I. GENERAL PRINCIPLES i.

Constitutional Law,
Administrative Law, Law of
1. Political Law Public Officers, Election
a. Definition: Law, Law on Municipal
i. In the case of People VS Perfecto, the court Corporations, Elections
defined political law as the branch of public law, Law.
which deals with the organization and operations b. Necessity of the study of Political Law:
of the governmental organs of the State and i. Every citizen, regardless of calling, should
defines the relations of the State with the understand the mechanics and motivations of
inhabitants of its territory. his government. Why? Because sovereignty
ii. In Macariola VS Asuncion where certain resides in the people and all government
provisions of the Spanish Code of Commerce authority emanates from them.
were deemed to be abrogated because they ii. The success of the Republic of the Philippines
partake the nature of a political law because it will depend upon the active involvement of every
regulates the relationship between the Filipinos in public affairs.
government and certain public officers and c. Basis:
employees, like judges. i. The 1987 Constitution of the Philippines
2. Constitutional Law: ii. Pertinent statutes
i. Branch of public law that treats of constitution, iii. Executive Orders and decrees
their nature, formation, amendment, and iv. Juridical decisions
interpretation. v. Current Political events in which the purposes of
ii. It refers to the law embodied in the constitution the law are applied
and the principles growing out of the vi. The 1935 and 1973 constitutions which served
interpretation and application made by the as the working drafts of the present constitution
courts. vii. Constitution of the United and the ruling of its
iii. C.J. Hughes defines constitutional law as what Supreme Court
the judges say it is. 1. Some parts of the Constitution of the
1. It is a body of rules resulting from the Philippines was taken or in the words of
interpretation by a high court of a written J. Cruz Imported from the United States
constitutional instrument in the course of Constitution (E.g. Bill of rights).
disposing of cases in which the validity, in a. Imported provisions should be
relation to the constitutional instrument, of interpreted in the light of their
some act of governmental power has understanding in the country of
been challenged origin.
a. Scope: viii. Organic laws which are made to apply in the
Philippines

Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 1
 1. Philippine Bill of 1902 i. Serves as the supreme or fundamental law
2. Jone Law of 1916 1. It speaks for the entire people from whom
3. Tydings-McDuffie Law of 1934 it derives its claim to obedience
2. It is the law to which all other laws must
II. THE PHILIPPINE CONSTITUTION conform and in accordance with which all
private rights must be determined all
3. Constitution: public authority administered.
a. Definition: 3. Test of legality of all governmental
i. J. Miller defines constitution as a written actions, whether proceeding from the
instrument by which the fundamental powers of highest official or lowest functionary.
government are established, limited, and ii. Establishes basic framework and underlying
defined, and by which these powers are principles of government
distributed among several departments, for their 1. Grant and limits governmental authority
more safe and useful exercise for the benefit of 2. Prescribe the permanent framework of
the body politic. the system of government and to assign
ii. It is 1. The written instrument agreed upon by to the different departments or branches,
the people 2. As the absolute rule of action and their respective powers and duties, and to
decision for all departments and officers of the establish certain basic principles on which
government 3. In opposition to which any act or the government is founded.
rule of any department or officer of the 3. Set limits on the otherwise unlimited
government, or even the people themselves, will power of the legislature.
be altogether void. d. Classes of Constitutions:
1. It is THE SUPREME LAW OF THE As to their origin and history
LAND. Conventional or enacted Cumulative or evolved
b. Constitution VS Statute Formally struck off at a Result of political evolution,
Constitution Statute definite time and place not inaugurated at any
Legislation is direct from the Legislation from the following a conscious or specific time but changing by
people peoples representative deliberate effort taken by a accretion rather than by any
States general principle Provides the details of the constituent body or ruler systematic method
subject matter of which it As to their form
treats Written Unwritten
Intended not merely to meet Intended primarily to meet One whose precepts are Consists of rules which have
existing conditions existing conditions only embodied in one document or not been integrated into a
It is the fundamental law of It conforms to the set of documents single, concrete form but are
the state constitution scattered
c. Nature and Purpose As to the manner of amending them
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 Rigid or inelastic Flexible or elastic 1. Brief:
One which cannot be One which possesses no a. If a constitution is too detailed, it
amended or altered except by higher legal authority than would lose the advantage of a
some machinery more ordinary laws and which may fundamental law which in a few
cumbrous than the ordinary be altered in the same way as provisions outlines the structure of
legislative process other laws the government of the whole state
i. The Philippine Constitution may be classified as and the rights of the citizens.
a Conventional, Written, and Rigid constitution. 2. Broad:
It was drafted by an appointive body called a. Statement regarding 1. The
Constitutional Commission. powers and functions of
ii. Advantage of a conventional, rigid, and written government, and 2. The relations
constitution: between the governing body and
1. Permanence: It can resist capricious the governed requires that it be as
change dictated not by legitimate needs comprehensible as possible.
but only by passing fancies, temporary 3. Definite:
passions or occasional infatuations of the a. Any vagueness which may lead to
people with ideas or personalities. opposing interpretations of
a. Permanence of the constitution essential features may cause
also has disadvantages: incalculable harm.
i. It is unable to adjust to the f. Essential Parts of a Constitution
genuine need for change i. Constitution of Liberty:
brought about by new 1. Sets forth the fundamental civil and
conditions and political rights of the citizens and imposes
circumstances. limitations on the powers of the
ii. The difficulty in amending government as a means of securing the
DELAYS in effecting the enjoyment of those rights (E.g. bill of
needed change and thus rights)
cause irreparable injury to ii. Constitution of Government:
the public interest. 1. Outlines the organization of the
iii. The written constitution thus government, enumerates its powers, lays
become an impediment down certain rules relative to its
rather than a spur to administration and defines the electorate
progress. (E.g. Articles VI, VII, VIII, IX- Legislative
e. Requisites of a Good Written Constitution Dept., Executive Dept., Judicial Dept.,
i. As to form, a good written constitution should and Constitutional Commissions
be: respectively)

Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 3
 iii. Constitution of Sovereignty: Peoples initiative may May involve a rewriting of
1. Provisions pointing out the mode or propose amendments the whole constitution.
procedure in accordance with which (actually its the only thing
formal changes in the fundamental law they can propose) to the
may be brought about (E.g. Article XVII- constitution.
Amendments and Revisions) Only congress and the
4. Constitution of Sovereignty: Amendment or Revision of constitutional convention
the Constitution (Article XVII PC) can make revisions to the
a. Definition of amendment and revision: The case of constitution.
Lambino VS COMELEC1 distinguished the concepts of
amendments and revisions:
Amendments Revisions i. Two-Part Test: In California, where the initiative
Broadly refers to a change Broadly implies a change clause allowed amendments BUT NOT revisions
that adds, reduces, or that alters a basic to the constitutions just like in our constitution,
deletes without altering the principle in the courts have developed a TWO-PART TEST:
basic principle involved. constitution, like altering Quantitative Test Qualitative Test
the principle of separation Tests asks whether the Inquires into the qualitative
of powers or the system of proposed change is so effects of the proposed
checks-and-balances. extensive in its provisions change in the constitution.
as to change directly the
Envisages a change of There is a revision if the substantial entirety of the
SPECIFIC PROVISIONS change alters the constitution by the
ONLY. substantial provisions of deletion or alteration of
the constitution. numerous existing
Generally affects only the Generally affects the provisions.
specific provision being several provisions of the Court examines only the Main inquiry is whether the
amended. constitution. number of provisions change will accomplish
affected and does not such for reaching changes
consider the degree of in the nature of our basic
1
Facts: Petitioners Lambino, et. al. commenced gathering signatures for an initiative change. governmental plans as to
petition to change the 1987 constitution. Lambinos group filed a petition with the COMELEC amount to a revision.
