HOMEWORK 1

CHAPTER 1 GENERAL CONSIDERATION

SCOPE OF THE STUDY

POLITICAL LAW 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.
CONSTITUTIONAL LAW 1 a study of the structure and powers of the government. It deals with the basic
concept of political law such as the nature of the state, the supremacy of the constitution, separation of powers
and rule of the majority
NECESSITY OF THE STUDY
ART XIV SEC 3(1) All educational institution shall include the study of the Constitution as part of the curricula.
BASIS OF THE STUDY
PHILIPPINE 1987 CONSTITUTION - adopted in February 2, 1987
Petrinent Statues, E.O., Judicial Decisions, Current Political Events
Previous constitutions
Constitution of the US, US SC decisions
BACKGROUND OF THE STUDY
Disparate tribes are scattered throughout the island and each were governed by s system of laws promulgated
by the datu or council of elders
When Magellan discovered the Philippines in March 1521 the country underwent the common rule of Spain
which lasted for more than 300 years
Due to abuse of power, Rizal and other propagandista ignited the spirit of nationalism that fueled the Philippine
revolution
Said Philippine revolution ended the Spanish sovereignty and on June 12, 1898 Philippine independence was
proclaimed
On January 21, 1989 the First Philippine Republic was established with E. Aguinaldo as president
The Malolos Constitution was established and was considered as the first democratic constitution ever to be
promulgated in the whole of Asia. It established a parliamentary system with President as the leader instead of
Prime Minister
The R.P. was short lived because the US was planning another sovereignty in the PH. Filipinos were led to
believed that Americans were allies.
The Treaty of Paris of 1898 - an agreement made in 1898 that involved Spain relinquishing nearly all of the
remaining Spanish Empire, especially Cuba, and ceding Puerto Rico, Guam, and the Philippines to the United
States. The cession of the Philippines involved a payment of $20 million from the United States to Spain. The
treaty was signed on December 10, 1898, and ended the SpanishAmerican War. This gave way for the new
colonizers.
Americans first organized a military government then consolidated the 3 branches of the state.
Steps were taken for the transition from military to civilian rule
o First: creation of Schurman Commision a.k.a Philippine Commission purpose is to make a fact-finding
survey of the Philippine Islands
o Second: Taft Commission aka Second Philippine Commission took over all the legislative powers and
some executive and judicial powers of the military governor
o Third: July 4, 1901 Pursuant to the Spooner Amendment the civil government of P.I. was established
with W.H. Taft as governor
Philippines Bill 1902 - this created the Philippines Assembly (1907) to sit with the Philippines Commission in a
bicameral legislature where S. Osmena was successively elected speaker of the Phil Assembly
In 1907, Philippine Autonomy Act ( Jones Law) was enacted which established Philippine Leguslature ( Senate -
M. Quezon as S. Pres. & HoR S. Osmena as Speaker of the house)
Tydings Mc Duffie Act authorized the establishment of Commonwealth of the Philippines. This act promised
independence if PH could prove their capacity for democracy during a 10 year transition period.
1935 Constitution was framed and ratified on May 14. M. Quezon was the first president with Osmena as VP.
Second Republic of the Philippines headed by JP Laurel
July 4 1946 US withdrew sovereignty over PH
 Convention of 1971 invoked deliberation of the 1935 Const September 21, 1972 Marcos proclaimed martial law
November 30, 1972 the 1973 const was approved, was submitted for ratification, and on January 17, 1973
Proc. No. 1102 announced the effectivity of the 1973 Const.
January 17, 1981 Proc No. 2045 lifted martial law but retained Marcos standby legislative power
1985 Macos submitted a questionable resignation, there was a snap election, Marcos won
February 22, 1986 people Power happened
February 25, 1986 P. Corazon Aquino replaced Marcos
1987 Freedom Constitution was promulgated
May 11 1992 FV Ramos became President, with J. Estrada as VP
1998 J. Estrada became President but was impeached 2 years later
Another people power happened on January 20, 2001, where GMA assumed position of J. Estrada

