MIDTERM REVIEWER - the action of signing or giving formal consent to a treaty,

contract, or agreement, making it officially valid.

CONSTI 1 (POLITICAL LAW)
JUDICIAL REVIEW OF AMENDMENTS
CONSTITUTION
- Question on the validity of the adoption of the amendments
- Written instrument enacted by direct action of the people to the Constitution
and by which the fundamental power of government are
distributed among several departments for their safe and JUDICIARY MAY DECLARE INVALID PROPOSAL
useful exercise for benefit of body politic. ADOPTED

SUPREMACY OF THE CONSTITUTION - By less than ¾ of the members of the Congress

- A call for a constitutional convention by less than 2/3 of
- Constitution is the basic and paramount law to which all the legislature
other laws must conform and to which al persons, including - A ratification made by less that a majority of the votes cast
the highest officials of the land, must defer. - Plebiscite irregularly held
AMENDMENT STATE
- Refers to a change that ads, reduces, or deletes without - Community of persons, more or less numerous,
altering the basic principle involved permanently occupying a fixed territory, and possessed of
- Generally affects only the specific provision being an independent government organizd for political ends to
amended which the great body of inhabitants render habitual
obedience.
REVISION
ELEMENTS OF STATE
- Implies a change that alters a basic principle in the
Constitution; the change affects the substantial entirety of 1. People
the Constitution, as when the change affects substantial 2. Territory
provisions of the Constitution 3. Government
- Generally affects several provisions of the constitution 4. Sovereignty
QUANTITATIVE TEST ACCEPTED CRITERIA FOR THE ESTABLISHMENT OF
STATE
- Asks whether the proposed change is "so extensive in its
provisions as to change directly the 'substantial entirety' of 1. Permanent population
the constitution by the deletion or alteration of numerous 2. Defined territory
existing provisions." 3. Government
- The court examines only the number of provisions affected 4. Capacity to enter into relations with other states
and does not consider the degree of the change.
PEOPLE
QUALITATIVE TEST
- Inhabitants of the State
- Inquires into the qualitative effects of the proposed change
in the constitution. TERRITORY
- The main inquiry is whether the change will "accomplish
such far reaching changes in the nature of our basic - Fixed portion of the surface of the earth inhabited by the
governmental plan as to amount to a revision." people of the State
- Whether there is an alteration in the structure of
COMPONENTS OF TERRITORY:
government is a proper subject of inquiry.
- Thus, "a change in the nature of [the] basic governmental 1. Land mass (terrestrial domain)
plan" includes "change in its fundamental framework or the 2. Inland and external waters (maritime and fluvial domain)
fundamental powers of its Branches." 3. Air space above the land and waters (aerial domain)
- A change in the nature of the basic governmental plan also
includes changes that "jeopardize the traditional form of ART 1.
government and the system of check and balances
The national territory comprises the Philippine archipelago,
2 STEPS INVOLVED IN AMENDMENT AND REVISION with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
1. Proposal jurisdiction, consisting of its terrestrial, fluvial and aerial
2. Ratification domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around,
PROPOSAL
between, and connecting the islands of the archipelago,
- Usually made by the Congress or Constitutional regardless of their breadth and dimensions, form part of the
Convention internal waters of the Philippines.
- May be directly made through initiative (people only
ARCHIPELAGO DOCTRINE
propose amendments and not revision)
- Better made by legislative action - Connecting the outermost points of the archipelago with
- Vote of at least ¾ of all the members of the Congress shall straight baselines and consider all the waters enclosed
be needed thereby as internal waters; entire archipelago is regarded as
- The choice of the method of proposal lies in the exclusive one integrated unit instead of being fragmented into so
discretion of the legislature. many thousand islands
2 ESSENTIAL ELEMENTS IN SIGNING THE PROPOSAL GOVERNMENT
1. People must be the author and thus sign the entire proposal. - Agency or instrumentality through which the will of the
No agent or representative can sign on their behalf. State is formulated, expressed and realized.
2. The proposal must be embodied in the petition. 2 functions:
1. Constituent – constitute the very bonds of society
RATIFICATION
(compulsory)
 2. Ministrant – undertaken to advance the general
interests of society (optional)

DOCTRINE OF PARENS PATRIAE

- Act as guardian of the rights of the people

DE JURE GOVERNMENT

- Has a rightful title but no power or control

DE FACTO GOVERNMENT

- Government of fact; exercises power or control but without

legal title

SOVEREIGNTY

- Supreme and uncontrollable power inherent in the State by

which that State is governed

LEGAL SOVEREIGNTY

- Authority which has the power to issue final commands

POLITICAL SOVEREIGNTY

- Power behind the legal sovereign or the sum of the

influences that operate upon it

INTERNAL

- Power of the State to control its domestic affairs

EXTERNAL

- Power of the State to direct its relations with other States, is

also known as independence.

 There being no change in the bellingerent occupation, the

political laws of the occupied territory are merely
suspended, subject to revival under the jus postliminium
upon the end of the occupation.
 Judicial decisions; valid during the occupation and even
beyond except those of a political complexion, which are
automatically annulled upon the restoration of the
legitimate authority.
 When there is change in sovereignty, political laws of the
former sovereign are not merely suspended but abrogated.

ACT OF STATE

- Act done by the sovereign power of a country, or by its

delegate, within the limits of the power vested in him.
- Cannot be questioned or made the subject of a legal
proceedings in a court of law

THE STATE MAY NOT BE SUED WIHTOUT ITS CONSENT.

- Does not mean that at all times state is immune from suit

 Application of the doctrine of immunity from suit has been

restricted to sovereign or governmental activities (jure
imperii)
 State immunity cannot be extended to commercial, private
and proprietary acts (jure gestionis)

ONE STATE CANNOT ASSERT JURISDICTION OVER

ANOTHER

- However, foreign states may be sued in the host state if

engaged regularly therein in a business or trade or, even if
not so engaged, on the basis of its contracts in the host state
which may be considered as purely commercial, private
and proprietary acts, but not with respect to its contracts
entered into by it as governmental or sovereign acts.
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