and not merely those of the
officers nominally made party defendants.
 Special law-express consent of the state to be sued must be embodied in a duly
NOTE: DFA is the only authority to make a determination of immunity from suit enacted statute
( Determination that state/instrumentality is entitled to sovereign/diplomatic immunity)
although the court would not be precluded from making an inquiry into the intrinsic ● Implied-When the state itself files a complaint, the defendant is entitled to file
correctness of such certificate. a counterclaim against it
-When the state gives its consent to be sued,it does not thereby consent to
4. INSTANCES OF SUITS AGAINST THE STATE. the execution of the judgment against it. (RP vs. Villasor) Such execution will
- Some instances when a suit against the State require another waiver, lacking of which the decision cannot be enforced
is proper are: against the
(1) When the Republic is sued by name; State.-- consent does not equal to liability
(2) When the suit is against an unincorporated government agency; -can be given only through an act of Congress, in a general or special law
(3) When the suit is on its face against a government officer but the case is such that
ultimate liability will belong not to the officer but to the government.
Waiver of Immunity “Public funds cannot be the object of garnishment proceedings even if the consent to
-“Royal prerogative of dishonesty” be sued had been previously granted and the state liability adjudged. The power of
-State gives its consent. State, may divest itself of its sovereign immunity thereby the courts ends when the judgment is rendered, since government funds and
voluntarily open itself to suit. properties may not be seized under writs of execution/ garnishment to satisfy such
-EXPRESS or IMPLIED judgments,
is based on obvious considerations of public policy. Disbursements of public funds
● Expressed---> manifested through GENERAL LAW OR SPECIAL LAW must be covered by the corresponding appropriation as required by law”
-happens when the State commences litigation or enters into a business (Commissioner of Public Highways vs. San diego)
contract with an individual. The State in effect, descends to the level of said
individual and thus, opens itself to counter suits. (UP v. Dizon) SC emphasized the fundamental rule that gov’t properties are not
General law-involving liability arising from contract, express or implied, subject to levy and execution:
- “A distinction must be made b/w gov’t funds and properties for public use and those +Unincorporated- no separate juridical personality but is MERGED in the general
not held for public use. machinery of the gov’t (DOJ, Bureau of Mines)
a. Properties held for public uses- not subject to levy and sale under execution.
The same rule applies to funds in the hands of a Public officer and taxes due to a ➔ Effect: Since it has no charter and therefore has no separate juridical
municipal personality, any suit filed against it is necessarily an action against the
corporation. Philippine Gov’t of which it is part.
b. Properties owned by Municipal corporation in its proprietary capacity, property not
used for public purpose but for quasi private purposes= Subject to execution. - This being so, it is necessary to determine the NATURE of the functions in w/c the
c. Property held for public purposes is not subject to execution merely because it agency is engaged, so as to hold it suable if they are proprietary and not suable if
is temporarily used for private purposes. If the public use is wholly abandoned, such they are governmental.
property becomes subject to execution. - Also, the non-suability of the State is available to the agency even if it shown that it
is
Ascertain first WON the agency impleaded is INCORPORATED OR engaged not only in gov’t functions but also, as a SIDELINE, or INCIDENTALLY, in
UNINCORPORATED. proprietary capacity. (Necessary incident to its primary function)

+Incorporated-Has a charter of its own that invests it with a separate juridical

personality. (SSS/UP/City of Manila) 5. Suability v Liability
➔ Effect: The test of its suability is found in its charter. If its charter says so, this -The mere fact that the State is suable does not mean that it is liable. Waiver of
is true regardless of the functions it is performing. immunity does not mean concession of its liability, when,therefore, the State allows
itself to be sued, all it does in effect is to give the other party an opportunity to prove,
Ex. Municipal Corporations (Provinces and Cities). if it can, that the state is liable.
They are agencies of the state when they are engaged in gov’t functions and
therefore should enjoy the sovereign immunity. Nevertheless, they are Ex. Municipal corporations are suable because their charters grant them the
subject to suit even in the performance of such functions because their competence to sue and be sued. Nevertheless, they can only be held liable if it can
charter provided that they can sue and be sued.
be shown that they were acting in a proprietary capacity when the tort was manner and in what court suits may be brought against the state is not self-
committed. executing.

