CONSTI LAW

GENERAL PRINCIPLES process; while a flexible Constitution is one that can be

changed by ordinary legislation
Political Law – the branch of public law which deals with the
organizational and operations of the governmental organs of Essential parts
the stated and defines the relations of the state with the 1. Constitution of government – provisions which set up
inhabitants of its territory. the governmental structure.
- Constitutional law is a part of political law. 2. Constitution of liberty – provisions which guarantee
individual fundamental liberties against governmental
Scope of Political Law Basis of the Study abuse
- Constitutional Law - 1987 Constitution 3. Constitution of sovereignty – provisions which outline
- Administrative Law - 1973 & 1935 the process whereby the sovereign people may
- Law on Municipal Constitutions change the constitution.
Corporations/LGC of - Organic Laws
1990 - Statues, EO’s, PD’s, Interpretation and Construction of the Constitution
- Law of Public Officers Judicial decisions • verba leais - ordinary meaning except where
- Election Laws/OEC - US Constitution technical terms are employed.
• ratio leqis et anima - intent of the framers.
Constitutional Law • ut maais valeat auam pereat.- be interpreted as a
• a body of rules resulting from the interpretation by a whole.
high court of a written constitutional instrument in the
course of disposing of cases in which the validity, in Qualities of the Constitution
relation to the constitutional instrument, of some act of 1. Brief – short, simple
governmental power… has been challenged. 2. Broad – inclusive to all/everything
• If there is no constitutional or statutory basis, the 3. Definite - straightforward
state...adopts the generally accepted principles of
international law as part of the law of the land. (Art 2. Nature & Purpose of Constitution
Sec. 2) 1. Supreme/Fundamental Law – Constitution is binding
• Treaties has the same force and effect of the law…as on all organs of the government. It is the law which all
long as it doesn’t contradict with the constitution. other laws must conform.
2. Basic Framework – Constitution is providing system
to the government; assigning powers and duties to
THE PHILIPPINE CONSTITUTION different government departments/branches;
protecting the rights of individuals against arbitrary
Constitution – is a written instrument by which the fundamental
actions of the government.
powers of government are established, limited, and defined, and
by which these powers are distributed among several
Doctrine of Constitutional Supremacy
departments /branches for the benefit of the people.
- Fundamental and Supreme law
*Constitution in Philippine context)
- Deemed written in every statue and contract (the
basis)
The constitution prescribes the permanent framework of a
system of government, to assign to the several departments
CONSTITUTION STATUTE
their respective powers and duties, and to establish certain first
principles on which the government is founded. ‣ a legislation direct from the ‣ a legislation from the
people. (Concom) people’s representatives
Nature of a Constitution ‣ merely states the general (Congress)
Classification framework of the law nor ‣ provides the details of the
1. Written or unwritten – A written constitution is one merely subjects it treats
whose precepts are embodied in one document or set ‣ to meet existing conditions ‣ to meet existing conditions
of documents; while an unwritten constitution consists but to govern the future only
of rules which have not been integrated into a single, ‣ the supreme or ‣ Law born-out from the
concrete form but are scattered in various sources, fundamental law constitution
such as statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and • Statutes or Acts of Congress can be repealed or
traditions, and certain common law principles. revoked by another statue.
• Constitution can be change or amended by the people
2. Enected (Conventional) or Evolved or (Comulative) through Concom that will create a Concon, that will
- A conventional constitution is enacted, formally struck form the new constitution then will be ratified by the
off at a definite time and place following a conscious or people through plebiscite.
deliberate effort taken by a constituent body or ruler;
while a cumulative constitution is the result of political Revision vs. Amendment
evolution, not inaugurated at any specific time but • Revision broadly implies a change that alters a basic
changing by accretion rather than by any systematic principle in the Constitution, like altering the principle of
method. separation of powers or the system of checks and balances.
There is also revision if the change alters the substantial
3. Rigid or Flexible - A rigid Constitution is one that can entirety of the Constitution.
be amended only by a formal and usually difficult • Amendment broadly refers to a change that adds, reduces,
deletes, without altering the basic principle involved.
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CONSTI LAW
• Revision generally affects several provisions of the • Sovereignty - the power to command and enforce
Constitution; while amendment generally affects only the obedience free from foreign control—supreme power or
specific provision being amended. authority.