CHAPTER 2 THE CONSTITUTION OF THE PHILIPPINES

1987 PHILIPPINE CONSTITUTION

4th fundamental law to govern the Philippines (193, 1973, Freedom, 1987)
Proclamation 9 created the Constitutional Commission
Constitutional Commission was composed of 50 appointed members and was instructed to frame a new charter
not later than Septemberr 2, 1986
Ratification was made by P. Aquino herself arguing that the Philippine Constitution of 1987 would restrict the
powers of the 1987
Votes result 76.29% to ratify, 22.74% are against
OUTSTANDING FEATURES
Contains 18 articles
Includes provision that are that should only be statutes
Verbose and complex in words
Main function was to replace the Freedom Constitution
SUPREMACY OF THE CONSTITUTION
The basic and paramount law to which all other law must conform
CHAPTER 18 AMENDMENT OR REVISION OF THE CONSTITUTION
KINDS OF CONSTITUTION
Written one whose percepts are embodied in one document or set of documents
Unwritten rules that have not ben integrated into a single, concrete form like statutes, judicial decisions,
customs & tradition
Conventional an enacted constitution formally struck off ar a definite time and place following a conscious
effort taken by a constituent body
Cumulative result of a political evolution, not inaugurated at a specific time
Rigid one that can be amended only by a formal and difficult process
1987 Constitution is written, conventional and rigid
PERMANENCE OF THE CONSTITUION
It has the capacity to resist change dictated not by legitimate needs
It may be a disadvantage because of its inability to change brought about by new conditions and circumstances
thus responsible for delay in effecting the needed change
AMENDMENT AND REVISION
Amendment isolated or piecemeal change
Revision a revamp or rewriting of the whole document

PROCEDURE PROPOSAL & RATIFICATION

PROPOSAL
Made either directly by the Congress or by a Constitutional Convention
Rules
o Who may propose amendment? (Art XVII Sec 1-2)
By Congress (3/4 vote of all its memebers)
 By constitutional convention
By the people through initative upon a petition of 12% of the total number of registered voters,
where every legislative district must be represented by atleast 3% of the registered voters
o How to call a Constitutional Convention?
Needs to have vote from 2/3 of all its member which will then be submitted to the electorate
Position of the Constitutional convention
o Theory of Conventional Sovereginty ConCon is considered supreme over other department
o Concon is inferior to the other department because eit is merely a creadtion of legislature
o Concon is independent means it is co-equal with other dependent
RATIFICATION
Requirement
o Ratification will be held by a majority of votes cast in a plebescite (shall not be earlier than 60 days nor
later than 90 days after the approval)
It must be ratified within a reasonable time to answer the needs it it intended
Case: Gonzales v. COMELEC
o Validity of the submission of proposed constitutional amendments at a plebescite scheduled on the
same day as the regular election
HOMEWORK 2

CHAPTER 3 THE CONCEPT OF STATE

DEFINITION

STATE NATION
community of person, more or less numerous, a relation of birth or origin and implies a common
permanently occupying a fixed territory, and race, usually characterized by community of
possessed of an independent government language and customs
organized for political ends to which the great
body of inhabitants render habitual obedience
A legal concept a racial or ethnic concept

ELEMENTS OF A STATE

PEOPLE- refers to inhabitants of the state

It must be numerous enough to be self-sufficing and to defend themselves, and small enough to be easily
administered and sustained
TERRITORY fixed portion of the surface of the earth inhabited by the people of the state
It must be neither too big as to be difficult to administer and defend nor too small as to be unable to provide for
the needs of the population
Terrestrial domain land mass
Maritime and fluvial domain inland and external waters
Aerial domain air space above the land and water

ARTICLE I
NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein,
and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.
-entire archipelago is regarded as one integrated unit
-the territorial seas are defined according to the Jamaican Convention on the Law of the Sea (1994)
Article 1 covers the following territories:
1. Those ceded to the US by virtue of the Treaty of Paris
2. Those defined in the treaty concluded between US and Spain which were not defined in the Treaty of
Paris particularly Cagayan, Sulu and Sibuto
3. Those defined in the treaty concluded between US and Great Britain specifically Turtle and Magsee
islands
4. The island of Batanes which was covered under a a general statement in the 1935 Constitution
5. Those contemplated in the phrases belonging to the Philippines by historic right or leg
GOVERNMENT the agency or instrumentality through which the will of State is formulated, expressed and
realized
It has been said that the state is an ideal person, invisible, intangible, immutable and existing only in
contemplation of the law, and the government is its agent
Functions:
1. Keeping of order and providing protection of persons and property from violence and robbery
2. Fixing of the legal relations between husband and wife & between parents and children
3. Regulation of the holding, transmission and interchange of property and the determination of its
liabilities for debt or crime
4. Determination of contractual rights between individuals
5. Definition of punishment and crime
6. Administration of justice in civil cases
 7. Administration of political duties, privileges and relations of citizens
8. Dealings of the state with foreign powers; preservation from external danger or encroachment and
advancement of its international interest
Ministrants functions includes the following: public works, public charity, regulation of trade & industry. This is
only optional but this distinguishes it from paternalistic government.
Laissez-faire, (French: allow to do), policy of minimum governmental interference in the economic affairs of
individuals and society.