6. PRINCIPLES AND POLICIES – Article II

-one that remains dormant unless it is activated by legislative implementation.
Function: Serves as a guide to the bais ideological principles and policies that
underline the constitution. They shed light to the meaning of other provisions in the Section 1 – Democratic and Republican State
constitution. SECTION 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.
Self-Executing and Non-Self Executing provisions
A constitutional provision is self-executing when it can be given effect without
the aid of legislation, and there is nothing to indicate that legislation is intended to What is a state?

make it operative. For example, a constitutional provision that any municipality by

It’s a community of persons who are permanently occupying a definite portion
vote of four-sevenths of its qualified electors may issue and sell revenue bonds in
of territory, independent of external control and possessing an organized
order to pay for the cost of purchasing a municipally owned public utility is self-
government to which the great body of inhabitant render habitual obedience.
executing and effective without a legislative enactment.
> people, territory, sovereignty, government

- Examples are the provisions found in the Bill of Rights, which may be invoked by Legal sovereignty
proper parties independently of or even against legislative enactment. 
- Supreme power to affect legal interests either by legislative, judicial or
executive action.
Constitutional provisions are not self-executing if they merely set forth a line Political sovereignty
of policy or principles without supplying the means by which they are to be - Sum total of all influence, legal or non legal, that dictate the course of law.
effectuated, or if the language of the constitution is directed to the legislature. As a What are the functions of the state?
result, a constitutional provision that the legislature shall direct by law in what (Bacani vs Nacoco)
 - Constituent: compulsory functions which constitute the very bonds of > based on the principle of separation of powers. Where legislative power is given to
society. the legislature whose members holds office in a fixed term’ the executive power is
- Ministerial: optional functions of government given to a separate executive who also holds a fixed term; and the judicial power
Factors to consider in order to exercise such: given to an independent judiciary.
a) The private capital won’t naturally undertake it
b) The gov’t is better equipped to administer Parliamentary Government
> executive = legislative
Classifications according to legitimacy > members of the majority will be the committee of the legislature
> De jure: one established under the authority of the legitimate sovereign/ has > pyramid structure = PM as peak
rightful title but no power to control > government enjoys power til supported by majority
> De facto: one which is not/ has no legal right but has power to control > control devices on both executive and legislative. Dissolution and vote of non -
Kinds: confidence.
1) De facto proper-One by force or established through voice of majority
2) De facto Government paramount to force- established and maintained by Republic State
invading military forces > The Government authority emanates from the people and such is exercised by
3) Independent Govt-By insurrections/ by revolution representatives of the people.

Was the Cory Aquino government de Jure? Philippine as a Democratic State

> Yes. It was established by a legitimate sovereign, the people. > not only republican but shares aspects of initiative and referendum.

The interregnum (25 Feb 1986 to 24 March 1986) Constitutional authoritarianism

> Bill of rights under the 1973 constitution was not operative. Covenant on civil and > practiced by the former President Marcos
political rights and the universal declaration where in effect under international law. > includes the assumption of extraordinary powers including legislative, judicial and
constituent powers of the president
Presidential Government Note:
State = the entity SECTION 3. Civilian authority is, at all times, supreme over the military. The
Government = institution where the state exercises powers
Armed Forces of the Philippines is the protector of the people and the State. Its goal
Administration = people currently running the institution
is to secure the sovereignty of the State and the integrity of the national territory.

Section 2 Foreign Policy

SECTION 2. The Philippines renounces war as an instrument of national Principle of civilian supremacy

policy, adopts the generally accepted principles of international law as part of the > the president, a civilian, is the commander in chief of the the armed forces.

law of the land and adheres to the policy of peace, equality, justice, freedom, Question: What do you mean by civilian supremacy?
cooperation, and amity with all nations.
Answer: civilian political leadership rather than professional military services.

> talks about the renunciation of war.. The aggressive type not defensive. Question: Is there still civilian supremacy during martial law?

Suggested Answer: Yes

How is civilian supremacy ensured or institutionalized?

Case study of President Duterte’s foreign policy
- Only the president can make/ has full control on foreign policy with the 1. The installation of the President, the highest civilian authority, as the commander-
secretary of DFA as his pointman in-chief of all the armed forces of the Philippines.
- But the constitution mandates the president to observe the check and
2. The requirement that the members of the AFP swear to uphold and defend the
balance
Constitution, which is the fundamental law of the land.
- Cannot put our state into other states' flag and must promote national
interest. *But this does not mean that civilian officials are superior to military officials. Civilian
official are superior to military officials only when a law makes them so.
Section 3 & 4 – Civilian Supremacy and Role of the AFP, Compulsory Service
Why have armed forces? How does the government comply with its two duties?

1) Secure the sovereignty of state 1. The government may call upon the people to defend the State.
2) Preserve national territory
3) Protect the people 2. The government may require all citizens, under conditions provided by law,
4) Aid other forces who needs assistance to render personal, military, or civil service.

