I. 1946.

1987 PHILIPPINE CONSTITUTION. 4th fundamental law to govern Philippines since it became independent on July 4,

the other 3 fundamental laws 1. Commonwealth Constitution or 1935 Constitution operative after proclamat ion of the Republic of the Philippines. 2. 1973 Constitution enforced during the Marcos regime following approval a nd ratification when country was under the martial law. 3. Freedom Constitution to be effective pending adoption of permanent one. Proclamation No. 9 created Constitutional Commission of 50 members from various sectors - charged to frame a new charter not later than September 2, 1986 but fi nal draft approved only on October 15, 1986. 1. 2. en 3. Features: consists of 18 articles; excessively long compared to 1935 and 1973 Consti to which it was based; from 1935 Consti. revival of bicameral Congress and presidential system; judiciary independence strengthened with increased authority covering ev beyond political questions. from 1973 Consti. provisions on ConCom and local govt retained. bill of rights improved.

3 Essential Substantive Parts. 1. constitution of liberty provisions on civil and political rights of citi zens and powers of government. - found in Articles 3, 2, 4, 5 and 12. 2. constitution of government provisions on organization of government, adm inistration and defining the electorate. - Articles 6 to 11. 3. constitution of sovereignty provisions on procedure with which formal ch anges in the fundalmental law may be brought about. - Article 17. II. POLITICAL LAW. branch of public law which deals with the organization and operations of the gov ernmental organs of the State and defines the relations of the State with the in habitants of its territory. as subject Curriculum prescribed by SC - covers Constitutional Law 1 and 2, Admi nistrative Law, Law of Public Officers, Election Law and Law on Municipal Corpor ations. Constitutional Law 1 study of the structure and powers of the government and bas ic political concepts like nature of the state, supremacy of the Consti, separat ion of powers and rule of majority. III. BASIS OF PHILIPPINE POLITICAL LAW. principally the 1987 Constitution. pertinent statutes, executive orders and decrees, case laws and current politica l events. retained provisions or modifications from 1935 and 1973 Consti. organic laws applicable in the Philippines Phil Bill of 1902, Jones Law of 1916, Tyding-McDuffie Law of 1934. US Constitution particularly Bill of Rights reason imported provisions of law ar e interpreted in the light of their understanding in the country of origin. IV. STATE AS A LEGAL CONCEPT.

STATE - a community of persons, more or less numerous, permanently occup ying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience . NATION (nasci means to be born) relations of birth or origin and implies c ommon race usually characterized by community of language and customs. nation is a racial/ethnic concept as distinguished from state which is a leg al concept. nation may comprise several states e.g. Egypt, Iraq, Saudi = belong to A rab nation. a single state made of more than one nation e.g. US(melting pot of many nations). GOVERNMENT an instrumentality of the State through which the will of the State is implemented and realized.

V.

CONSTITUTIONAL LAW. study of the maintenance of the proper balance between authority as represented by the 3 inherent powers of the State and liberty as guaranteed by the Bill of R ights. role to effect an equilibrium between the authority and liberty so that rights a re exercised within the framework of the law and the laws are enacted with due d eference to rights. CONSTITUTION a body of rules and maxims in accordance with which the powers of s overeignty are habitually exercised. Constitution of the Philippines J. Malcolm the written instrument enacted by dir ect action of the people by which the fundamental powers of the government are e stablished, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of t he body politic. it is written, conventional and rigid. 1. 2. 3. Classification. written or unwritten. enacted(conventional) or evolved(cumulative). rigid or flexible.

Written Constitution embodied in one document or set of documents. Unwritten Constitution not integrated into a single, concrete form but are scatt ered in various sources. Enacted Constitution formally struck off at a definite time and place following a conscious effort taken by a constituent body. Evolved Constitution result of political evolution. Rigid Constitution amended only by a formal and usually difficult process. Flexible Constitution changed by ordinary legislation. Qualities of a Written Constitution. 1. broad provides for the organization of the government and covers all per sons and things within the territory of the Stated and comprehensive enough to p rovide for every contingency. 2. brief confine to basic principles to be implemented with legislative det ails more adjustable to change and easier to amend.