Constitutional History People – As requisite for statehood: Adequate number for self-
I. Malolos Constitution sufficiency and defense; of both sexes for perpetuity.
II. The American Regime and the Organic Acts
III. The 1935 Constitution Territory -The national territory comprises the Philippine
IV. The Japanese (Belligerent) Occupation archipelago, with all the islands and waters…
V. The 1973 Constitution
VI. The Provisional (Freedom) Constitution Government
VII. The 1987 Constitution - The agency or instrumentality through which the will of
the state is formulated, expressed and realized.
Rules of Democracy
• Rules of Majority – the will of the many must prevail--- Government functions are two-fold: Constituent and Ministrant
real democracy. • Constituent, which are mandatory for the Government
• Basis – based on reason an experience. Acts are within to perform because they constitute the very bonds of
the bounds and limitations set by the Constitutions and society, such as the maintenance of peace and order,
laws. regulation of property and property rights, the
• Rights of Minority – the minority must be protected. administration of justice, etc;
Majority Vote Plurality Vote • Ministrant, those intended to promote the welfare,
50% plus 1 Highest number of votes progress and prosperity of the people, and which are
merely optional for Government to perform.
Government of Laws and NOT of Men o The most important of the ministrant functions
• Rule of Law – all men are equal in the eyes of law. are: public works, public education, public
• The government has limited powers – limited by the charity, health and safety regulations, and
constitution and the laws. regulations of trade and industry.
• All persons are subject to law – duty of the government o GOCCs
to provide peace and security and to promote the general
welfare. Doctrine of Parens Patriae. Literally, parent of the people. As
such, the Government may act as guardian of the rights of
• Rule of the majority. [Plurality in elections]
people who may be disadvantaged or suffering from some
• Accountability of public officials.
disability or misfortune.
• Bill of Rights.
• Legislature cannot pass irrepealable laws. Forms of Government
• Separation of powers. As to number of persons exercising sovereign powers:
Monarchy – one (king, queen, prince)
Purpose: To prevent concentration of authority in one person - Absolute Monarchy (full)
or group of persons that might lead to an irreversible error or - Limited Monarchy (ceremonial)
abuse in its exercise to the detriment of republican institutions. Aristocracy – few
“To secure action, to forestall overaction, to prevent despotism Democracy – many
and to obtain efficiency” - Direct or pure democracy
- Indirect, representative, or republican democracy
THE PHILIPPINES AS A STATE
State is a community of persons, more or less numerous, As to extent of powers by the central or national government:
permanently occupying a definite portion of territory, having a Unitary Government – centralize (e.g. PH)
government of their own to which the great body of inhabitants Federal Government – decentralized (e.g. US)
render obedience, and enjoying freedom from external control.
As to relationship between the executive and the legislative
Distinguished from Nation and Government branches of the government:
• State is a legal or juristic concept, citizenship. Parliamentary government – parliament (executive and
• Nation is an ethnic or racial concept. legislative) (e.g. UK)
• Government is merely an instrumentality Presidential Government – separate executive & legislative
• of the State through which the will of the State is
implemented and realized. As to instituting government officials:
- Hereditary
Origin of State - Elective
- Divine right theory - Paternalistic theory As to the legitimacy of the government
- Necessity or force theory - Social contract theory - De facto – true in fact/ widely recognized
- De jure – in accordance to law/ in law
Elements of a State CODE: PTGS
• People – the mass of the population living within the state.
• Territory – demarcated area that rightly belongs to the
population. Terrestrial, Fluvial, Maritime and Aerial domains
• Government - the agency through which the will of the
state is formulated, expressed and carried out.