What is the reason for the existence of the armed forces? 3. The government may use the AFP to repel any threat to its security.

They exist in order to secure the sovereignty of the State, and to preserve the What is posse commitatus?
integrity of the national territory. In extraordinary circumstances they may also be
called upon to protect the people when ordinary law and order forces need It is the power of the State to require all able bodied citizens to perform civic
assistance. (Bernas Primer) duty to maintain peace and order.

From ALBANO: What is the role of the military in relation to the security of the
State? The Armed Forced of the Philippines is the protector of the people and the The Medical Reserve Corps in the time of COVID
State. Its goal is to secure the sovereignty of the State and the integrity of the
-to ensure the country’s pro-active approach to responding to possible health crises
national territory. (Sec. 3, Art II, 1987 Constitution).
or pandemic
What is the prime duty of the government? ● include measures that would institutionalize a national health security council,
● require the establishment of quarantine facilities across the country,
SECTION 4. The prime duty of the Government is to serve and protect the
● and the creation of a Philippine Center for Disease Control and Prevention.
people. 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. https://newsinfo.inquirer.net/1266167/2-lawmakers-on-creation-of-medical-reserve-
corps?fbclid=IwAR2aqaONZCp4GQdrxgRI_KZ-2Ny3rmqQHGq7Y9IUbtGd6lJfXs-
What is the prime duty of the Government? EvrFzvQw#ixzz6KvpRhL2

1. To serve the people

Section 6 – Separation of Church and State
2. To protect the people SECTION 6. The separation of Church and State shall be inviolable.
“Strong fences make good neighbors”- delineate the boundaries b/w 2 institutions Question: Does separation between church and state denies influence of religion on
and thus avoid encroachments by one against the other because of a
human affairs?
misunderstanding of the limits of their exclusive jurisdictions.

- The doctrine cuts both ways. It not only the state that is prohibited from interfering No, religious freedom as a constitutional mandate is not inhibition of profound
in purely ecclesiastical affairs; the Church is likewise barred from meddling in purely
secular matters. The wall of separation b/w church and stare IS NOT A WALL OF reverence for religion and is not denial of its influence in human affairs. (Aglipay v
HOSTILITY. The State in fact recognizes the beneficial influence of religion in the Ruiz)
enrichment of the nation’s life.

- “Union of Church and State tends to destroy the gov’t and to degrade religion. - Reinforced By:
Courts “must respect and cannot review” matters that may religious color and are 1. Sec. 5, Art. III (Freedom of religion clause)
therefore ecclesiastical affairs”, including a church’s disconnection of its ties with 2. Sec. 2(5), Art. IX-C (religious sect cannot be registered as a political party)
another entity. 3. Sec. 5(2), Art. VI (no sectoral representative from the religious sector)
4. Sec. 29(2), Art. VI (prohibition against appropriation for sectarian benefit.
Doctrine of Separation of Powers Legislation belongs to the Congress,
implementation to the executive, and settlement of legal controversies and
adjudication of rights to the judiciary. Each department has exclusive cognizance of Exceptions:
and is supreme in matters falling within its own constitutionally allocated sphere. 1. Sec. 28(3), Art. VI (churches, parsonages, etc., actually, directly and exclusively
Each is therefore prevented from invading the domain of the others. used for religious purposes shall be exempt from taxation)
2. Sec. 29(2), Art. VI (prohibition against appropriation for sectarian benefit, except
Separation of church and state is the idea that government should remain
when priest, etc., is assigned to the armed forces, or to any penal institution or
neutral toward all religions and not officially recognize or favor any one government orphanage or leprosarium
religion. In the separation of church and state, church refers to religion in general, 3. Sec. 3(3), Art. XIV (optional religious instruction for public elementary and high

while state refers to the government. school students)