Art II Section 10. The State shall promote social justice in all phases of national development.

DOCTRINE OF PARENS PATRIAE to act as guardian of the rights of the people

Case in point: Govt of the Philippine Islands v. Monte de Piedad
FACTS: On June 3, 1863, a devastating earthquake in the Philippines took place. The Spanish dominions provided
$400,000 aid as received by the National Treasury as relief of the victims of the earthquake. The government used
the money as such but $80,000 was left untouched and was thus invested to Monte de Piedad bank, which was
in turn invested as jewelries, equivalent to the same amount.
In June 1983, the Department of Finance called upon the same bank to return the $80,000 deposited from before.
The Monte de Piedad declined to comply with this order on the ground that the Governor-General of the
Philippine Islands and not the Department of Finance had the right to order the reimbursement because the
Philippine government is not the affected party. On account of various petitions of the persons, the Philippine
Islands brought a suit against Monte de Piedad for a recovery of the $80,000 together with interest, for the benefit
of those persons and their heirs. Respondent refuse to provide the money, hence, this appeal.
ISSUE: Whether or not the Philippine government is authorized to file a reimbursement of the money of the people
deposited in respondent bank.
HELD: The Court held that the Philippine government is competent to file a complaint/reimbursement against
respondent bank in accordance to the Doctrine of Parens Patriae. The government is the sole protector of the
rights of the people thus, it holds an inherent supreme power to enforce laws which promote public interest. The
government has the right to "take back" the money intended for people. The government has the right to enforce
all charities of public nature, by virtue of its general superintending authority over the public interests, where no
other person is entrusted with it.
Appellate court decision was affirmed. Petition was thereby GRANTED. The Court ordered that respondent bank
return the amount to the rightful heirs with interest in gold or coin in Philippine peso
Case in point: Cabans vs. Pilapil
FACTS: Florentino Pilapil insured himself and indicated his child to be his sole beneficiary. He likewise indicated
that if he dies while the child is still a minor, the proceeds shall be administered by his brother Francisco.
Florentino died when the child was only ten years old hence, Francisco took charge of Florentinos benefits for
the child. Meanwhile, the mother of the child Melchora Cabaas filed a complaint seeking the delivery of the
sum of money in her favor and allow herself to be the childs trustee. Francisco asserted the terms of the
insurance policy and contended that as a private contract its terms and obligations must be binding only to the
parties and intended beneficiaries.
ISSUE: Whether or not the state may interfere by virtue of parens patriae to the terms of the insurance policy?

Held: YES. The Constitution provides for the strengthening of the family as the basic social unit, and that
whenever any member thereof such as in the case at bar would be prejudiced and his interest be affected then
the judiciary if a litigation has been filed should resolve according to the best interest of that person.
The uncle here should not be the trustee, it should be the mother as she was the immediate relative of the
minor child and it is assumed that the mother shows more care towards the child than an uncle.
It is buttressed by its adherence to the concept that the judiciary, as an agency of the State acting as parens
patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to his
best interest. It may happen, family relations may press their respective claims. It would be more in consonance
not only with the natural order of things but the tradition of the country for a parent to be preferred. it could
have been different if the conflict were between father and mother. Such is not the case at all. It is a mother
asserting priority. Certainly the judiciary as the instrumentality of the State in its role of parens patriae, cannot
remain insensible to the validity of her plea.
 DE JURE & DE FACTO GOVERNMENT
De Jure government has rightful title but no power or control either because this has been withdrawn from it
or it has not yet actually entered into exercise
De Facto government a government of fact, it exercise power or control but without legal title
3 KINDS OF DE FACTO GOVERNMENT:
1. A government that gets possession and control of, or usurps, by force or by the voice of the majority,
the rightful legal governments and maintains itself against the will of the latter, such as the government
of England under the Commonwealth, first by Parliament and later by Cromwell the Protector.
2. One that is established and maintained by military forces who invade and occupy a territory of the
enemy in the course of war, and which is denominated a government of paramount force as the cases of
Castine in Maine which was reduced to British possession in the war of 1812, and Tampico, Mexico,
occupied during the war with Mexico, by the troops of the US.
3. One that is established as an independent government by the inhabitants of a country who rise in
insurrection against the parent state such as the government of the Southern Confederacy.
2 CHARACTERISTICS OF A DE FACTO GOVERNMENT
1. That its existence is maintained by active military power with the territories, and against the rightful
authority of an established and lawful government
2. That while it exists it necessarily be obeyed in civil matters by private residents who, by acts of
obedience rendered in submission to such force, do not become responsible, or wrongdoers, for those
acts, though not warranted by laws of the rightful government.
Case in point: Lawyers League vs. C. Aquino
Held: Aquino administration is a De Jure government because the community has recognized the legitimacy of
its government.
GOVERNMENT OF THE PHILIPPINES the corporate governmental entity through which the functions of
government are exercised throughout the Philippines
Note that a governmental owned and controlled corporation is not considered as part of the Government for
the purpose of exemption from the application of the statute of limitation
ADMINISTRATION Not same with government; it is a group of persons in whose hands reins the government
from the time being; it runs the government. It is transitional, while government is permanent. Ex. Arroyo
Administration