to hold a plebiscite that will ratify their initiative petition through RA 6735. They further aver
that their petition complies with the constitutional requirements laid down in Sec. 2 Article 1. The two-part test applied in the case of
XVII of the constitution, as they have 6 million individuals supporting the foregoing petition. Lambino VS COMELEC:
In summary, the proposed changes of the Lambino Group intends to change the form of a. Under both the quantitative and
government from a bicameral-presidential form of government to unicameral-parliamentary
form of government. qualitative tests, the petition of
Issue: Does the proposed changes made by the Lambino group constitutes a revision or a
amendments.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 4
 Lambino is a REVISION and not i. Proposal: The 1987 constitution provides three
merely an amendment. ways of how to propose amendments or
i. Quantitatively: Lambinos revisions to the constitution: 1. Congress acting
group proposed changes as a Constituent Assembly and 2. Constitutional
overhauls two articles viz: Convention (Sec. 1 Article XVII), 3. Peoples
Articles VI and Article VII on Initiative (Sec. 2 Article XVII).
the legislative and executive 1. Congress acting as a constituent
braches of the government assembly:
respectively. Such change a. Section 1 (1) Article XVII of the
will affect a total of 105 Constitution provides that an
provisions in the entire amendment or revisions to the
constitution. constitution may be proposed by
ii. Qualitatively: The proposed the congress, upon a vote of three-
changes alter substantially fourths of all its members.
the basic plan of b. The congress of the Philippines is
government, from composed of two houses viz: the
presidential to Senate and the House of
parliamentary, and from a Representatives. Unlike the 1935
bicameral to a unicameral Constitution which particularly
legislature. An alteration in stated that both houses of
the structure of government congress had to come together in
constitutes a REVISION of joint session in order to propose
the constitution. Merging the amendments, the present
legislative and executive constitution is SILENT about both
branches is a radical houses of congress coming
change in the structure of together to propose
the government. amendments/revision in the
2. Thus, because said proposed changes in constitution.
the constitutes A REVISION OF THE c. It has been opined that, what is
CONSTITUTION, the initiative made by essential is that BOTH HOUSE
the Lambino Group shall fail because VOTE SEPARATELY. Why?
under Section 2 Article XVII of the Because the power to propose
constitution, provides that the people amendments is given not to a
through initiative can only propose unicameral body but to a bicameral
AMENDMENTS in the constitution. body.
b. Steps in the Amendatory Process

Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 5
 i. The meaning of a 1. The Congress may,
constitutional command can by a 2/3 votes of all
also be drawn from the its members2
known governmental 2. The Congress may,
structure set up by the by a majority vote of
constitution. all its Members,
d. In effect, the congress acting as a submit to the
constituent assembly upon a vote electorate the
of three-fourths of all its members question of calling
voting separately may propose such a convention.
changes in the constitution. ii. Thereafter, the same
i. Assuming arguendo, that Congress, acting this time
there are 300 members of as a legislative body (or in
the House of accordance with the
Representatives and that ordinary legislative
there are 24 Senators in the process), may pass the
Senate and that of the necessary implementing law
members of the HOR is 225 providing for the details of
and that of the members the Constitutional
of the senate is 8, 233 Convention- number,
members of the congress is qualifications, and
needed to enact proposed compensation of its
changes in the members.
constitutions. iii. The constitution granted
2. Constitutional Convention: A body for the to the Congress acting as
express purpose of framing a constitution, a constituent assembly
or revising the existing constitution, or plenary authority to call a
formulating amendments to it for the constitutional convention,
approval of the electorate. which includes by virtue of
a. How a Constitutional Convention is the doctrine of necessary
formed? implication, all other powers
i. Sec. 3 of Art. XVII provides essential to the effective
that a constitutional exercise of the principal
convention may be called
by:
2
Acting as a constitutional convention refer to (III) or to Imbong VS COMELEC
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 6
 power by necessary 3. Peoples Initiative: Method whereby the
3
implication . people themselves can directly propose
iv. Implementing details are amendments to the constitution.
within the authority of a. Requirements:
Congress not only as a i. There must be a petition,
Constituent Assembly but 1. This petition is a
also in the exercise of its petition to propose
comprehensive legislative changes in the
power4. constitution through
v. Congress as a legislative peoples initiative.
body may thus enact ii. Full text of the proposed
necessary implementing changes must be in the
legislation TO FILL IN THE petition itself and it may be
GAPS WHICH CONGRESS either written on the face of
AS A CONSTITUTIONAL the petition, or attached to
ASSEMBLY OMMITTED5. it7.
vi. Q: How many delegates iii. Petition must be signed by
does a constitutional at least 12% of the total
convention have? number of registered voters,
1. A: There is no fix of which every legislative
number in the districts must be
number of delegates represented by at least 3%
in a constitutional of the registered voters
convention. In therein.
Imbong VS 1. Legislative District
COMELEC, the means geographical
Supreme Court held area wherein it is
that the number of represented by one
delegates in the Con- member of the
Con is to be House of
determined by the Representative.
Congress6.
delegates should be apportioned among the existing representative districts according to
3
Imbong VS COMELEC the number of their respective inhabitants, BUT fixing a minimum of at least 2 delegates for
4
Ibid a representative district. Thereafter, congress acting as a legislative body then enacted R.A.
5
Ibid 6132 implemented the intent of congress acting as a constituent assembly expressed in
6
In the same case, Congress acting as a constituent assembly passed Resolution no. 4 Sec. 1 of Res. No. 4.
7
which amended an earlier resolution passed by the same body, and provided that 320 Refer to Lambino VS COMELEC Supra
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 7
 iv. There must be an enabling terms and conditions
law8. insofar as initiative
1. Law that congress on amendments to
has to pass in order the constitution is
to enable or concerned. While the
implement a Act provides subtitles
provision of the for initiative on
constitution which is national laws and
not self-executory. local laws, no subtitle
2. The initiative clause is provided for
of the constitution initiative on national
needs an enabling laws and local laws,
law because the 2nd NO SUBTITLE IS
paragraph of Sec. 2 PROVIDED FOR
of Art. XVII the INITIATIVE ON THE
congress shall CONSTITUTION.
provide for the The silence of the
implementation of the law vis--vis the said
exercise of this right. subject simply means
3. Lambino stated that that the main thrust
R.A. 6735 or the of the act is initiative
Initiative and and referendum on
Referendum Act is NATIONAL AND
an enabling that LOCAL LAWS
would satisfy the ONLY.
requirement in Par. 2 v. Peoples initiative may be
of Sec 2 Art. XVII. exercised by the people
4. However, in the case once every five years.
of Santiago VS vi. The petition must be signed
COMELEC, the personally by the people.
Supreme Court Held vii. It shall cover ONLY
that RA 6735 is AMENDMENTS and NOT
incomplete, REVISIONS.
inadequate and ii. Ratification: Section 4 of Article XVII provides for
wanting in essential the manners of ratification of any proposed
amendments or revisions to the constitution:
8
Section 2 Article XVII (PC). Refer also to Defensor-Santiago VS COMELEC
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 1. For those made under Sec. 1 express their will in a
a. Ratified by a majority of the votes genuine manner9
cast in a plebiscite. ii. J. Reyes and J. Sanchez
b. Plebiscite shall be scheduled not dissents to the opinion that
earlier than 60 days nor later than of the majority of the court
90 AFTER THE APPROVAL OF that amendments to the
SUCH AMENDMENT OR constitution can be
REVISION. submitted to the people for
2. For those made under Sec. 2 ratification in a general
a. Ratified by a majority of the votes election. It obviously shows
cast in a plebiscite. that both magistrates
b. Plebiscite shall be held not earlier believed that the election
than 60 days nor later than 90 referred to in the
days AFTER THE constitution is a special
CERTIFICATION BY THE election. They opined that
COMELEC OF THE holding a plebiscite in the
SUFFICIENCY OF PETITIONS. same day of the election will
3. The time set for waiting before a divert the attention of the
plebiscite can be held is intended to give people from the
to the electorate ample time to study the amendments to other
proposed constitutional changes and to matters such as choosing
avoid allowing the proposed changes to the local and national
become stale. officials. Furthermore, they
4. Doctrine of Proper Submission: believe that the people
a. Gonzales VS COMELEC wont be able to devote an
i. Plebiscite may be held on undivided attention to the
the same day as regular subject that they should
election, provided that the focus on, that is, the
people are sufficiently
informed of the
amendments to be voted
upon, to conscientiously 9
In the same case, the court held: There is in this provision nothing to indicate that the
deliberate thereon, to "election" therein referred to is a "special", not a general, election. The circumstance that
three previous amendments to the Constitution had been submitted to the people for
ratification in special elections merely shows that Congress deemed it best to do so under
the circumstances then obtaining. It does not negate its authority to submit proposed
amendments for ratification in general elections.

Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 9
 amendments in the promulgated by the datu or a council of
constitution. elders.
b. Tolentino VS COMELEC ii. Spanish Era
i. There should be NO 1. Discovery of the Philippines by Magellan
PIECEMEAL SUBMISSION in 1521 brought the people of the territory
OF VOTES. All under the common rule of Spain, which
amendments must be lasted for more than 300 years.
submitted for ratification at 2. Because of the abuses of both the
one plebiscite only because government and the friars, sense of unity
the people have to be given among the people gradually developed.
a proper frame of reference And Rizal, with the other propagandists
in arriving at their would later ignite the spirit of nationalism
10
decision . that was to fuel the Philippine Revolution.
c. Judicial Review of Amendments 3. Andrs Bonifacio started the Philippine
i. Question of the adoption of amendments to the Revolution, and the same was won under
constitution is regarded now as subject to the able generalship of Emilio Aguinaldo.
judicial review. This led to the proclamation of Philippine
ii. The court can now inquire whether or not the Independence in June 12 1898.
prescribed procedure for amendment has been 4. On 21 January 1899, the First Philippine
observed. Republic was established with Aguinaldo
iii. The judiciary may declare invalid a proposal: as the president.
1. adopted by less than of the members a. The Malolos Constitution was also
of the Congress, enacted.
2. a call for a constitutional convention by i. Established a free and
less than 2/3 of the legislature democratic Philippine
3. ratification made by less than a majority Republic.
of the votes cast ii. The first democratic
4. Plebiscite irregularly held. constitution ever to be
d. Constitutional History: promulgated in the whole of
i. Pre-Colonial Era Asia.
1. Inhabitants of the Philippines consisted of iii. American Regime
disparate tribes who were then scattered 1. On December 10 1898, the United States
throughout its more than 7000 islands. and the Spain signed the treaty of Paris.
2. These tribes were generally free and Said treaty provided for the cession of the
were each governed by a system of laws Philippine Islands by Spain to the United
States.
10

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 2. Upon the resistance of the Filipinos to the Howard Taft as the first
new threat to their freedom, they fought Governor.
with the Americans in the Philippine- d. Philippine Bill of 1902:
American War. However, they lost the i. The Philippine Assembly
foregoing war, thereby leading to the was created in 1907 to sit
colonization of our country. with the Philippine
3. The Americans first organized a military Commission in a Bicameral
government. However, the consolidation Legislature.
of the executive, legislative, and judicial e. Jones Law / Philippine Autonomy
authority to the military governor Act of 1916:
provoked protests from American i. Established a Philippine
libertarians who are concerned with the Legislature consisting of a
non-observance of the doctrine of Senate and a House of
separation of powers. They then took Representatives.
steps to make a transition from military to f. Tydings-McDuffie Act:
civilian rule. i. Authorised the
4. They made the following steps: establishment of the
a. Schurman Commission / First Commonwealth of the
Philippine Commission: Philippines.
i. Made a fact-finding survey ii. Formed a Constitutional
of the Philippine Islands and Convention that framed the
submit appropriate 1935 Consitution.
recommendations to the US iii. This act promised
Congress. independence to the
b. Taft Commission / Second Filipinos if they could prove
Philippine Commission: their capacity for democratic
i. Took over all the legislative government during a ten-
powers and some of the year transition period.
executive and judicial 5. After the war with Japan, the Philippines
powers of the military was able to demonstrate its competence
governor. and capacity for a democratic
c. Spooner Amendment of 4 July government. Hence on 4 July 1946, the
1901: United States formally withdrew its
i. Civil government was sovereignty over the Philippines
established in the iv. The Republic of the Philippines:
Philippines with William

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 1. Manuel Roxas was elected as the 5th majority of the people and had thus
president of the Philippines. When the become effective.
United States ceded its sovereignty over 7. On January 17, 1981, President Marcos
the Philippines, President Roxas asserted issued Proclamation No. 2045 which lifted
the freedom of the Philippines and Marital Law.
proclaimed the Republic of the 8. On February 22, 1986, Defense Minister
Philippines. JPE and General FVR started what was
2. In the course of the Philippines known as the people power. This led to
independence, many events led to the the ouster of President Marcos and the
deterioration of the countrys condition. coming to power of President Aquino.
These deterioration was caused the a. One of the first acts of President
peoples pent-up resentments which led Aquino was the promulgation of a
to demonstrations or the so-called provisional or Freedom
parliament of the streets organized by Constitution which will be in force
student groups. pending the adoption of a new
3. Because of these unrest, the constitution.
Constitutional Convention of 1971 b. She then created a constitutional
convoked and started deliberations on the commission headed by J. Cecilia
revision of the 1935 Constitution and the Muoz-Palma that will draft the
fashioning of the 1973 Constitution. 1987 constitution.
4. With the intensification of subversive c. A majority of about 16 million
movements by communist-oriented people voted in favor of the
groups, President Marcos issued constitution. Pursuant to the new
Proclamation 1081, placing the entire constitution, an election was held
nation under martial law. for the revived congress of the
5. On November 30 1972, the draft of the Philippines and those for some
1973 constitution was formally approved local offices.
by the constitutional convention, and i. The rest of the government
during the series of meetings held on underwent changes
January 1973, was submitted to the conformably to the changes
Citizens Assemblies for Ratification. prescribed by the new new
6. On January 17, 1973, President Marcos fundamental law.
issued Proclamation 1102 which d. In the general elections of May
announced that the Constitution of 1973 1992, general elections for the
has been ratified by an overwhelming President and Vice President, the
Senate, and all the members of the

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 HOR was held. FVR was then
elected as the president and
Joseph Estrada as the Vice
Presidnet.
e. In 1998, Joseph Estrada was
elected president of the Republic.
But in 2001, he was ousted to the
presidency anent to some
corruption charges
f. On January 20, 2001, after a
massive people power
demonstration at EDSA, Vice
President Gloria Macapagal-
Arroyo took the oath as the
constitutional successor
Estrada.
e. The Supremacy of the Constitution:
i. Constitution is the basic and paramount law to
which all other laws must conform and to which
all persons, including the highest officials of the
land, must defer.
ii. Right or wrong, the Constitution must be upheld
as long as it has not been changed by the
sovereign people lest its disregard result in
usurpation of the majesty of law by the
pretenders to the illegitimate power.
III. CONCEPT OF THE STATE
1. Definitions
a. State VS Nation
State Nation
State is a community of A people bound together by
persons, more or less common attractions and
numerous, permanently repulsions into a living
occupying a fixed territory, organism possessed of a
and possessed of an common pulse, a common
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
independent government intelligence and inspiration,
organized for political ends and destined apparently to
to which the great body of have a common history and
inhabitants render habitual a common fate.
obedience.
Political concept Racial concept
Not subject to external May or may not be
control independent of external
control
May consist of one or more May be made up of several
nations or peoples states
2. Elements
iii. People:
1. A community of persons sufficient in
of number and capable of maintaining the
continued existence of the community
and held together by a common bond of
law. (See discussion in Nachura)
2. The inhabitants of the State.
3. People must be numerous enough to be
self-sufficing and to defend themselves
AND Small enough to be easily
administered and sustained.
4. People must come from both sexes to be
able to perpetuate themselves.
iv. Territory:
1. A fixed portion of the surface of the earth
inhabited by the people of the State.
2. Territory must not be too big as to be
difficult to administer and defend
3. Territory must not be too small as to be
unable to provide for the needs of the
population.