3. ess.

definite prevent ambiguity which could result in confusion and divisiven

Construction/Interpretation of the Constitution. 1. verbal legis whenever possible, words used must be given their ordinary meaning except where technical terms are employed. 2. ratio legis et anima where there is ambiguity, words should be interpret ed in accordance with the intent of the framers of the Constitution. be mindful of the object sought to be accomplished and the evils sought to be av oided. examined in light of the history of the times and the conditions and circumstanc es under which the Constitution was framed. 3. Constitution has to be interpreted as a whole. 4. plain-meaning rule cannot be applied- resort to other aids is available. 5. in case of doubt, provisions should be considered self-executing, mandat ory and prospective. Self-executing Provision. it is complete in itself and becomes operative without the aid of supplementary or enabling legislation. supplies a sufficient rule by means of which the rights it grants maybe enjoyed or protected. Non-self-executing Provision remains dormant unless it is activated by legislati ve implementation e.g. Article 2, Section 4 and Article 4, Section3. How Constitution is changed/modified? 1. Amendment. 2. Revision. AMENDMENT isolated or piecemeal change only. amendment of 1935 Constitution when term of office of President changed from 6 to 4yrs. REVISION revamp or rewriting of the whole instrument. when CONCOM of 1986 re-wrote the Marcos charter and produced the 1987 Co nstitution. Procedure in the Amendment of the Constitution Article 17. 1. Proposal adoption of the suggested change in the Constitution proposed a mendment may come from: a) Congress, by a vote of of all its members. b) Constitutional Convention, which maybe called into existence either by a 2/3 vote of all the members of Congress OR vote not obtained by a majority vote of all the members of Congress with the ? of W/N to call a convention to be res olved by the people in a plebiscite. c) people through the power of initiative by a petition of at least 12% of the total # of registered voters, of which every legislative district must be re presented by at least 3% of the registered voters therein. 2. Ratification majority of the votes cast in a plebiscite held not earlier that 60 days nor later than 90 days after the approval of the proposal by Congr ess or the CONCON or after certification by the Comelec of the sufficiency of th e petition for initiative. plebiscite may be held on the same day as regular election. proposals to amend the Constitution must be ratified within a reasonable time after they are made coz they are intended to answer present needs or corre ct current problems.

Doctrine of Proper Submission - time frame within which plebiscite is t o be held is provided and there can no longer be a question on whether the time given to the people to determine the merits and demerits of the proposed amendme nt is adequate.

Supremacy of the Constitution. Constitution is the basic and paramount law to which all other laws must conform and to which all persons must defer. no act shall be valid, however noble its intentions, if it conflicts wit h the Constitution. right or wrong, it must be upheld as long as it has not been changed by the sovereign people lest its disregard result in the usurpation of the majesty of law by the pretenders to illegitimate power. JUDICIAL REVIEW. power of the courts to test the validity of executive and legislative ac ts in conformity with the Constitution. an expression of the supremacy of the Constitution. is inherent in the Judiciary by virtue of the separation of powers doctr ine. Article 8, Section 1 judicial power includes the duty of the courts of j ustice to settle actual controversies involving the rights which are legally dem andable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of a ny branch or instrumentality of the government. Functions of Judicial Review. 1. checking. 2. legitimating. 3. symbolic. Requisites of Judicial Review/Inquiry. 1. there must be an actual case or controversy. 2. question of constitutionality must be raised by the proper party. 3. constitutional question must be raised at the earliest possible time. 4. decision of the constitutional question must be necessary to the determi nation of the case itself. ACTUAL CASE/CONTROVERSY a conflict of legal rights, an assertion of opposite leg al claims susceptible of judicial determination. controversy must be definite and concrete, bearing upon the legal relati ons of parties who are pitted against each other due to their adverse legal inte rests. it must be real and substantial controversy admitted of specific relief through a decree that is conclusive in character. issues raised must not be moot and academic or coz of subsequent develop ments, have become moot and academic. exceptions: 1. if it is capable of repetition yet evading review application of this pri nciple presupposes that: a. life of the controversy is too short to be fully litigated prior to its termination. b. there is reasonable expectation that the plaintiff will again be subject ed to the same problem.

2. when it feels called upon to exercise its symbolic function duty to form ulate guiding and controlling constitutional principles, precepts, doctrines or rules and the symbolic function to educate the bench and bar on the extent prote ction given by the constitutional guarantees.