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CONSTI LAW
Sovereignty - The supreme and uncontrollable power inherent PREAMBLE
in a State by which that State is governed. We, the sovereign Filipino people, imploring the aid of Almighty
• permanence, exclusiveness, comprehensiveness, God, in order to build a just and humane society, and establish
absoluteness, indivisibility, inalienability, a Government that shall embody our ideals and aspirations,
imprescriptibility. promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity, the
Kinds of Sovereignty: blessings of independence and democracy under the rule of law
• Legal, which is the power to issue final commands; or and a regime of truth, justice, freedom, love, equality, and
Political, which is the sum total of all the influences peace, do ordain and promulgate this Constitution.
which lie behind the law.
• Internal, or the supreme power over everything within Can you cite the preamble on cases filed before the
its territory; or External, also known as independence, courts?
which is freedom from external control. No. The preamble is only an OVERVIEW of the constitution.

Effects of change in sovereignty: Political laws are Function: It sets down the origin, scope, and purpose of
abrogated municipal laws remain in force. *municipal laws the Constitution, it is useful as an aid in
are the local laws of the territory as a whole. ascertaining the meaning of ambiguous
Effects of belligerent occupation: No change in provisions in the body of the constitution.
sovereignty. Origin / the will of the “sovereign Filipino people”
authorship:
State Immunity from Suit. “The State cannot be sued Scope and to build a just and humane society and to
without its consent” [Sec.3, Art. XVI]. purpose: establish a government that shall embody our
ideals and aspirations, promote the common
Basis: There can be no legal right against the authority which good, conserve and develop our patrimony,
makes the law on which the right depends [Republic v. Villasor, and secure to ourselves and our posterity the
54 SCRA 83], However, it may be sued if it gives consent, blessings of independence and democracy
whether express or implied. The doctrine is also known as the under the rule of law and a regime of truth,
Royal Prerogative of Dishonesty. justice, freedom, love, equality, and peace.

Immunity is enjoyed by other States, consonant with the public The preamble:
international law principle of par in parem non habet imperium. 1. Does not confer rights nor impose duties.
• The Head of State, who is deemed the personification 2. Indicates authorship of the Constitution; enumerates the
of the State, is inviolable, and thus, enjoys immunity primary aims and aspirations of the framers; and serves as an
from suit. aid in the construction of the Constitution.
• The State’s diplomatic agents, including consuls to a
certain extent, are also exempt from the jurisdiction of
local courts and administrative tribunals.
• United Nations, as well as its organs and specialized
agencies, are likewise beyond the jurisdiction of local
courts.
• Even other international organizations or international
agencies may be immune from the jurisdiction of local
courts and local administrative tribunals.

***This immunity only pertains to suits in municipal courts. In

terms of crimes, acts of public distrust, and crime against
humanity, there are circumstances to apply….

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CONSTI LAW
Article 1 • Exclusive Economic Zone (EEZ) is an are beyond and
National Territory adjacent to the territorial sea. 200nm from the baseline.
The national territory comprises the Philippine archipelago, with o sovereign rights for exploring, exploiting,
all the islands and waters embraced therein, and all other conserving, and managing living and non-living
territories over which the Philippines has sovereignty or resources of the water column underlying the
jurisdiction, consisting of its terrestrial, fluvial and aerial continental shelf.
domains, including its territorial sea, the seabed, the subsoil, the • Territorial Sea – 12nm from the baseline.
insular shelves, and other submarine areas. The waters around, o full sovereign power can be exercised on all land,
between, and connecting the islands of the archipelago, air, and sea
regardless of their breadth and dimensions, form part of the o all laws are enforceable.
internal waters of the Philippines. • Contiguous zone – 24nm from the baseline.
o Only customs and immigration laws
Components: • Continental shelf – 150nm from the baseline.
Terrestrial, Fluvial, Maritime, and Aerial Domains. • High Seas – beyond 200nm, international waters

The Philippine Archipelago:

(i) Treaty of Paris, December 10, 1898 (Cession of the
Philippine Islands by Spain to the United States);
(ii) Treaty between Spain and US at Washington,
November 7, 1900 (Cagayan, Sulu & Sibuto);
(iii) Treaty between US and Great Britain, January 2, 1930
(Turtle & Mangsee Islands).
(iv) R.A. 9522 or the Baselines Law