4. Components of territory:
a. Terrestrial domain
b. Maritime domain
13
 c. Aerial domain
National Territory (Refer to Art. 1 of the 1987 PC)
1. Necessity of constitutional provision on National
Territory:
Binding force of such provision under international law;
Value of provision defining our national territory;
Acquisition of other territories;
Deliberations in the constitutional convention that drafted
the 1973 Constitution is enlightening as to why is there a
need to define the national territory in the constitution:
o Delegates Roco and Nolledo reiterated that a
definition of the national territory is necessary for the
preservation of our national wealth, for national
security, and as a manifestation of our solidarity as a
people.
o Delegate Quintero made three points on why it is
important to define the national territory in the
constitution: 1. Territorial assertions in R.A. 3046 were
couched merely in whereas clauses, and that these
clauses should be expressed in more authoritative
fashion; 2. Deleting the entire article on national
territory would leave the status of Batanes in doubt; 3.
It will cure the defects of the 1935 constitution to
express the possibility of future territorial acquisitions
by the Philippines.
2. Philippine Territory:
A. The Philippine Archipelago
Q: What is an Archipelago?
A: A unit of water studded with islands. This means that
the land area is everything that comes within the water
area.
NB: In the deliberations of the constitutional convention
that 1973 constitution, Del. Roseller Lim from Zamboanga
asked where this archipelago was. Committee Chairman
Quintero answered that IT WAS THE AREA
DELINEATED IN THE TREATY OF PARIS.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
B. All other territories over which the Philippines has
sovereignty or jurisdiction
This particular portion of Art. 2 is an old and revised
provision that was formulated since the 1935
Constitution. This meant to include the islands
Batanes, Marianas and Freedom Island (To which
the Philippines has claims by historical rights),
Sabah, and among others.
C. Territorial Sea
Consists of a marginal belt of maritime waters
adjacent to the base lines extending 12 nautical
miles outward. Outside the territorial sea are the high
seas.
The traditional length of the territorial waters
measured seawards, according to the canon-shot
rule of 1902 was 3 miles11. However, modern law,
now recognizes 12 nautical miles.
Two methods for fixing the baseline from which the
territorial belt is measured seawards:
o Normal Baseline Method: Breadth of the
territorial sea is measured from the low water-
line, following the indentations of the coast.
o Straight Baseline Method: Straight lines
connecting appropriate points on the coast,
without departing to any appreciable extend
from the general direction of the coast.
D. Internal Waters and the Archipelagic Doctrine
The waters around, between and connecting the
islands of the archipelago, irrespective of their breadth
and dimensions, for part of the internal waters of the
Philippines
o This together with the straight baseline method
11 th
Effective range of 18 century defensive shore batteries.
14
 for the ARCHIPELAGIC DOCTRINE
Internal Water: Consist of all parts of the sea
landwards from the baseline as well as inland rivers
and lakes
E. the airspace, the sub-soil, the sea-bed, the insular
shelves and the other submarines areas.
Provision on Airspace:
This provision on airspace was based on the
provisions of articles 1 and 2 of the Convention on
International Civil Aviation, which stated that the
state has exclusive sovereignty over the airspace
above its territory.
Sovereignty over air space extends only until where
outer space begins.
But the real range or extent of the airspace is not
yet identified.
Provision on the sea-bed and sub-soil
Based on Art. 2 Sec 1 of the Convention on the
Territorial Sea and Contiguous Zone.
Said convention allows a coastal state to exercise
control over the contiguous zone, which is a part of
high seas.
Determinations to the extent of the Philippines
territorial airspace vis--vis its air space, sub-soil, sea-
bed, the insular or continental shelves and other
submarine areas are left to other modes than by
constitutional precepts.
F. Archipelago and archipelagic state
Archipelagic State: A stated constituted wholly by
one or more archipelagos and may include other
islands.
Archipelago: Means a group of islands, including
parts of islands, interconnecting waters and other
natural features which are so closely interrelated that
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
such islands, waters and other natural features form
an intrinsic geographical, economic and political
entity, or which historically have been regarded as
such.
G. Territorial Sea
Consists of marginal belt of maritime waters adjacent
to the base lines extending 12 nautical miles
outward 12 . Outside the territorial sea are the high
seas.
Traditional length of the territorial waters measured
seawards, according to the canon-shot rule of 1702-
3 miles.
H. Baselines
The low-water line along the coast as marked on
large-scale charts officially recognized by coastal
state.
2 ways of drawing the baseline:
Normal baseline: One drawn following the low-
water line along the coast as marked on large-
scale charts officially recognized by the coastal
state.
Straight baselines: Connect the outermost points
of our archipelago with straight baselines and
consider all the waters enclosed hereby as
internal waters.
This makes the Philippines an
archipelago. The entire archipelago is
regarded as one integrated unit instead of
being fragmented into so many thousand
islands.
I. Archipelagic waters
12
Basis is the 1982 Convention on the Law of the Sea
15
 Waters around, between and connecting the islands of 1. The agency of the or instrumentality
the archipelago, irrespective of their breadth and through which the will of the State is
dimensions, form part of the internal waters of the formulated, expressed and realized.
Philippines. 2. Government VS State:
Internal Waters: Internal or inland waters consist of all Government State
parts of the sea landwards from the baseline as well as Agent Principal
inland rivers and lakes. Possible to exist without a state. Cannot exist without a
Not a subject to the right of innocent passage by other government
states. Government may change, its As long as its essential requisites
form may change are present, it remains the same.
J. Insular shelf 3. Government VS Administration
Seabed and subsoil of the areas adjacent to the coastal Government Administration
state but outside the territorial sea, to a depth of two Institution through which the Consists of people running the
hundred meters. state exercises its power institution
Seabed and subsoil of areas adjacent to islands. More or less permanent. MORE Temporary in nature.
OR LESS because it not
Summary of Philippine Territory according to Commissioner Adolfo temporary per se because it can
Azcuna: also change when the
Terrestrial Domain: Includes all surfaces of lands above constitution is changed thru
the sea that belongs to the Philippines. revision.
Fluvial Domain: Includes the inland waters (E.g. Bays, and More specific than a government.
river, streams, the sea landwards from the baselines). Means that the administration is
Aerial Domain: Air directly above its terrestrial. All the air the entity that execute the will,
that lies above the land and water territory is PH territory. power, and duties, functions of
All the way up to the outer space, there is no more air. the government.
Territorial Sea: Margin or belt of maritime waters adjacent 3. Government VS Administration
to our base lines up to the extent of 12 nautical miles. Government Administration
It is a belt surrounding our base lines seaward. Institution through which the Consists of people running the
Seabed: Below the territorial sea. Also PH territory. state exercises power institution
Continental Shelf: Submarine area that is directly under More or less permanent. MORE Temporary in nature.
the water beyond the territorial sea up to the edge of the OR LESS BECAUSE it can also
continental margin, regardless of the depth of the be changed if the constitution is
superjacent waters. changed thru revision
More specific than a
v. Government: government. Means that the
administration is the entity that
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 16
 execute the will, power, and
duties, and functions of the
government.
4. Government of the Republic of the
Philippines: Refers to the Corporate
governmental entity through which the
functions of the government are
exercised throughout the Philippines,
including, save as the contrary appears
from the context, the various arms
through which political authority is made
effective in the Philippines whether
pertaining to the autonomous regions, the
provincial city, municipal or barangay
subdivisions or other forms of local
government.
Functions of the Government
In the case of Fontanilla VS Maliaman, the Supreme Court
recognized that the functions of government have been classified
into Constituent/Governmental and Ministrant/Proprietary. The
former involves the exercise of sovereignty and considered as
compulsory. The latter connotes merely the exercise of proprietary
functions and thus considered as optional.
Governmental: Constitute the very bonds of society and are
therefore compulsory. MANDATORY FOR THE
GOVERNMENT TO PERFORM.
Woodrow Wilsons enumeration of the constituent function of
government:
Keeping of order and providing for protection of
persons and property from violence and robbery.