PROPER PARTY one who has sustained or is in immediate danger of sustaining an in jury as a result of the act complained of. LEGAL STANDING personal and substantial interest in the case such that t he party has sustained or will sustain direct injury as a result of the governme ntal act. INTEREST a material interest an interest in issue affected by the decree must not be too vague, highly speculative and uncertain to satisfy the requirem ent of legal standing. note: a partys standing in court is a procedural technicality which may be set aside by the Court in view of the importance of the issues involved - issu es raised are if paramount public interest, court may brush aside the procedural barrier in the exercise of its discretion. Who may be a proper party? 1. taxpayer to question the validity of a law appropriating public funds. 2 requisites must concur: a) public funds are disbursed by a political subdivision and in doing so a law is violated or some irregularity is committed. b) petitioner is directly affected by the alleged ultra vires act. 2. Government of the Philippines to question the validity of its own laws, because more than any one, it should be concerned with the constitutionality of its act. EARLIEST OPPORTUNITY question must be raised in the pleadings. exceptions: a) in criminal cases raised at any time in the discretion of the court. b) in civil cases raised at any stage if it is necessary to the determinati on of the case itself. c) in every case except where there is estoppel raised at any stage of it i nvolves the jurisdiction of the court. NECESSITY OF DECIDING CONSTITUTIONAL QUESTION reason coz of the doctrine of sepa ration of powers which demands that proper respect be accorded the other departm ents, but courts do not decide constitutional questions as long as there is some other basis that can be used for a decision. Effects of Declaration of Unconstitutionality 2 Views: 1. Orthodox View an unconstitutional act is not a law; it confers no right ; it imposes no duties; it affords no protection; it creates no office; it i s inoperative as if it had not been passed at all. 2. Modern View court simply refuses to recognize the law and determine the rights of the parties as if the statute had no existence. Partial Unconstitutionality Requisites: 1. legislature must be willing to retain the valid portions as shown in the separability clause. 2. valid portion can stand independently as law.

STATE - a community of persons, more or less numerous, permanently occupying a f ixed territory, and possessed of an independent government organized for politic al ends to which the great body of inhabitants render habitual obedience. Elements of a State. people. territory. government. sovereignty.

2. 3. 4. 5.

PEOPLE inhabitants of the State. numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained. come from both sexes for purposes of procreation. TERRITORY fixed portion of the surface of the earth inhabited by the peo ple of the State. it must neither be too big as to be difficult to administer and defend n or too small as to be unable to provide for the needs of the population. components: land mass( terrestrial domain), inland and external waters ( maritime and fluvial domain ), air space( aerial domain ). Article 1, 1987 Constitution 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 shel ves, 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. 1. 898. 2. , 1900 3. 1930 4. 5. right Territories Covered by Article 1. those ceded to the US by virtue of the Treaty of Paris of December 10, 1 those defined in the treaty concluded between US and Spain on November 7 not in the Treaty of Paris Cagauan, Sulu and Sibuto. those defined in the treaty between the US and Great Britain January 2, Turtle and Mangsee Islands. island of Batanes as covered in the 1935 Constitution. those contemplated in the phrase belonging to the Philippines by historic or legal title in 1973 Constitution.

Archipelago consists of a number of islands separated by bodies of water. ARCHIPELAGIC DOCTRINE OF NATIONAL TERRITORY. based on the principle that an archipelago should be treated as one integral uni t. uses the baseline method connecting the outermost points of the archipelago with straight baselines and consider all the waters enclosed thereby as internal wat ers while the breadth of the territorial sea shall then be measured from the bas elines. UN Convention on the Law of the Sea (UNCLOS) ratified by Phils in August 1983 pr

ovides: 1. contiguous zone of 12 miles. 2. exclusive economic zone of 200 miles. 3. although the contiguous zone and most of the exclusive zone may not, tec hnically, be part of the territory of the State, nonetheless, the coastal State enjoys preferential rights over the marine resources found within these zones. Conventional Modes of Acquiring Territory. 1. discovery oldest mode; accompanied by occupation, management and admini stration of the land. 2. prescription continued and uninterrupted occupation for a long period of time by one State. 3. accretion land area of State by either forces of nature or artificial is increased. 4. accession bilateral agreement where one State transfers to another State a definite portion of its territory. 5. conquest use of force; violative of UN Charter. GOVERNMENT agency through which the will of the State is formulated, exp ressed and realized. US v. DORR defined government as the aggregate of authorities which rule a socie ty. Government of the Republic of the Philippines refers to the corporate government entity through which the functions of government are exercised throughout the P hilippines(Admin Code 1987). Classifications of Government. 1. Monarchial powers vested in single person kings or monarchs. 2. Aristocratic powers vested in few elite individuals. 3. Democratic powers vested in the general body of the citizens usually ele cted by the people at large. 4. Presidential makes the executive independent of the legislature both in tenure and prerogatives as exercised by President. 5. Parliamentary confers upon the legislature complete control of the admin istration of the law the Prime Minister or titular head of the State occupies po sition of insignificance usually without power and performs purely ceremonial fu nctions. 2 Kinds of Functions the Government Performs. 1. Constituent mandatory functions. 2. Ministrant undertaken to advance the general interests of society option al. distinction of functions of government still relevant? NOT ANYMORE reason the g rowing complexities of modern society rendered this classification unrealistic r endered irrelevant in view of the repudiation of the laissez faire policy (Phil Virginia Tobacco v. Court of Industrial Relations, 65 scra 416). Doctrine of Parens Patriae for the State to act as guardian of the rights of the people. De Jure Government has rightful title but no power or control, either coz this h as been withdrawn from it or it has not yet actually entered into the exercise t hereof. De Facto Government government of fact actually exercises power or control but w ithout legal title.