Other territories over which the Philippines exercises

jurisdiction:
(i) Kalayaan Island Group
(ii) Scarborough Shoal

Archipelagic Doctrine
• The archipelagic doctrine emphasizes the unity of land and
waters by defining an archipelago either as a group of Maritime Disputes vs. Territorial Disputes
islands surrounded by waters or a body of waters studded • Maritime disputes are subject to compulsory arbitration
with islands. because under UNCLOS a party state has given its
• This is reflected in Art. 1, Sec. 1 of the 1987 Constitution advance consent to compulsory arbitration, unless a state
which states that the waters around, between, and has opted out of compulsory arbitration involving certain
connecting the islands of the archipelago, regardless of specified disputes.
their breadth and dimension forms part of the internal • In contrast, territorial disputes can be subject to arbitration
waters of the Phil's only with the consent of each disputant state to every
• An imaginary single baseline is drawn around the islands arbitration, unless such consent has been given in advance
by joining appropriate points of the outermost islands of the in a treaty.
archipelago with straight lines and all islands and waters • There is no such treaty between the Philippines and China
enclosed within the baseline from part of its territory. involving compulsory arbitration of territorial disputes.
Straight baseline method. • The Philippines' arbitration case against China is solely a
maritime dispute and does not involve any territorial
This articulates the archipelagic doctrine of national territory, dispute.
based on the principle that an archipelago, which consists of a
number of islands separated by bodies of water, should be Permanent Court of Arbitration is an intergovernmental
treated as one integral unit. organization providing a variety of dispute resolution services to
the international community.
United Nations Convention on the Law of the Sea III ***The tribunal’s jurisdiction is derived from UNCLOS; all State
(UNCLOS III) provides (i) Contiguous Zone of 12 miles; (ii) parties to UNCLOS agree to compulsory dispute settlement
Exclusive Economic Zone of 200 miles. Although the contiguous procedures under Part XV, Section 2 of the treaty.
zone and most of the exclusive economic zone may not,
technically, be part of the territory of the State, nonetheless, the What is the nature and purpose of the arbitration case filed
coastal State enjoys preferential rights over the marine by the Philippines against China?
resources found within these zones. • The Philippines asked the tribunal if China's 9-dashed lines
can negate the Philippines' EEZ as guaranteed under
The United Nations Convention on the Law of the Sea lays down UNCLOS.
a comprehensive regime of law and order in the world's oceans • The Philippines also asked the tribunal if certain rocks
and seas establishing rules governing all uses of the oceans and above water at high tide, like Scarborough Shoal, generate
their resources. It enshrines the notion that all problems of a 200 NM EEZ or only a 12 NM territorial sea.
ocean space are closely interrelated and need to be addressed • The Philippines further asked the tribunal if China can
as a whole. appropriate low-tide elevations (LTES), like Mischief Reef
and Subi Reef, within the Philippines' EEZ.