4. Sec. 4(2), Art. XIV (Filipino ownership requirement for educational institutions,
except those established by religious groups and mission boards.
 profession of faith to an active power that binds and elevates man to his Creator is
AGLIPAY V RUIZ: THE CONSTITUTION GUARANTEES RELIGIOUS FREEDOM, recognized. And, in so far as it instills into the minds the purest principles of morality,
AND NOT MERE RELIGIOUS TOLERATION DOCTRINE: its influence is deeply felt and highly appreciated. When the Filipino people, in the
The prohibition herein expressed is a direct corollary of the principle of preamble of their Constitution, implored "the aid of Divine Providence, in order to
separation of church and state. Without the necessity of adverting to the historical establish a government that shall embody their ideals, conserve and develop the
background of this principle in our country, it is sufficient to say that our history, not patrimony of the nation, promote the general welfare, and secure to themselves and
to speak of the history of mankind, has taught us that the union of church and state their posterity the blessings of independence under a regime of justice, liberty and
is prejudicial to both, for occasions might arise when the estate will use the church, democracy," they thereby manifested reliance upon Him who guides the destinies of
and the church the state, as a weapon in the furtherance of their recognized this men and nations.
principle of separation of church and state in the early stages of our constitutional
development; it was inserted in the Treaty of Paris between the United States and FACTS: The petitioner, Mons. Gregorio Aglipay, Supreme Head of the Philippine
Spain of December 10, 1898, reiterated in President McKinley's Instructions of the Independent Church, seeks the issuance from this court of a writ of prohibition to
Philippine Commission, reaffirmed in the Philippine Bill of 1902 and in the autonomy prevent the respondent Director of Posts from issuing and selling postage stamps
Act of August 29, 1916, and finally embodied in the constitution of the Philippines as commemorative of the Thirty-third International Eucharistic Congress.
the supreme expression of the Filipino people. It is almost trite to say now that in this
country we enjoy both religious and civil freedom. All the officers of the Government, In May, 1936, the Director of Posts announced in the dailies of Manila that he
from the highest to the lowest, in taking their oath to support and defend the would order the issuance of postage stamps commemorating the celebration in the
constitution, bind themselves to recognize and respect the constitutional guarantee City of Manila of the Thirty- third International Eucharistic Congress, organized by the
of religious freedom, with its inherent limitations and recognized implications. Roman Catholic Church. In spite of the protest of the petitioner's attorney, the
respondent publicly announced having sent to the United States the designs of the
It should be stated that what is guaranteed by our Constitution is religious liberty, not postage for printing.
mere religious toleration. ISSUE: Is there a violation of principle of separation of church and state?
HELD: In the case at bar, it appears that the respondent Director of Posts
Religious freedom as a constitutional mandate is not inhibition of profound issued the postage stamps in question under the provisions of Act. No. 4052 of the
reverence for religion and is not denial of its influence in human affairs. Religion as a Philippine Legislature. Act No. 4052 contemplates no religious purpose in view. What
it gives the Director of Posts is the discretionary power to determine when the The framers of the Constitution intended for: “conception” to refer to the
issuance of special postage stamps would be "advantageous to the Government." Of moment of “fertilization”; the protection of the unborn child upon fertilization.
course, the phrase "advantageous to the Government" does not authorize the They did not intend to ban all contraceptives for being unconstitutional; only
violation of the Constitution. It does not authorize the appropriation, use or those that kill or destroy the fertilized ovum would be prohibited. Contraceptives that
application of public money or property for the use, benefit or support of a particular actually prevent the union of the male sperm and the female ovum, and those that
sect or church. similarly take action before fertilization should be deemed non-abortive, and thus,
constitutionally permissible. Nachura
In the present case, however, the issuance of the postage stamps in question The RH Law actually prohibits abortion.
by the Director of Posts and the Secretary of Public Works and Communications was However, the authors of the IRR gravely abused their office when they
not inspired by any sectarian feeling to favor a particular church or religious redefined the meaning of abortifacient by using the term “primarily”. Recognizing as
denominations. The stamps were not issued and sold for the benefit of the Roman abortifacient only those that “primarily induce abortion or the destruction of a fetus
Catholic Church. Nor were money derived from the sale of the stamps given to that inside the mother’s womb”, Sec. 3.01(a) of the IRR would pave the way for the
church. approval of contraceptives that may harm or destroy the life of the unborn from
conception/fertilization. This violates Sec. 12, Art. II, of the Constitution. For the
IMBONG V. OCHOA G.R. NO.204819, APRIL 8, 2014 same reason, the definition of contraceptives under Sec. 3.01(j) of the IRR, which
Doctrine: The intent of the framers of the Constitution for protecting the life of also uses the term “primarily” must be struck down.
the unborn child was to prevent the legislature from passing a law that would allow Sec. 7 of the RH Law which excludes parental consent in cases where a
abortion. minor undergoing a procedure is already a parent or has had miscarriage is anti-
Facts: 14 petitions and 2 petitions-in intervention were filed in Court assailing family and violates Sec.12, Art.II (1987 Constitution). In addition, the portion of
the constitutionality of R.A. 10354, otherwise known as the Responsible Parenthood Sec.23(a)(ii) which reads: “in the case of minors, the written consent of parents or
and Reproductive Health Act of 2012, or the RH Law, for short. Issue: Whether the legal guardian or, in their absence, persons exercising parental authority or next-f-kin
law violates the right of an unborn child as guaranteed under Sec. 12, Art. II, of the shall be required only in elective surgical procedures” is invalid, as it denies the right
Constitution. of parental authority in cases where what is involved is “non-surgical procedures”.
Held: NO.
The SC recognized 2 exceptions:
 1. A minor may receive information, as opposed to procedures, about family
planning services. Parents are not deprived of parental guidance and control over Q: Is there a need to protect such right on the protection of the people’s right
to a healthful and balanced ecology in the Constitution? Why?
their minor child in this situation and may assist her in deciding whether to accept or
A: None, because it concerns the right of self preservation and self-perpetuation, the
reject information received. advancement of which predated all governments, having assumed their existence
2. In life-threatening procedures. The life of the minor who has already from the inception of mankind. (Oposa v. Factoran)