Fixing of the legal relations between man and wife and
between parents and children.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
Regulation of the holding, transmission, and
interchange of property, and the determination of its
liabilities for debt.
Definition and unison net of a crime
Administration of justice in civil cases
Determination of the political duties, privileges, and
relations of citizens.
Proprietary: Those undertaken to advance the general
interests of society, such as public works, public charity, and
regulation of trade and industry. THEY ARE THOSE THAT
ARE UNDERTAKEN ONLY BY WAY OF ADVANCING THE
GENERAL INTERESTS OF SOCIETY, AND MERELY
OPTIONAL.
Commercial or universal banking is, ideally, not a
governmental but a private sector endeavor. It is an optional
function of government (Romualdez-Yap VS CSC).
In the case of Romualdez-Yap VS CSC, the Court held that
the principles determining whether or not a government shall
exercise certain of these optional functions are: 1. That a
government should do for the public welfare those things
which private capital would not naturally undertake, and 2.
That a government should do those things for the public
welfare than in any private individual or group of individuals.
In the case of PVTA VS CIR, the Supreme Court held that the
twofold functions of the government, is now obsolete. The
justification given by the court:
Growing complexities of modern society have rendered
the traditional classification of the functions of
government quite unrealistic, not to say obsolete.
The areas which used to be left to private enterprise
and initiative and which the government was called
upon to enter optionally, and only because it was better
equipped to administer for the public welfare continue
to lose their well-defined boundaries and to be
17
 absorbed within activities that the government must
undertake in its sovereign capacity if it is to meet the
increasing social challenges of the times.
Here of course this development was envisioned,
indeed adopted as a national policy, by the Constitution
itself in its declaration of principle concerning the
promotion of social justice.
The blur in the division of the function of government is
reiterated by the Supreme Court in the case of Philippine
Association of Coconut Desiccators VS PCA. In this case, the
Supreme Court held that although the present constitution
enshrines free enterprise as a policy, it nonetheless reserves
to the government THE POWER TO INTERVENE
WHENEVER NECESSARY TO PROMOTE THE GENERAL
WELFARE.
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall
have the right to own, establish, and operate economic
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common
good so demands.
Amidst said decision of the Supreme Court, the twofold
functions of the government still has relevance in determining
whether the government can be sued or not. In determining
the suability of a state agency or corporation it is necessary to
determine if said agency is performing a governmental or
proprietary function.
Doctrine of Parens Patriae
Literally parent of the people. One of the important tasks of
the government is to act for the state as parens patriae, or
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
guardian of the rights of the people.
In the case of the Government of P.I. VS Monte de Piedad13.,
the Supreme Court explained the concept of parens patriae. It
held that the prerogative of parens patriae is inherent in the
lodged supreme power of every state, whether that power is
lodged in a royal person or in the legislature.
Has no affinity to those arbitrary powers which are
sometimes exerted by irresponsible monarchs to the
great detriment of the people and the destruction of
their liberties.
It is most beneficient function, and often necessary to
be exercised in the interest of humanity, and for the
prevention of injury to those who cannot protect
themselves
The doctrine of parens patriae was also appreciated in the
case of Cabaas VS Pilapil. In the said case, the Supreme
Court held 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 interest14.
De Jure and De Facto Government
Regardless of their forms and on the basis of legitimacy,
governments are either de jure of de facto.
De Jure government: Has a rightful title but no power or
control, either because this has been withdrawn from it or
13
In the case of Government of P.I. VS Monte de Piedad, contributions were collected
during the Spanish regime for the relief of the victims of an earthquake but part of the
money was never distributed and instead deposited with the defendant bank. When the
government filed an action for recovery, the defendant questioned the competence of the
plaintiff, contending that the suit could be instituted only by the intended beneficiaries
themselves OR BY THEIR HEIRS. The Supreme Court subsequently rejected this view and
upheld that the government has the right to file the case for the state as parens patriae in
representation of the legitimate claimants.
14
In this case, the government acting for the State as parens patriae chose the mother of an
illegitimate child as against his uncle to be the trustee of the insurance proceeds left him by
his father, who had expressly designated the uncle.
18
 because it has not yet actually entered into the exercise
thereof.
In Lawyers League for a Better Philippines VS
President Corazon Aquino, et. al., the Supreme Court
held that the Government of Corazon Aquino was a de
jure government because the people have accepted
said government which is in effective control of the
entire country. Not to mention that the community of
Nations has recognized the legitimacy of the
government of President Aquino.
Same was held in the case of In Re: Saturnino V.
Bermudez where the court in answering the question
raised by petitioner on who was the president and vice
president being referred to in Sec. 7 of Art. XVIII,
reiterated its resolution in Lawyers League for a Better
Philippines VS Aquino wherein it held that there is no
doubt that the president and vice president being
referred to in said provision of the 1987 constitution
was no other than President Aquino and Vice President
Laurel respectively. The people themselves made the
judgment in this political question, and they have
accepted the government of President Aquino which is
in effective control of the entire country so that it is not
merely a de facto government but a de jure
government.
De Facto government: A government of fact, that is, it actually
exercises power or control but without legal title.
In the case of Co Kim Chan VS Valdez Tan Keh, the
Supreme Court held that there are three kinds of de
facto government:
De Facto Proper: de facto in a proper legal
sense that gets possession and control of, or
usurps, by force or by the voice of the majority,
the rightful legal government and maintains itself
against the will of the latter.
Government of Paramount Forces: A de facto
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
Government which 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.
Has 2 characteristics: 1) Its existence is
maintained by active military power
within the territories and against the
rightful authority of an established and
lawful government. 2.) While it exists it
must necessarily be obeyed in civil
matters by private citizens who, by acts
of obedience rendered in submission to
force, do not become responsible, as
wrongdoers, for those acts, though not
warranted by the laws of the rightful
government.
Independent Government: A de facto
Government that is established as an
independent government by the inhabitants of a
country who rise in insurrection against the
parent state.
Said case also concluded that the Philippine Executive
Commission was a civil government established by
military forces or occupation and therefore a de facto
government of the second kind. As Halleck says, the
government established over an enemys territory
during the military occupation may exercise all the
powers given by the laws of war to the conqueror over
the conquered, and is subject to all restrictions which
that code imposes. It is of little consequence whether
such government be called a military or civil
government. Its character is the same and the source
of its authority the same. In either case, it is a
government imposed of suck territory or the rest of the
world, those laws alone determine the legality or
19
 illegality of its acts. own government, and not according to those of the
government, and not according to those of the
Sovereignty government ceding it. In this case, the court held that
lesse majeste is a political law because it is a law that
The supreme and uncontrollable power inherent in a State by regulates the relationship of the people with some
which that State is governed. minister of the crown, i.e. the senators of the Philippine
Kinds: Islands.
Legal Political The same was the decision of the court in the case of
Power to issue final The sum total of all the Macariola VS Asuncion, wherein the Supreme Court, in
commands influences which lie behind the dismissing a complaint against Respondent Judge
law. Asuncion for allegedly violating the provisions of Article
14 of the Spanish Code of Commerce which prohibits
Internal External judges from engaging in commerce, held that Article 14
Supreme power over Also known as independence, of the Code of Commerce is already abrogated by the
everything within its territory which is freedom from external change of sovereignty because said provision of the
control. foregoing code is political in nature. In addition, the
Characteristics (PECAIII): court held that where there is a change of sovereignty,
the political laws of the former sovereign, whether
Permanence
compatible or not with those of the new sovereign, are
Exclusiveness
automatically abrogated, UNLESS THEY ARE
Comprehensiveness EXPRESSLY RE-ENACTED BY AFFIRMATIVE ACT
Absoluteness OF THE NEW LAW.
Indivisibility ON MUNICIPAL LAWS: In Vilas VS Municipality of
Inalienability Manila, the United States Supreme Court, stated that
Imprescriptibility while there is a total abrogation of the former politica
Effects of change in sovereignty relations of inhabitants of ceded territory, and an
ON POLITICAL LAWS: In the case of People VS abrogation of laws in conflict with the political character
Perfecto, the court held that the political laws in force of the substituted sovereign, THE GREAT BODY OF
during the Spanish regime are abrogated when Spain MUNICIPAL LAW REGULATING PRIVATE AND
ceded the Philippines to the United States because it is DOMESTIC RIGHTS CONTINUES IN FORCE UNTIL
inconsistent with democratic principles of government. ABROGATED OR CHANGED BY THE NEW RULER.