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CONSTI LAW
INHERENT POWERS OF THE STATE Limitations of the Inherent Powers of the State:
Bill of Rights, although in some cases the exercise of the power
Similarities: prevails over specific constitutional guarantees. The courts may
• Inherent in the State, exercised even without need of annul the improvident exercise of police power.
express constitutional grant.
• Necessary and indispensable; State cannot be effective Police Power
without them. Police Power - The power of promoting public welfare by
• Methods by which State interferes with private property. restraining and regulating the use of liberty and property.
• Presuppose equivalent compensation
• Exercised primarily by the Legislature. Police power is the most pervasive, the least limitable, and the
most demanding of the three powers.
Police Power Power of Power of - salus populi est suprema lex
Eminent Domain Taxation - sic utere tuo ut alienum non laedas.
As to purpose
Police power concerns government enactments, which precisely
Promote public Facilitate the Raise revenue
interfere with personal liberty or property to promote the general
welfare through taking of private
welfare or the common good.
regulations. property for public
use.
Who may exercise police powers?
G: Legislature/Congress
As to amount of exaction
X: valid delegation (i.e. President, departments, LGU)
Limited to the cost No exaction. Unlimited in
of regulation, amount.
Exercise of Police Power
issuance license
Inherently Legislature/Congress
or surveillance.
vested
Valid President/Executive, to administrative bodies
As to benefit received
delegation and to lawmaking bodies of local government
No direct benefit Just No direct benefit
units.
but an order in compensation by general
Under the Local Government Units (LGU’s)
society. protection.
general
welfare
As to non-impairment of contract
clause
Not applicable Not applicable Applicable
Scope:
As to transfer of property rights
• Police power cannot be bargained away through the
No transfer but Transfer in favor Public funds
medium of a treaty or a contract.
restraint of the State
• The taxing power may be used as an implement of police
power. (i.e. sin tax)
As to scope
• Eminent domain may be used as an implement to attain the
Covers all Covers only a Covers all
police Objective. (i.e. CARP)
persons, property, particular persons, property,
rights and property. and exercises.
The proper exercise of the police power requires compliance
privileges.
with the following requisites:
a) the interests of the public generally, as distinguished from
As to who may exercise the power
those of a particular class, require the interreference by the
Government and May be exercised Government and State; and
its political by private entities. its political b) the means employed are reasonably necessary for the
subdivisions. subdivisions. attainment of the object sought and not unduly oppressive
upon individuals.
As to compensation
the intangible, the full and fair the protection Limitations (Test for valid exercise of police powers)
altruistic feeling equivalent of the given and/or • Lawful subject – interests of the public general
that the individual property taken or public • Lawful means – reasonably necessary
has contributed to just compensation improvements
the public good instituted by When delegated:
government for
• Express grant by law
the taxes paid
• Within territorial limits
• Not contrary to law
• Police power regulates both liberty and property
• Eminent domain and taxation affect only property
rights.
• Property taken in police power is usually noxious or
intended for a noxious purpose and may thus be
destroyed; while in eminent domain and taxation, the
property is wholesome and devoted to public use or
purpose.

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Eminent Domain Taxation
Eminent Domain is the power to condemn private property to Taxation is the power by which the sovereign, through its law-
public use upon payment of just compensation. making body, raising revenue to defray the necessary expenses
• Like police power it has the general welfare for their of the government.
objective.
• Eminent domain is the power, expropriation is the process Tax payment must be in legal tender (actual money)

Expropriation - the procedure by which the government takes Who may exercise?
possession of private property, is outlined primarily in Rule 67 G: Legislature
of the rules of court. X: to a limited extent, the President when granted delegated
Art. 3 Sec. 9. of the 1987 Constitution states that, “Private tariff powers.
property shall not be taken for public use without just
compensation”. Exercise of Power of Taxation
- Just Compensation = fair market value Inherently Legislature/Congress
vested
The power of eminent domain has constitutional restraints Limited President, when granted delegated tariff
- That a private property shall not be taken for public extent powers.
use without just compensation (Art. 3 Sec 9)
- No person shall be deprived of life, liberty, property, or Nature:
without due process of law (Art. 3 Sec 1) - Inherent attribute of sovereignty – national government
- Legislative in character – nature, object, extent, coverage,
Requisites/ Elements of the valid exercise of eminent domain situs
- there must be genuine necessity to take the private - Subject to constitutional and inherent limitations.
property, for public use.
- the property taken must be private property. Characteristics of taxation
- The taking must be for public use. • Fiscal Adequacy – the need of the state
- there must be payment of just compensation • Administrative feasibility
- the taking must comply with due process of law. • Theoretical Justice
Who may exercise the power of eminent domain? Equal protection clause: Taxes should be uniform and equitable
G: Legislature/Congress
X: valid delegation (i.e. President, departments, LGU), and Tax Exemptions.
private enterprise performing public services. G: No law granting any tax exemption shall be passed without
the concurrence of a majority of all the Members of Congress.
Exercise of Eminent Domain X: Treaties and Conventions.
Inherently Legislature/Congress *Treaties has the same force and effect of law.
vested
By President/Executive, to administrative bodies
delegation and local government units, and even private
enterprise performing public duties
Due Process
- The exercise of the right of eminent domain, whether Police Power Reasonableness of the legislation,
directly by the State or by its authorized agents, is invocation of rights
necessarily in derogation of private rights. Eminent Domain A private property should not be taken
- The exercise of the power of eminent domain is clearly without just compensation. Process of
superior to the final and executory judgment rendered by expropriation.
the court in an ejectment case. Taxation Tax should not be confiscatory.