suffered a miscarriage and that of the spouse should not be put at grave risk simply
Q: What does the right to a balanced and healthful ecology imply? Explain
because of the lack of consent. Ibid. . A: The right to a balanced and healthful ecology carries with it, the correlative duty
Sec.12, Art.II, places more importance on the role of parents in the to refrain from impairing the environment. It implies the judicious management and
conservation of the country’s forests, else the ecological, environmental balance
development of their children, with the use of the term “primary”.
would be irreversibly disrupted. It is what is known as the intergenerational
The right of parents in the upbringing of the youth is superior to that of the responsibility of the present generation to preserve the forests.
State. Ibid.
Section 16 – Healthful Ecology
BRANCHES OF THE GOVERNMENT
Sec.16: The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature
Executive Department
(Oposa vs Factoran)
-tasked with the duty of enforcing the law. Symbolically deemed as wielding the
OPOSA VS. FACTORAN DOCTRINE: The right to a balanced and healthful ecology
sword, it is the most active branch of government dealing directly with the affairs of
need not [even] be written in the Constitution for it is assumed, like other civil and
the people. The Constitution vests executive powers on the President of the
political rights guaranteed in the Bill of Rights, to exist from the inception of mankind
Philippines and has control and supervision on all executive offices.
and it is an issue of transcendental importance with intergenerational implications.
Such right carries with it the correlative duty to refrain from impairing the
environment.
Legislative Department
-By Constitutional mandate, the lawmaking power is vested in the Legislative
Does sec.16 need constitutional conferment?
Department,
-NO. they are inherent in every human being.

to wit: “The legislative power shall be vested in the Congress of the Philippines
NOTES: Does sec.16 provide for enforceable rights?
which shall consist of a Senate and a House of Representatives, except to the extent
-YES. This provision, as worded, recognizes an enforceable right. Hence, appeal to it
reserved to the people by the provision on the initiative and referendum.” (Section 1,
has been recognized as conferring “standing” on minors to challenge logging policies
Article VI, 1987 Constitution.
of the government. (Oposa vs. Factoran)
 by the Consti. Neither the Congress, the President, nor the Judiciary MAY
Divided unto bicameral body: ENCROACH on fields allocated to the other branches.
- SC characterized the resolution of by the Electoral Tribunals of election contests
1.The Philippine Congress – The Philippine Congress is composed of two as “essentially an exercise of judicial power” although “subject to judicial review- via
chambers – the Senate and the House of Representatives. A Senate President
a petition for certiorari filed by the proper party if there is a showing that the decision
heads the Senate, while a Speaker of the House leads the House of
Representatives. This branch of government is symbolically depicted as holding the was rendered with GAD tantamount to lack or excess of J.
purse of the government since the annual appropriations is approved by this body. The principle of separation of powers ordains that each of the three great
branches of government has exclusive cognizance of and is supreme in matters
2. The Philippine Senate – The Senate is essentially mandated with lawmaking
since its constitutional role and duty to make laws are derived from the people falling within its own constitutionally allocated sphere.
through popular representation. Constitutional respect and a becoming regard for the sovereign acts of a co -
- The Senate is traditionally deemed concerned with the national sentiment rather
equal branch prevents this court from prying into the internal workings of the Senate.
than the regional and local interests and demands of various localities.
-It therefore plays a strategic role in the country’s growth and development by Where no provision of the constitution or the laws or even the Rules of the Senates
pushing national programs or legislative agenda that addresses the country’s is clearly shown to have been violated, disregarded or overlooked, grave abuse of
national concerns. discretion cannot be imputed to Senate officials for acts done within their
- not only confined to lawmaking has also the power to undertake legislative inquiries
in aid of legislations. (Section 21, Article VI, 1987 Constitution) competence and authority.
➔ power of legislative investigation may be implied from the express power of The principle of separation of powers obtains not through express provision
legislation and need not be expressly granted but by actual division in our constitution.
Purpose: to prevent concentration of authority in one person or group of
3. THE JUDICIARY – Neither wielding the sword nor purse is the Judiciary. This
branch of government is given the enormous task of interpreting and applying the persons that might lead to irreparable error or abuse in its exercise to the detriment
law in actual controversies or republican institutions.
The supreme court and its members should not and cannot be required to
-The Supreme Court, headed by a Chief Justice, is the highest court of the land and
its judicial pronouncements form part of the laws of the land. exercise any power or to perform any trust or to assume any duty not pertaining or
-has the power to judicial review w/o a provisions is constitutional connected with the administering of judicial functions.
Purposes of Separation of Powers
The 3 branches must discharge their functions w/in the limits of authority conferred
 1. Secure action; CHECKS AND BALANCES Compliments doctrine of SP.
By means of which, one department is allowed to RESIST
2. Forestall overaction;
ENCROACHMENTS upon its prerogatives or to RECTIFY MISTAKES OR