SOVEREIGNTY supreme and uncontrollable power inherent in a State by which the State is governed.
KINDS OF SOVEREIGNTY
1. Legal sovereignty authority which has the power to issue final commands. Ex. Congress
2. Political sovereignty the power behind the legal sovereignty
3. Internal sovereignty - the power of the state to control its domestic affair
4. External sovereignty power of the state to direct its relations with other state aka independence
Note that sovereignty is not suspended although acts of sovereignty cannot be exercised by legitimate authority
The principle of postliminium, as a part of public international law, is a specific version of the maxim ex injuria
jus non oritur, providing for the invalidity of all illegitimate acts that an occupant may have performed on a
given territory after its recapture by the legitimate sovereign
Case in point: Ruffy vs. Chief of Staff
Held: armed forces continued to be covered by the Natonal Defense Act & Articles of War during the Japanese
occupation
Case in point: Peralta vs. Director of Prisons
Held: a person convicted of treason against the Japanes is entitled to be released after occupation because his
offense ceases to be valid.
ACT OF THE STATE an act done by the sovereign power of a country or by its delegate within the limits of the
power vested in him
HOMEWORK 3
CHAPTER 4 DOCTRINE OF STATE IMMUNITY
BASIS
Art XVI Sec. 3 The State may not be sued without its consent
2 reasons:
Impairment of the dignity of the State
The demands and inconveniences of litigation will divert the time and resources of the state
Explain the maxim par in parem non habit imperium this means that an equal has no power over an
equal. The principle that one sovereign power cannot exercise jurisdiction over another sovereign power. It is
the basis of the act of state doctrine and sovereign immunity.
Ito yung pag trip mo i-sue yung foreign state sa local court ganern.

APPLICATION
A suit is against the state when:
1. The Republic is sued by name
2. The suit is against an unincorporated agency
3. When the suit is against the officer but the case is such the ultimate liability will belong not to the officer
but to the government
WAIVER OF IMMUNITY
The State MAY BE SUED if it gives its consent.
Explain the doctrine of the royal prerogative of dishonesty - the state may not avail immunity from suits to
take undue advantage against parties that may have legitimate claim.

FORMS OF CONSENT
1. Express Consent
a. General Law
Examples:
Act. 3083 the government of the PH hereby consents and submits to be sued upon any
money claims involving liability arising from contracts
C.A. No. 327 as amended by P.D. No. 1445 a claim against the government must first be filed
with the Commission on Audit which must act upon it within 60 days. Rejection of the claim
authorizes the claimant to elevate the matter to the Supreme Court
b. Special Law an act of the legislature authorizing an individual to sue the government. It is
embodied in a duly enacted statute
2. Implied Consent
a. When the state commences litigation
XPN: when the state intervenes not for the purpose of asking any affirmative relief but for the
purpose of resisting the claim precisely because of immunity from suit
b. When the state enters into a business contract
Acta Jure Gestionis by act of economic or business relations, the state may be sued
Acta Jure Imperil- in the exercise of sovereign power the state may be sued.
c. When it would be inequitable for the State to claim immunity

SUITS AGAINST GOVERNMENT AGENCIES

Rules:
1. INCORPORATED has own charter
a. If charter provides that it has the right to sue and be sued = suable
b. If charter is silent check its function
i. Proprietary if to obtain corporate benefit or earn profit = suable
ii. Governmental if interest is for the health, safety or welfare of the public = not suable
2. UNINCORPORATED
a. Performs governmental function = not suable without State consent
b. Performs proprietary function = suable
XPN: if proprietary function is in discharge of the governmental function = not suable
EXEMPTION FROM LEGAL REQUIREMENT
State cannot be asked for the following:
To put up bond for damages
To pay legal fees
To pay cost of suit
To pay interest
XPN: not observed if State is engaged in private business