Not to mention that it is a general principle of public law Effects of belligerent occupation
that on acquisition of territory the previous political No change in sovereignty.
relations of the ceded region are totally abrogated. But in Laurel VS Misa, the court held that politicsl lsed,
Every nation, acquiring territory, by treaty or otherwise, except the law on treason, are suspended. Municipal
must hold it subject to the constitution and laws of its laws remain in force UNLESS REPEALED BY THE
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 20
 BELLIGERENT OCCUPANT.
At the end of the belligerent occupation, when the
occupant is ousted from the territory, the political laws
which had been suspended during the occupation shall
automatically become effective again, under the
doctrine of JUS POSTLIMINIUM.
Jus Postliminum: When a property taken by the
enemy is either recaptured or rescued from him,
by the fellow subjects or allies of the original
power, it does not become the property of the
recaptor or rescuer, as if it had been a new prize,
but it is restored to the original owner by right of
postliminy, upon certain terms.
Dominium VS Imperium
Dominium Imperium
Refers to the capacity to The authority possessed by
own or acquire property, the State embraced in the
including lands held by the concept of sovereignty.
state in its proprietary
capacity.
Jurisdiction:
Territorial: Power of the State over persons and
things within its territory.
Exceptions:
Foreign states (Heads of states,
diplomatic representatives)
Foreign state property (Embassies,
consulates, and public vessels engaged in
non-commercial activities)
Acts of state
Foreign merchant vessels exercising
rights of innocent passage
Foreign armies passing through or
stationed in its territory with its permission.
Personal: The power of the State over its
nationals, which may be exercised by the State
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
even if the individual is outside the territory of the
State.
Extraterritorial: Power exercised by the State
beyond its territory in the following cases:
Assertion of its personal jurisdiction over its
nationals abroad,
By virtue of its relations with other states or
territories, as when it establishes a colonial
protectorate, or a condominium, or
administers a trust territory
When the local state waives its jurisdiction
over persons and things within its territory,
as when a foreign army stationed therein
remains under the jurisdiction of the
sending state
By the principle of extraterritoriality, as
illustrated by the immunities of the head of
state in a foreign country.
5. Act of State: An act done by the sovereign
power of a country, or by its delegate,
within the limits of the power vested in
him. It cannot be questioned or made the
subject of legal proceedings in a court of
law. (E.g. The president, in the exercise of
its diplomatic power, extends recognition
to a newly established foreign state or
government).
IV. The Doctrine of State Immunity from Suit
Constitutional Provision (Sec. 3 Article XVI PC): The state may
not be sued without its consent.
1. Stages in the suit against the state:
a. Suability
b. Liability
21
 c. Determination whether or not the aggrieved party is
entitled for
2. Doctrine of State Immunity from Suit: The state as well as its
government is immune from suit UNLESS IT GIVES ITS
CONSENT. In the case of D.A. VS NLRC, the doctrine of
state immunity was also referred to as the royal prerogative
of dishonesty because it grants the state the prerogative to
defeat any legitimate claim against it by simply invoking its
non-suability.
3. Basis:
d. In Republic VS Villasor15, the Supreme Court said that
the reason or the basis behind the doctrine is that
THERE CAN BE NO LEGAL RIGHT AS AGAINST
THE AUTHORITY THAT MAKES THE LAW ON
WHICH THE RIGHT DEPENDS.
e. The demands and inconveniences of litigation will
divert the time and resources of the State from the
more pressing matters demanding its attention to the
prejudice of the public welfare.
4. Same immunity is likewise enjoyed by other States. This is in
consonance with the PIL Principle of par in parem non habet
imperium (equals do not have authority over one another).
a. The states diplomatic agents, including consuls to a
certain extent, are also exempt from jurisdiction of local
courts and administrative tribunals.
b. The United Nations, as well as its organs and
specialized agencies are likewise beyond the
jurisdiction of local courts.
c. Even other international organizations or international
agencies may be immune from the jurisdiction of local
courts and local administrative tribunals.
15
F: In this case, the Supreme Court granted the petition of petitioner Republic of the
Philippines to nullify and set-aside the decision rendered by Respondent Judge Villasor,
ordering for the execution of the decision granting, P.J. Kiener Co. Ltd., Gavino Unchuan,
and ICC the arbitration award amounting to Php 1,712,396.40. The aforementioned amount
will be taken from the funds of the AFP. I: 1.) Whether or not the suit is against the state. 2.)
Whether or not the funds of the AFP can be garnished.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
NB: As was held in the case of Holy See VS Rosario16, the
court held that by virtue of the principles of PIL, when a
state or international agency wishes to plead sovereign or
diplomatic immunity in a foreign court, it requests the
Foreign Office of the State where it is sued to convey to
the court that said defendant is entitled to immunity. In the
Philippines, the practice is for the foreign government or
I.O. to first secure an executive endorsement of its claim of
sovereign or diplomatic immunity. In this case, the DFA,
through the OLA moved to be allowed to intervene on the
side of petitioner. The court on the other hand allowed the
said department to file its memorandum in support of
petitioners claim of sovereign immunity.
5. Test whether to determine if suit is against the State: There
must be an AFFIRMATIVE ACT FROM THE STATE TO
SATISFY THE JUDGMENT. In the case of Sanders VS
Veridiano17, the Supreme Court held that even if in case the
16
The Holy See owns a lot in Paraaque and they sold it to 2 buyers who then assigned
rights to the sale to Rosario. In the agreement that ensued between the Holy See and the
buyers, the Holy See stated that they will provide for the clearing of the land that was then
filled with informal settlers. However, such did not happen. Subsequently, a dispute arose
as to who should clear the parcels of land. Respondent then filed a complaint for the
annulment of the sale, but the DFA intervened and said it had a legal interest in the outcome
of the case as regards the diplomatic immunity of the petitioner. Petitioner in this case avers
that the respondent trial court has no jurisdiction over petitioner, being a foreign state
enjoying sovereign immunity. On the other hand, private respondent insists that the doctrine
of non-suability is not absolute because the petitioner has divested itself of such a cloak
when of its own free will, it entered into a commercial transaction for the sale of a parcel of
land located in the Philippines.
17
Sanders and Moreau were both ranking officials of the U.S. Navy stationed in the
Philippines. Respondents Rossi and Wyers, both American Citizens were employed as
gamerooms in the special services division of the NAVSTA. Sometime in October 1975,
Rosi and Wyers were advised that their employment had been converted from permanent-
full time to permanent part-time. Apparently, respondents instituted a grievance proceeding.
Subsequently, the hearing officers rendered a judgment in favor of respondent, ordering for
the reinstatement of the permanent-full time status of the petitioners. However, in a letter
sent by Sanders to Moreau, the former disagreed to the decision of the Hearing Officer.
After said letters were exchanged, Respondent filed a claim for damages, saying that said
letters contained libelous accusations that exposed respondents to ridicule and caused
them mental anguish, and maintained that petitioners were being sued in their personal
capacity. Petitioners however maintained that the acts complained of were performed in the
discharge of their official duties.
22
 petitioners are entitled to damages, such award will have to
be satisfied not by the petitioners in their personal capacities
but by the United States government as their principal. It held
that SUCH WILL REQUIRE THE GOVERNMENT TO
PERFORM AN AFFIRMATIVE ACT TO SATISFY
JUDGMENT
o Affirmative Act: Appropriations of the necessary
amount to cover the damages awarded, thus making
the action a suit against that government without its
consent.
o Test of suit against the state is the same whether the
suit is against government officers or a state agency is
THE SAME.
o In Tan VS Director of Forestry, the Supreme Cout held
that state immunity from suit may be invoked as long
as the suit really affects the property, rights or interests
of the State and not merely those of the officers
nominally made party defendants.