3. Prevent despotism; and EXCESSES committed by other departments. - System of Counteraction. - Ends of
the gov’t are better achieved through the exercise by its agencies of only the powers
4. Obtain efficiency. assigned to them, subject to the reversal in proper cases by those constitutionally
authorized.
EXECUTIVE LEGISLATIVE JUDICIARY
Allows one department to resist encroachments upon its prerogatives or to
Implementation of laws Making of laws (power of the Interpretation of laws (power
rectify mistakes or excesses committed by the other departments. However, the
(power of the sword) purse) of judicial review) supreme court is the final arbiter to determine whether there has been an
encroachment between the branches. (Angara vs Electoral Commission, G.R. No L -
45081, July 15, 1936.
Purpose: To secure coordination in the workings of the various departments
Doctrine of Blending of Powers
of the government.
Instances when powers are not confined exclusively within one department but are
assigned to or shared by several departments. (NACHURA, supra ar 97)
-designed to avert excesses in the wielding of government authority in each of the
Examples of Blending of Powers:
different branches of government. With this system in place, there is less opportunity
1. The president prepares a budget and congress enacts an appropriation bill
for abuse of power and mechanisms are in place in order to enable each department
pursuant to that budget.
to check on one another
2. The president enters into and ratifies a treaty with foreign countries and the
Examples of Checks and Balances:
senate concurs with the same.
1. President
3. The grant of amnesty by the president is subjected to the concurrence of a
a. His approval is required in the law - making process of the Congress. He may
majority of all the members of the congress.
exercise veto power (CONST Art, VI, Sec 27)
b. He may nullify a conviction in a criminal case by pardoning the offender
Doctrine of Checks and Balances
(CONST,, Art, VII. SEc 19)
 2. Congress Definition: Legislative power is the authority to make laws and to alter and repeal
a. May override the veto power of the president by a vote of ⅔ of all the them. Vested by the constitution in the Congress, it is a derivative and delegated
members of each house power. (BERNAS, commentary, supra at 676)
b. Its consent through the Commission on Appointments is necessary in the
appointments of certain officers by the president It is vested in Congress, expect to the extent reserved to the people by the
c. Congress may refuse to give its concurrence to an amnesty proclaimed by provisions on initiative and referendum. (CONS,, Art VI, SEC 1)
the President or the senate refuse to concur to a treaty the president has NOTE: Delegation of legislative powers is permitted
concluded
d. Sole power to impeach officers who may only be removed by impeachments
e. May limit jurisdiction of the supreme court and that of inferior courts and even The Executive Department
abolish the latter tribunals subject to certain restrictions.
3. Judiciary EXTENT OF THE POWERS OF THE PRESIDENT
In general, has the power to declare invalid an act done by the Congress, the As stated above, the Constitution provides that "[t]he executive power shall
president and his subordinates, or the constitutional commissions. be vested in the President of the Philippines." [Art. VII, Sec. 1]. However, it does not
The judiciary, with the Supreme court as the final arbiter, effectively checks define what is meant by executive power" although in the same article it touches on
the other departments through the exercise of its power to determine the law and the exercise of certain powers by the President, i.e., the power of control over all
hence to declare executive and legislative acts void if contrary to the Constitution. executive departments, bureaus and offices, the power to execute the laws, the
appointing power, the powers under the commander-in-chief clause, the power to
The Executive, The Legislative ,The Judiciary, Constitutional Commissions grant reprieves, commutations and pardons, the power to grant amnesty with the
concurrence of Congress, the power to contract or guarantee foreign loans, the
power to enter into treaties or international agreements, the power to submit the
budget to Congress, and the power to address Congress [Art. VII, Sec. 14-23]
> It is the power to enforce and administer the laws. (COOLEY, supra at 183)
The Legislative Department > The executive power is vested in the president of the Philippines. (CONST., Art VII,
SEc 1)
 determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the
The Judicial Department Government. Jurisdiction – power to hear and decide a case The second clause
SECTION 1. The judicial power shall be vested in one Supreme Court and in of Section 1, Article VIII effectively limits the “political question” area, heretofore, was
such lower courts as may be established by law. forbidden territory for the courts.
Judicial power includes the duty of the courts of justice to settle actual controversies Judicial action- is the adjudication upon the rights of parties who in general appear
involving rights which are legally demandable and enforceable, and to determine or are brought before the tribunal by notice or process, and upon whose claims some
whether or not there has been a grave abuse of discretion amounting to lack or decision or judgment is rendered. The character of its action in a given case must
excess of jurisdiction on the part of any branch or instrumentality of the Government. decide whether that action is judicial, ministerial, or legislative, or whether it be
simply that of a public agent of the country or State, as in its varied jurisdictions it
NATURE OF JUDICIAL POWER may by turns be each.
It is evident, upon the foregoing authorities, that the so called committee on The exercise of Judicial Function is to determine what the law is and what
the rating of students for honor whose actions are questioned in this case exercised the legal rights of parties are, with respect to a matter in controversy; and whether
neither judicial nor quasi judicial functions in the performance of its assigned task. the officer is clothed with that authority, and undertakes to determine those
In order that a special civil action of certiorari may be invoked in this questions, he acts judicially
jurisdiction the following circumstances must exist: (1) that there must be a specific
controversy involving rights of persons or property and said controversy is brought Judicial power is vested in:
before a tribunal, board, or officer for hearing and determination of their respective 1. One supreme court; and
rights and obligations; (2) the tribunal, board or officer before whom the controversy 2. Such lower courts as may be established by law
construing and applying the laws to that end; (3) the tribunal. board, or officer must Specific powers of the supreme court:
pertain to that branch of the sovereign power which belongs to the legislative or 1. Judicial powers (CONST. Art VIII, Sec 5, pats 1&2)
executive department 2. Auxiliary administrative powers (CONST. Art VIII, Sec 5, pargs. (3-6)).