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CONSTI LAW
Section 13. The State recognizes the vital role of the youth in
Article 2 nation-building and shall promote and protect their physical,
Declaration of Principles and State Policies moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage
PRINCIPLES their involvement in public and civic affairs.

Section 1. The Philippines is a democratic and republican State. Section 14. The State recognizes the role of women in nation-
Sovereignty resides in the people and all government authority building, and shall ensure the fundamental equality before the
emanates from them. law of women and men.

Section 2. The Philippines renounces war as an instrument of Section 15. The State shall protect and promote the right to
national policy, adopts the generally accepted principles of health of the people and instill health consciousness among
international law as part of the law of the land and adheres to them.
the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations. Section 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the
Section 3. Civilian authority is, at all times, supreme over the rhythm and harmony of nature.
military. The Armed Forces of the Philippines is the protector of
the people and the State. Its goal is to secure the sovereignty of Section 17. The State shall give priority to education, science
the State and the integrity of the national territory. and technology, arts, culture, and sports to foster patriotism and
nationalism, accelerate social progress, and promote total
Section 4. The prime duty of the Government is to serve and human liberation and development.
protect the people. The Government may call upon the people
to defend the State and, in the fulfillment thereof, all citizens may Section 18. The State affirms labor as a primary social
be required, under conditions provided by law, to render economic force. It shall protect the rights of workers and
personal, military or civil service. promote their welfare.

Section 5. The maintenance of peace and order, the protection Section 19. The State shall develop a self-reliant and
of life, liberty, and property, and promotion of the general welfare independent national economy effectively controlled by
are essential for the enjoyment by all the people of the blessings Filipinos.
of democracy.
Section 20. The State recognizes the indispensable role of the
Section 6. The separation of Church and State shall be private sector, encourages private enterprise, and provides
inviolable. incentives to needed investments.

Section 21. The State shall promote comprehensive rural

STATE POLICIES development and agrarian reform.

Section 7. The State shall pursue an independent foreign policy. Section 22. The State recognizes and promotes the rights of
In its relations with other states, the paramount consideration indigenous cultural communities within the framework of
shall be national sovereignty, territorial integrity, national national unity and development.
interest, and the right to self-determination.
Section 23. The State shall encourage non-governmental,
Section 8. The Philippines, consistent with the national interest, community-based, or sectoral organizations that promote the
adopts and pursues a policy of freedom from nuclear weapons welfare of the nation.
in its territory.
Section 24. The State recognizes the vital role of
Section 9. The State shall promote a just and dynamic social communication and information in nation-building.
order that will ensure the prosperity and independence of the
nation and free the people from poverty through policies that Section 25. The State shall ensure the autonomy of local
provide adequate social services, promote full employment, a governments.
rising standard of living, and an improved quality of life for all.
Section 26. The State shall guarantee equal access to
Section 10. The State shall promote social justice in all phases opportunities for public service, and prohibit political dynasties
of national development. as may be defined by law.

Section 11. The State values the dignity of every human person Section 27. The State shall maintain honesty and integrity in the
and guarantees full respect for human rights. public service and take positive and effective measures against
graft and corruption.
Section 12. The State recognizes the sanctity of family life and
shall protect and strengthen the family as a basic autonomous Section 28. Subject to reasonable conditions prescribed by law,
social institution. It shall equally protect the life of the mother and the State adopts and implements a policy of full public disclosure
the life of the unborn from conception. The natural and primary of all its transactions involving public interest.
right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive
the support of the Government.
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