V. Fundamental Principles and State Policies
Fundamental
Article 2 of the 1987 PC: Declaration of Principles and State
Policies:
- Intended to lay down the rules underlying our system of
government and must therefore be adhered to in the conduct
of public affairs and the resolution of public issues.
1. Preamble: Serves as an introduction of the constitution. To
walk before, the constitution.
a. Importance of the Constitution:
i. Indicate the authors of the constitution (We the
sovereign Filipino People),
ii. It also enumerates the primary aims and expressed
the aspirations of the framers in drafting the
Constitution
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
iii. Useful as an aid in the construction and
interpretation of the text in the constitution.
iv. Useful as an aid in legislation.
NB: The preamble is not an essential part of the constitution. The
essential parts of the constitution are: 1. Consti of Liberty (Bill of
Rights), 2. Consti of Governance (Articles VI, VII, VIII, IX), and 3.
Consti of Sovereignty (Article XVII).
THE STATE PRINCIPLES:
1. Republicanism (Sec. 1 Art. II 1987 PC)
a. Republic: A representative government, a government run by
and for the people. Not a pure democracy where the people
govern themselves directly.
b. Essential Features:
i. Representation: People are represented.
Republicanism being a representative government.
ii. Renovation: Selection by the citizenry of a crops of
public functionaries who derive their mandate from the
people and act on their behalf, serving for a limited
period only, after which they are replaced or retained
at the option of their principal.
c. Manifestation of a Republican Government (GRABE-SBCD):
i. Government of laws and not of men
1. The ascendancy of the law is axiomatic in
a republic and must be recognized by
every public official NO MATTER HOW
EXALTED.
2. No one is above law; and ALL MUST
BOW TO ITS MAJESTY.
3. All official act must be based upon and
conform to the authority of a valid law.
Lacking which, the act must be rejected.
4. Nobility of intention is not sufficient to
validate an authorized act. Indeed, in
23
 Villavicencio VS Lukban, where Mayor
Lukban, who was then that Mayor of
Manila, motivated by his desire to protect
the health and the morals of his
constituents deported the 170 prostitutes
to Davao without the consent of the
deported women and without the
knowledge of their relatives/friends. The
Supreme Court condemned the action of
Mayor Lukban, there being no showing
that any law or even an ordinance had
authorized it.
ii. Rule of Majority
1. Plurality in elections.
iii. Accountability of Public Officers
iv. Bill of rights
v. Legislation cannot enact irrepealable laws.
vi. Separation of powers
vii. Blending of powers
viii. Checks and balances
ix. Non-delagation of powers
2. The Incorporation Clause
i. Sec. 2 provides:
a. Philippines renounces war as an instrument of
national policy,
b. Adopts the accepted principles of international law
as part of the law of the land,
c. Adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.
ii. Renunciation of war:
a. Covenant of the League of Nations: Provided
conditions for the right to go to war
b. Kellog-Briand Pact of 1928: Also known as the
General Treaty for the Renunciation of War, ratified
by 62 States. It forbades war as an instrument of
national policy.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
c. Charter of the United Nations: Art. 2 of which
prohibits the threat or use of force against the
territorial integrity or political independence of a
state.
iii. Doctrine of Incorporation: Every state, by membership
to the family of nations, is bound by the principles of
international law, which automatically is incorporated in
its own laws.
a. In the case of Kuroda VS Jalandoni, the court, in
upholding the validity of E.O. 68 petitioners
argument, debunked the contention of the latter
who averred that the creation of E.O. 68 is illegal
because it violates not only provisions of the
constitution, but also the laws; and that because the
Philippines is not a signatory to the Hague
Convention on Rules and Regulations covering
Land Warfare, the charges against him are
baseless because he was charged of crimes not
based on laws both national and international, and
that the military commission trying his case has no
jurisdiction. The court held that the law is valid by
virtue of Section 3 of the 1935 Constitution, which
adhered to the policy of renunciation of war and the
doctrine of incorporation. On that the military
commission has no jurisdiction over his case
because the Philippines is not a signatory to the
Hague and Geneva Conventions, the Supreme
Court held that even if the Philippines was not a
signatory to the aforementioned conventions, it
cannot be gainsaid that the rules and regulations in
the abovestated conventions form part of the
generally accepted principles of International Law.
Hence, such rules and principles form part of the
law of the laws of the Philippines even if it is not a
signatory in the conventions governing them,
because the constitution have has been deliberately
24
 general and extensive in its scope and is not
confined to the recognition of rules and principles of
international law as contained in treaties to which
our government may have been or shall be a
signatory.
b. The Supreme Court ruled on the basis of the
abovementioned considerations in the case of
Agustin VS Edu, wherein petitioner questioned the
validity of Letter of Instruction No. 229 (1974)
(amended by LOI 479 series of 1976), which
required every car owner to procure and use one
pair of a reflectorized triangular EWD whenever any
vehicle is stalled or disabled or is parked for 30
minutes or more in any street, highway, etc.
Petitioner further contends that LOI 229 is
unconstitutional, oppressive, unreasonable,
arbitrary, confiscatory, and contrary to the precepts
of the new society. In reply to such allegations,
respondents maintained it was not unconstitutional
because the Philippines was just complying with the
provisions of the treaties that It signed. Indeed, the
Philippines, being a signatory to the Vienna
Convention on Road Signs and Signal and having
ratified the said treaty under P.D. 207,
recommended that a local legislation be enacted for
the installation of road safety signs and devices.
The Philippines will also not repudiate a
commitment to which it had pledged its word.
iv. The generally accepted principles of international law:
Refers to norms of general or customary international
law which are binding on all states. E.g. renunciation of
war, sovereign immunity, pacta sunt servanda, etc.
v. Under the 1987 PC, international law can become part
of the sphere of domestic law either by transformation
or incorporation.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
a. Transformation: Method requires that an
international law principle be transformed into
domestic law by methods such as local legislation
b. Incorporation: This method applies, by mere
constitutional declaration, international law is
deemed to have the force of domestic law.
vi. Doctrine of incorporation is applied whenever local
courts are confronted with situations in which there
appears to be a conflict between a rule of international
law and the provisions of the constitution or some
municipal laws of the local state.
a. In case there is a conflict between an international
law and a municipal law:
i. First step: Harmonize both laws so as to give
effect to both.
ii. If the conflict between the two laws seemed
to be irreconcilable, proceed to second step:
municipal laws must be upheld.
b. In Ichong VS Hernandez18, the court held the treaty
between the Philippines and Burma regarding the
Philippines importation of rice in the said country is
invalid because the retail trade national law (law in
conflict with the foregoing treaty), was passed in the
exercise of the police power, which cannot be
bargained away through the medium of a treaty or a
contract.
c. In the case of In Re: Garcia, the court helt that
treaties could not be intended to modify the laws in
18
Petitioner sought for the invalidation of the R.A. 1180 also known as the Retail Trade
Nationalization Act because they believed that said law contravened with several treaties
namely the charter of the UN and the declaration of Human Rights, and the treaty of Amity
with PRC. In denying said petition, the court held that no treaties or international obligations
were infringed when said law was promulgated. But granting arguendo that the said law
infringes upon said the aforementioned treaties, the treaty is always subject to qualification
or amendment by a subsequent law and the same may never curtail or restrict the scope of
the police power of the state. There is no question that R.A. 1180 was approved in the
exercise of police power.
25
 force in the country. In this case, Garcia applied for
admission to the practice of law in the Philippines,
and further petition that he be admitted without the
required bar examination. He contended that under
the Treaty on Academic Degrees and the Exercise
of Professions between the Philippines and Spain,
he is entitled to do so. The court however denied
his petition because: 1. The treaty is not applicable
to Filipino citizens desiring to practice law in the
Philippines. 2. The treaty could not have intended to
modify the laws and regulations governing
admission to the practice of laws in the Philippines.
3. The executive department may not encroach
upon the constitutional prerogative of the Supreme
Court to promulgate rules for admission to the
practice of law.