Judicial Power – includes the duty of the courts of justice to settle actual Jurisdiction
controversies involving rights which are legally demandable and enforceable, and to Power and authority of a court to hear, try and decide a case.
Congress shall have the power to define, prescribe, and apportion the jurisdiction to a. Under the constitution, are to be decided by the people in their sovereign
the various courts but may not deprive the SC of its jurisdiction over cases capacity; or
enumerated in Sec 5, Art. VII of the Constitution. b. In regard of which, full discretionary authority has been delegated to the
legislative or executive branch of the government
No law shall be passed increasing the appellate jurisdiction of the SC as It is not the function of the judiciary to give advisory opinions.
provided in the constitution without its advice and concurrence. The function of the courts is to determine controversies between litigants.
The power to control the execution of its decision is an essential aspect of They do not give advisory opinions.
jurisdiction. It cannot be the subject of substantial subtraction, for our constitution Advisory opinion must not be confused with declaratory relief.
vests the entirety of judicial power in one supreme court and in such lower courts as
may be established by law.
Expanded Jurisdiction and Authority of the Supreme Court Judicial Review
Art VIII, Sec 1, par 2 of the constitution expanded the power, authority, and It is the power of the courts to test the validity of executive and legislative acts
jurisdiction of the courts of justice, particularly the supreme court, to determine in light of their conformity with the constitution. This is not an assertion of superiority
whether any branch of the government has committed grave abuse of discretion by the courts over the other departments, but merely an expression of the
amounting to lack of excess jurisdiction. supremacy of the constitution.
Grave Abuse of Discretion Amounting to Lack of Jurisdiction The power is inherent in the Judicial Department by virtue of Doctrine of
It is the capricious and whimsical exercise of judgement. The abuse of separation of powers.
discretion must be patent and gross as to amount to an evasion of a positive duty or
a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of
law, as where the power is exercised in an arbitrary and despotic manner by reason Doctrine of Judicial Supremacy
of passion of hostility. When the Judiciary allocates constitutional boundaries, it neither asserts superiority
nor nullifies an act of the Legislature. It only asserts the solemn and sacred
Limitations of Judicial power: obligation assigned to it by the constitution to determine conflicting claims of
1. Political questions authority under the constitution and to establish for the parties in an actual
Those questions which: controversy the rights which that instrument secures and guarantees to them.
Inferior courts may exercise judicial review b. That the interests of the parties be Adverse;
Sec 5, Par 2. Art VIII of the constitution prescribes the constitutional appellate c. That the matter in controversy be Capable of being adjudicated by judicial
jurisdiction of the supreme court, and implicity recognizes the authority of the lower power; and
courts to decide questions involving the constitutionality of laws, treaties, etc. d. That the Determination of the controversy will result in practical relief of the
Requisites of Judicial review complainant.
1. Actual case of controversy - a conflict of legal rights, an assertion of opposite
legal claims susceptible of judicial determination Constitutional Commissions
SECTION 1. The Constitutional Commissions, which shall be independent, are the
A constitutional question is ripe for adjudication when the governmental act being Civil Service Commission, the Commission on Elections, and the Commission on
challenged has had a direct adverse effect on the individual challenging it. Audit.
SECTION 2. No Member of a Constitutional Commission shall, during his tenure,
hold any other office or employment. Neither shall he engage in the practice of any
profession or in the active management or control of any business which in any way