3 Kinds of De Facto Government. 1. one that gets possession and control of, or usurps, by force of by voice of the majority, the rightful legal government and maintains itself against the will of the latter e.g. England government. 2. one established as an independent government by the inhabitants of the c ountry who rise in insurrection against the parent State. 3. one established and maintained by military forces who invade and occupy a territory of the enemy in the course of war. 2nd Republic of the Philippines a de facto government of paramount force establi shed by the Japanese belligerent during the occupation in the Philippines in Wor ld War 2. Government under President Aquino it is not merely a de facto government but in fact and in law a de jure government reason the people have made the judgment cepted the government which was in effective control in the entire country (Lawy ers League v. Aquino, GRN 73748). ADMINISTRATION - the group of persons in whose hands the reins of government ar e for the time being. runs the government. is transitional whereas government is permanent. SOVEREIGNTY supreme and uncontrollable power inherent in a State by whic h that State is governed. is permanent, exclusive, comprehensive, absolute, indivisible, inalienab le and imprescriptible (Laurel v. Misa, 77 phil 856). maybe internal or external sovereignty. internal sovereignty power of State to control its domestic affairs. external sovereignty(independence) power of the State to direct its rela tions with other States. Co Kim Chan v. Valdez Tan Keh, 75 phil 113 sovereignty is not deemed suspended a lthough acts of sovereignty cannot be exercised by the legitimate authority Sove reignty over the Philippines remained with the US during the Japanese occupation although the Americans could not exercise any control over the occupied territo ry what the belligerent occupant took over was only the exercise of acts of sov ereignty. 2 Kinds of Sovereignty. 1. Legal Sovereignty - authority which has the power to issue final comman ds Congress. 2. Political Sovereignty power behind the legal sovereign different sectors that mod public opinion. where there is a change of sovereignty the political laws of the former sovereign are not merely suspended but abrogated - as they regulate the relation s of the ruler and the ruled, these laws fall under the ground ipso facto unles s they are retained or re-enacted by positive act of the new sovereign. non-political law, by contrast, continue to operate reason they regulate private relations unless they are changed by the new sovereign or are contrary to its institutions. Act of State act done by the political departments of the government and not sub ject to judicial review. ac

Dominium refers to the capacity to own or acquire property including lands held by the State in its proprietary capacity. Imperium authority possessed by the State embraced in the concept of sovereignty . JURIDICTION. 1. Territorial Jurisdiction power of the State over persons and things with in its territory. exempt are: a) foreign states, heads of state, diplomatic representatives and consuls t o a certain degree. b) foreign state property like embassies, consulates, and public vessels en gaged in noncommercial acts. c) acts of state. d) foreign merchant vessels exercising the rights of innocent passage or in voluntary entry such as arrival under stress. e) foreign armies passing through or stationed in its territory with its pe rmission. f) such other persons or property including organizations like UN over whic h it may by agreement waive jurisdiction. 2. Personal Jurisdiction power of the State over its nationals, which may b e exercised by the State even if the individual is outside the territory of the State. 3. Extraterritorial Jurisdiction - power of the State exercised beyond its territory. STATE Immunity from Suit The State cannot be sued without its consent (Art 16 Se c 3). Basis: there can be no legal right against the authority which makes th e law on which the right depends. Exception: it may be sued if it gives consent, whether express or impli ed doctrine of royal prerogative of dishonesty. Section 3, Article 16 the State may not be sued without its consent. Suability of State. 1) The State cannot be sued without its consent. 2) When considered a suit against the State a). The Republic is sued by name; b). Suit is against an un-incorporated government agency; c). Suit is against a government official, but is such that ult imate liability shall devolve on the government - When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages. - BUT: If he acted pursuant to his official duties, without ma lice, negligence, or bad faith, they are not personally liable, and the suit is really one against the State. 3) This rule applies not only in favor of the Philippines but also in favor of f oreign states. 4) The rule likewise prohibits a person from filing for interpleader, with the S tate as one of the defendants being compelled to interplead. Consent to be sued. A. Express consent:

1). The law expressly grants the authority to sue the State or a ny of its agencies. 2). Examples: a). A law creating a government body expressly providing that su ch body may sue or be sued. b). Art. 2180 of the Civil Code, which creates liability against the Sta te when it acts through a special agent. B. Implied consent: 1). The State enters into a private contract. a). he scope of b). overnmental The contract must be entered into by the proper officer and within t his authority. UNLESS: The contract is merely incidental to the performance of a g function.

2). The State enters into an operation that is essentially a bus iness operation. a). UNLESS: The operation is incidental to the performance of a governmental function. (e.g. arrastre services) b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter contains no express sue or be sued cla use. 3). Suit against an incorporated government agency. a) This is because they generally conduct propriety business ope rations and have charters which grant them a separate juridical personality. 4). The State files suit against a private party. UNLESS: The suit is entered into only to resist a claim . Garnishment of government funds: 1) al 2) nt GENERAL RULE: NO. Whether the money is deposited by way of general or speci deposit, they remain government funds and are not subject to garnishment. EXCEPTION: A law or ordinance has been enacted appropriating a specific amou to pay a valid government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability: 1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable. 2) Even if the case is decided against the State, an award cannot be satisfied b y writs of execution or garnishment against public funds. Reason: No money shall be paid out of the public treasury unless pursua nt to an appropriation made by law.

7. Separation of Church and State and its effects and exceptions. Section 6 Article 2 the separation of the Church and State shall be inviolable. Section 5 Article 3 no law shall be made respecting an establishment of religion

or prohibiting the free exercise thereof Reason: strong fences make good neighbors = to avoid encroachments by one again st the other because of misunderstanding of the limits of their respective exclu sive jurisdictions. 2. Constitutional safeguards to ensure supremacy of civilian rule over the milit ary. Section 1, Article 2 the Philippines is a democratic and republican government. Sovereignty resides in the people and all government authority emanates from th em. Section 3, Article 2 Civilian authority is at all times supreme over the militar y. The AFP is the protector of the people and State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 18, Article 7 The President(who is also a civilian official) shall be th e Commander in Chief of all armed forces of the Philippines and whenever necessa ry, he may call out the armed forces to prevent or suppress lawless violence, in vasion or rebellion. Section 4 Article 16 Modes of acquiring citizenship. a. by birth - jus soli or jus sanguinis. b. by naturalization. c. by marriage. Who are the citizens of the Philippines? a. those who are citizens of the Philippines at the time of the adoption of this Constitution; b. those whose mothers or fathers are citizens of the Philippines; c. those born on or before January 17, 1973, of Filipino mothers, who elect Filipino citizenship upon reaching the age of majority; d. those who are naturalized in accordance with law. Who are natural-born citizen? a. those who are citizens of the Philippines from birth without having to p erform any act to perfect their citizenship; b. those who elect Philippine citizen in accordance with Section 1(3) Artic le 4 of the 1987 Constitution. How may Philippine citizenship be reacquired? a. direct act of Congress; b. naturalization; c. repatriation; d. taking oath of allegiance. Modes of Naturalization. a. direct naturalization - citizenship is acquired by: individual through judicial or administrative proceedings. special act of legislature. collective change of nationality as a result of cession or subjugation. adoption of orphan minors as nationals of the State where they are born. b. derivative naturalization citizenship conferred on: wife of naturalized husband.

minor children of naturalized person. alien woman upon marriage to a national. How citizenship maybe lost? a. by naturalization in a foreign country. b. by express renunciation of citizenship. c. by subscribing to an oath of allegiance to support Constitution of forei gn country. d. by rendering service in the armed forces of a foreign country. e. by cancellation of the certificate of naturalization. Government officials who are required to be natural-born citizen. a. president; b. senators; c. members of HOR; d. party-list representatives; e. SC justices; f. justices of lower collegiate courts; g. chairman and commissioners of CSC; h. chairman and commissioners of COMELEC; i. chairman and commissioners of COA.