3. Defense of the State
i. Section 4 provides that:
a. It is the prime duty of the government to serve and
protect the people.
b. The Government may call 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.
ii. State may take up all necessary action, including the
use of armed force, to repel any threat to its security.
iii. C.A. No. 1 or the National Defense Act states that the
AFP shall be composed of a citizen armed force which
shall undergo military training and serve, as may be
provided by law.
iv. In the case of People VS Lagman and Zosa, the
accused were charged with and convicted of refusal to
register for military training as required by C.A. No. 1.
De Sosa contends that he did not register in the military
service because he is fatherless and has a mother, and
an 8 y/o brother to support. Lagman on the other hand,
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
has a father to support, has no military leanings, and
does not wish to kill or be killed. On the contention of
these both Lagman and de Sosa made in their
respective cases that C.A. No. 1 in so far as it
establishes compulsory military service is
unconstitutional; the Supreme Court held that it was
not, and indeed, it was in faithful compliance with its
provisions. The duty of the government to defend the
State cannot be performed except through an army. To
leave the organization of an army to the will of the
citizens would be to make this duty of the government
excusable should there be no sufficient men who
volunteer to enlist therein.
v. It was also held in case of People VS Lagman and de
Sosa supra, that the duty to defend the state is
imposed upon all citizens, including women. And that
the military or civil services that may be required by
them must be personal. Q: What if a person has
sincere conscientious or religious scruples about the
taking of human life, or have no military inclinations or
aptitudes? A: Accommodations can be made by
assigning them to non-combat or civil duties.
vi. Provision is based upon the inherent right of every
state to existence and self-preservation.
4. Peace and Order
i. Section 5 provides that
a. The maintenance of peace and order, the protection
of life, liberty and property.
b. It will likewise promote the general welfare which is
essential for the enjoyment by all the people of the
blessings of democracy.
5. Separation of Church and State
i. Ratio: Strong fences make good neighbor. The idea is
to delineate the boundaries between the church and
the state and thus avoid encroachments by one against
26
 the other because of a misunderstanding of the limits of
their respective exclusive jurisdictions.
ii. State is prohibited from interfering in purely
ecclesiastical affairs. Church is likewise barred from
meddling in purely secular matters.
a. Reason: A union of church and the state, tends to
destroy government and to degrade religion.
iii. BUT the wall that separates the church and the state is
not a wall of hostility. Indeed, the state recognizes the
beneficent influence of religion in the enrichment of the
nations life. As it instills into the mind the purest
principles of morality. In the case of Aglipay VS Ruiz,
the court speaking thru Justice Laurel stated the
influence of religion is deeply felt and highly
appreciated by the State. Deeply felt because in the
preamble, the Filipino people as the authors of the
constitution implored the aid of divine providence in
order to establish a government that would embody
their ideals Indeed it shows that they manifested their
intense religious nature and placed unfaltering reliance
upon Him who guides the destinies of men and nations.
iv. In Aglipay VS Ruiz, the court in denying the petition of
Msgr. Aglipay regarding the withholding of the printing
and issuance of postage stamps themed with the
celebration of the 33rd International Eucharistic
Congress in Manila and further maintaining that such
was contrary to constitutional provisions on the
separation of church and state, the Supreme Court
held that it was not because Act. 4025, the law that
directs the selling of the aforementioned stamps does
not contemplate any religious purpose. The only
purpose in issuing and selling the stamps was to
advertise the Philippines and attract more tourists to
this country. The officials concerned merely took
advantage of an event of international importance to
give publicity to the Philippines and its people. Indeed,
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
the stamps are not designed with any insignia or
symbolism of the Catholic Church except for a map of
the Philippines and Manila. Thus, it is obvious that the
emphasis of said stamps were not the Eucharistic
Congress itself but Manila as the seat of the said
congress, and that any resulting propaganda received
by the RCC vis--vis these stamps, was not the aim
and purpose of the government.
v. Exceptions to the rule on the separation of the Church
and the State:
a. Churches, parsonages, etc., actually, directly, and
exclusively used for religious purposes shall be
exempt from tax.
b. Prohibition against appropriation for sectarian
benefit, except when priest is assigned to the AFP,
any penal institutions or leprosarium.
c. Optional religious instruction for public elementary
and high school students.
d. Filipino ownership requirement for educational
institutions, except those established by religious
groups and mission abroad.
6. Social Justice:
i. Definition: Neither communism, nor despotism, nor
atomism, nor anarchy, but eh humanization of laws and
the equalization of social and economic forces by the
State so that justice in its rational and objectively secular
conception may at least be approximated. Social justice
means promoting the welfare of all the people, the
adoption by the government of all the component
elements of society through the maintenance of a proper
economic and social equilibrium in the intrrelations of the
members of the community, constitutionally, through its
adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers
underlying the existence of all governments on the time-
27
 honored principle of salus populi est supreme lex
(Calalang VS Williams).
ii. Purpose of the provision: To alleviate the plight of these
forgotten men, to give those with less privileges in life
more privileges in law. This was contemplated in the
case of Ondoy VS Ignacio19, where the Supreme Court
in granting the petition for compensation for the death of
Ondoy stated that As between a laborer, usually poor
and unlettered and the employer, who has resources to
secure able legal advice, the law has reason to demand
from the latter stricter compliance. Social justice in this
case is not equality BUT PROTECTION.
iii. However social justice cannot be invoked to trample
rights of property owners nor can it nullify a law on
obligations and contracts. This was ruling in the case of
Salonga VS Farrales. In the said case, respondent is the
owner of a parcel of residential land in Olongapo City.
Before respondent purchased the land, Salonga already
in possession as lessee of a part of the land, on which
she had already erected a house. Because the petitioner
and other lessees are not paying their respective rental
fees, Farrales filed an ejectment case against Salonga
and other lessees. Decision was subsequently rendered
in favor of farrales. Meanwhile, Farrales sold to the other
lessees the parcels of land on which they respectively
occupy so that when the decision was affirmed and
executed on appeal, the ejectment w=case was then
only against Salonga. Salonga painstakingly offered to
purchase said lot from Farrales, but the latter refused.
He then went to the court praying that Farrales be
compelled to sell to him the land in dispute, but it was
dismissed. Ruling on the issue if whether or not social
justice is applicable in this case, the court held that social
justice not applicable in this case because social justice
cannot be invoked to trample rights of property owners
19
Check ATD for digest.
Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law
nor can it nullify a law on obligations and contracts. Ths
social justice consecrated in our constitution was not
intended to take away rights from a person and give
them to another who is not entitled thereto.
7. Rearing of the youth
i. Article 12 provides that:
a. State recognizes the sanctity of family life
b. It shall protect and strengthen the family as a basic
autonomous social institution.
c. Equally protect the life of the mother and the life of the
unborn from conception.
i. Policy against abortion
ii. This however, must be equated with the equal
protection due the mother.
d. Parents have natural and primary right and duty to rear
the youth for civil efficiency and the development of
moral character.
e. In doing the foregoing, parents shall receive the aid
and support of the government.
i. State cannot unreasonably interfere with the
exercise by parents of their natural right and
duty to rear their children. BUT there are times
when it can regulate the same under the police
power.
1. Ex: State is in a position to assist the
parent in the proper upbringing of the
child through the enforcement of
educational policies looking to the
attainment of the stated objectives.
2. 2 American Cases: Meyer VS Nebraska
and Pierce VS Society of Sisters:
a. In Meyer VS Nebraska, Supreme
Court held that it is incompetent for
the government to prohibit the
teaching of the German language
28
 to students between certain age
levels.
b. In Pierce VS Society of Sisters, a
law prohibiting the establishment
of private schools and in effect
confining the education of the
youth to public institutions of
learning was likewise annulled
because it would standardize the
thinking of the children, who
according to the court, were not
mere creatures of the state.
ii. Article 13 provides that:
1. State shall promote and protect their
physical, moral, spiritual, and social well-
being.
2. State shall inculcate in the youth
patriotism and nationalism, and
encourage their involvement in public and
civil affairs.

Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 29