be affected by the functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any franchise or privilege granted by
the Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.
SECTION 3. The salary of the Chairman and the Commissioners shall be fixed by
Justiciable controversy law and shall not be decreased during their tenure.
A definite and concrete dispute touching on the legal relations of parties having SECTION 4. The Constitutional Commissions shall appoint their officials and
adverse legal interests which may be resolved by a court of law through the employees in accordance with law.
application of a law. SECTION 5. The Commission shall enjoy fiscal autonomy. Their approved annual
Justiciability Requirements appropriations shall be automatically and regularly released.
a. That there be an Actual controversy between or among the parties to the
dispute
SECTION 6. Each Commission en banc may promulgate its own rules concerning 3. If at any time, before the initiative is held, the local legislative body should
pleadings and practice before it or before any of its offices. Such rules however shall adopt in toto the proposition presented, the initiative shall be cancelled.
not diminish, increase, or modify substantive rights.
Limitation on Local Legislative Body vis-a-vis Local Initiative
PEOPLE’S LEGISLATIVE POWER THROUGH INITIATIVE AND REFERENDUM Any proposition or ordinance approved through the system of initiative and
Initiative referendum shall not be repealed, modified, or amended by the Sanggunian within 6
Power of the people to propose amendments to the constitution or to propose and months from the date of approval thereof, and may be amended, modified or
enact legislation through an election called for the purpose. repealed within 3 years thereafter by a vote of ¾ of all its members. In case of
Barangays, the period shall be 18 months after approval.
Classes of Initiative:
1. Initiative on the constitution - petition proposing amendments to the Indirect Initiative
constitution Exercise of initiative by the people through a proposition sent to the Congress or the
2. Initiative on statutes - petition proposing to enact a national legislation; and local legislative body for action.
3. Initiative on local legislation - petition proposing to enact a regional,
provincial, city, municipal or barangay law, resolution or ordinance Referendum
Local initiative Power of the electorate to approve or reject legislation through an election called for
Not less than 2,000 registered voters in case of autonomous regions, 1,000 in case the purpose.
of provinces and cities, 100 in case of municipalities, and 50 in case of barangays,
may file a petition with the Regional Assembly or local legislative body, respectively, Classes of Referendum (R.A. No. 6735, Sec 3, par)
proposing the adoption, enactment, repeal or amendment, of any law, ordinance, or 1. Referendum on Statues - petition to approve or reject an act or law, or part
resolution. (R.A. No, 6735, Sec 13) thereof, passed by congress; and
Limitations on Local Initiative 2. Referendum on local laws - legal process whereby registered voters of the
1. Power of local initiative shall not be exercised more than once a year; local government units may approve, amend, or reject any ordinance enacted
2. Initiatives shall extend only to subjects or matters which are within the legal by the Sanggunian.
powers of the local legislative bodies to enact; and
The following cannot be the subject of an initiative or referendum petition:
1. No petition embracing more than one subject shall be submitted to the
electorate; and
2. Statutes involving emergency measures, the enactment of which is
specifically vested in congress by the constitution, cannot be subject to
referendum until 90 days after their effectivity.

Change in Government and Change in Administration

-Administrations change without change in either state or government.

-Transitions from the 1935 Constitution to the 1973 Constitution to the 1987
Constitution involved changes in government but not the state.
- Transition from former Pres. Estrada to Pres. Arroyo did not involve change of
government but only of administration.