SUABILITY V. LIABILITY

Suability result of the express or implied consent of state to be sued

Liability determined after hearing based on established facts and relevant laws
Doctrine: If the State allows itself to be sued, it gives the party the opportunity to prove, if it can, that the State
is liable
Case in point: Merritt vs. Govt of the Philippines (ambulance ng PGH nabangga yung tao)- Municipal
corporations are suable because their charters grant them the competence to sue and be sued. They are
generally not liable for torts committed by them in the discharge of governmental function and can be held
answerable only if it can be shown that they were acting in proprietary capacity. In permitting itself to be sued,
the State allows the defendant to show that the State is not acting within its governmental capacity, failing to
prove so, the claimant cannot recover.

CHAPTER 4 FUNDAMENTAL PRINCIPLES AND STATE POLICIES

PREABMLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society, and establish a Government that shall embody our ideals and aspirations, promote the common good,
conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence
and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do
ordain and promulgate this Constitution.
Not a source of substantive right
Purpose is to introduce the Constitution
It enumerates the primary aim and expresses the aspiration of the framers

STATE PRINCIPLES (6)

DEMOCRATIC & REPUBLICAN

SECTION 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Republican a government which is run by the people through their chosen representative who in turn are
accountable to the sovereign will of the people
Features: representation & renovation
Manifestation: government of laws and not of men, rule of majority, accountability of public officers, bill
of rights, no irrepealable law, separation of powers

DOCTRINE OF INCORPORATION / THE INCORPORATION CLAUSE

SECTION 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.
2 parts:
1. The Philippine renounces war - means we acknowledge the existence of war but we are not
aggressors but merely reacting to an aggression
2. adopts the generally accepted principles of international law.. means that the International Law
forms part of the law of the land. No more legislative action is needed to implement treaties etc.
CIVILIAN SUPREMACY
SECTION 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of
the national territory.
Manifested through the ff:
1. Instillation of the President of the Philippines as the highest civilian authority, as the commander in chief
of the AFP
2. AFFP is required to swear to uphold and defend the constitution

CUMPULSORY MILITARY AND CIVIL SERVICE

SECTION 4. The prime duty of the Government is to serve and protect the 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.
Case in point:

PEACE & ORDER; GENERAL WELFARE

SECTION 5. The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.

DOCTRINE OF THE SEPARATION OF CHURCH & STATE

SECTION 6. The separation of Church and State shall be inviolable.
Manifested through the ff:
1. Freedom of religion clause - SECTION 5. .The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed
2. Non-establishment of religion clause - SECTION 5. No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof.
3. No religious test clause - SECTION 5. No religious test shall be required for the exercise of civil or
political rights.
4. No sectoral representative from religious sector they cannot be represented in the House of
Representative (bawal sila mag create ng party list)
5. Prohibition against appropriation for secretarial benefits this means that no appropriation will be
given to support any sect, church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or dignitary as such
XPN: when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium.
XPN:
1. Churches are exempted from taxation
2. Prohibition from appropriation except when priest is assigned to AFP, or any penal institution
3. Optional religious instruction to public elementary & high school students
4. Filipino ownership NOT REQUIRED for educational institution established by religious group

STATE POLICIES (22)

HOMEWORK 5

SEPARATION OF POWERS
PURPOSE
To prevent concentration of powers in a single person or group to prevent abuse
BLENDING OF POWERS
Powers are not confined in one department but are assigned or shared by several department
Example:
1. President prepares the budget, bill adopted by congress, submitted back to the President for approval
2. President grants amnesty, needs concurrence by members of congress
3. President enters into a treaty Senate ratifies the same
CHECKS AND BALANCES
To secure coordination in the workings of the various departments
Example
1. President (Executive)
a. Needs his approval in the law making power of the congress. He may veto bills
b. May nullify a conviction case by granting pardon
2. Congress (Legislative)
a. May override veto by a vote of 2/3 of all member of each house
b. May refuse to give concurrence in the amnesty given by President
c. Has the judicial power in impeachment cases
3. Judiciary
a. Has the power to declare a law made by legislative invalid

DELEGATION OF POWERS
Maxim: Potestas Delegata non delegari potest
GR: what has been delegated cannot be delegated
XPNS:
1. Delegation to the people at large
2. Emergency powers of the president
3. Tarrif powers of the President
4. Delegation to administrative bodies
5. Delegation to local government unit

TEST FOR VALID DELEGATION (2)

1. Completeness Test
2. Sufficient Standard test