FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Transcribed by: España
Date: AUGUST 14,2018
POLITICAL LAW
➢ is a branch of public law which deals with the
organization, and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory [People v. Perfecto, 43 Phil. 887;
Macariola v. Asuncion, 114 SCRA 77]
➢ First subject taken in the Bar exam for 4 Sundays.
➢ POLITICAL comes from the Greek word “Polis”
(City/state) (eg. Republic of the Philippines –
modern times)
➢ It is a study about the “State” and when you study
about the state, you study about “group of
people” more or less with numerous tiny definite
proportions of territory having a government to
which they render habitual obedience and enjoys
sovereignty.
ELEMENTS OF STATE: (According to Isagani Cruz’s book
Political Law)
1. People
2. Territory
3. Government
4. Sovereignty
When you study all of these elements, you will learn to
know the following:
➢ How do “People” participate in the state affairs?
➢ What justifies their participation in governmental
affairs?
PEOPLE
➢ “inhabitants of the state”.
➢ are those who established the functionaries
and consequently established the agencies.
These functionaries are the one who
procreate them. For people to participate in
that governance, he has to be a member of
that political community.
➢ Citizenship: membership that people
referred to.
➢ Citizen – title referred to a ➢ Where authority is being sourced.
“member/person” of a citizenship.
Constitutional Law I: study about “Who are the citizens
of the Philippines?” under Art. 4 of 1987 Constitution
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ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
ART 4 (Citizenship)
Section 1. The following are citizens of the Philippines: [1]
Those who are citizens of the Philippines at the time of the
adoption of this Constitution; [2] Those whose fathers or
mothers are citizens of the Philippines; [3] Those born
before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority;
and [4] Those who are naturalized in accordance with law.
TERRITORY
➢ fixed portion of the surface of the earth
inhabited by the people of the state.
➢ CANNOT be a “State” WITHOUT a TERRITORY
because where will you put up your
governmental agencies and structures, and
who are you going to govern if there is no
definite portion of an area or a phase where
you can enact it?
In Constitutional Law I, you study about “National
Territory”. Especially now, that Philippines have a
controversy regarding the “disputes of land” Over
Scarborough Shoal and recently, over Benham Rise to
China.
ART.1 (Definition of “National Territory”)
NATIONAL TERRITORY
➢ The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between,
and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
GOVERNMENT
➢ agency or instrumentality in which the will of the
state is formulated, expressed, and realized.
➢ The “myth” of your subject matter.
➢ You have conditions on the government like Art.
6 (The Legislative Department), Art. 7 (Executive
Department), Art. 8 (Judicial Department), and
FOR EH 308SYSTEMReviewer
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the subsequent provisions in the constitution
really need their own defense like the
“Constitutional Commission” (Consisting of COA,
Civil Service, Commission On Election,
Commission of Human Rights, The Ombudsman,
and what are the principles governing the
relationship between a man, his government
offices and the relation WITH inhabitants of the
country.
WHAT IS THE SUPREME POWER TO DO WITHIN AND
OUTSIDE OF THE TERRITORIAL BOUNDARIES?
➢ WITHIN: It is the power of the government to
pass laws for the people to obey.
➢ OUTSIDE: It is the freedom of the state from
external control or region of inhabitance.
SOVEREIGNTY
➢ Supreme and uncontrollable power inherent in a
state by which the State is governed.
➢ Part of that authority or the essence of that
authority.
ASPECTS AND MANIFESTATION OF THE EXERCISE OF
SOVEREIGNTY BY THE STATE
➢ Immunity of the state from SUIT because it is
SUPREME, therefore it CANNOT BE SUBJECTED to
ANY OTHER AUTHORITIES including the authority
of the court. This is precisely the reason YOU
CANNOT SUE THE STATE because it’s a joint
sovereignty and it is sue within.
➢ Also, you have to understand within:
WHY ARE YOU ADDRESSED ESPECIALLY DURING
ELECTIONS AS “HARING LUNGSOD” ESPECIALLY WHEN
YOU ARE A VOTER?
➢ The candidates and the politicians always
addressed you when delivering their
speeches as “Haring Lungsod”. Hari
means “The King” and Lungsod meaning
“The State is The King In that community”
actually referring to the members of the
community as the “Haring Lungsod”.
➢ The Constitution says “ART.2 sec.1 The
Philippines is a Republican and a
Democratic State. Sovereignty resides in
the people and all government authority
emanates from them.”
➢ Therefore, people direct today are the
“sovereigns”
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Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
The Preamble states:
“We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society,
and establish a Government that shall embody our ideals
and aspirations, promote the common good, conserve
and develop our patrimony, and secure to ourselves and
our posterity, the blessings of independence and
democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
➢ For if not for your vote, these people in
the government could not have yielded
the powers, could not have occupy the
positions that they are in now and hold
these powers of the government.
Ultimately, it is the people decide that
they should yield the powers in the
government. That makes you the source
of sovereignty.
➢ What happens now to the “Haring
Lungsod” is that they become YOUR
KINGS instead of you. They are supposed
to be your PUBLIC SERVANTS because the
“Haring Lungsod” chose them.
Scope of Political Law
1. CONSTITUTIONAL LAW
➢ The study of the maintenance of the proper
balance between authority as represented by the
three inherent powers of the State and liberty as
guaranteed by the Bill of Rights [Cruz,
Constitutional Law, 1993 ed., p. 1].
Constitutional Law 2
➢ It deals with “How to balance with authority on
one hand and rights of individuals on the other
hand?”. Because this pertains to government
limiting the rights of individuals as recognized by
bill of rights and at the same time these rights put
a limitation on the powers of the state; then
constitutional law must be part of political law.
➢ Under Constitutional Law 2, you study about the
“Art.3 Bill of Rights”.
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Art.3 Bill of Rights
➢ Charges of your Liberty that defines the
relationship between you, the govern, and the
government.
➢ The powers of the government are now absolute,
because they are subject to such limitations as
maybe imposed by the lines of the people that
NEEDS protection.
➢ You also have rights of individuals being
regulated by the authority, by the state exercises
its powers.
2. ELECTION LAW
➢ How do we choose our government officials?
➢ pertain to the election of the representatives of
the government by the people, the limitation on
the conduct of election. It has something to do
with the government because without election,
there cannot be a government or officials in the
government
3. LAW ON PUBLIC OFFICERS
➢ When they are chosen, how do they relate with
the govern?
➢ What are their duties and responsibilities?
4. ADMINISTRATIVE LAW
➢ Those who are in the Executive Branch, in the
different administrative bodies: What are the
powers and how do they relate with each other?
➢ deals on how government officials run the
government and the extent of the exercise of the
powers on how one branch or one department,
bureau or agency or instrumentality relates with
each other.
5. LAWS ON LOCAL GOVERNMENT OR PUBLIC
CORPORATIONS
➢ Study of “How does the Natural government
relate with the Local Government?” (That may be
changed in the future, because as of now, we only
have Local autonomy for Local government are
subject to the authority of the “National
Government” meaning “they cannot pass laws
independent of the “National Government”
accdg. To Judge)
6. PUBLIC INTERNATIONAL LAW
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Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
➢ Deals on the Study how these states relate with
other states.
Source of Political Law
What is your basis in studying Philippines Political law?
What would be your reference?
➢ 1987 Constitution. There are provisions in the
Constitution recalled by your study of “Political
Law”.
➢ 1987 CONSTITUTION IS NOT THE SOLE SOURCE.
IT IS NOT EXCLUSIVE. Because understanding
Political Phenomenon, it’s better if you have
other sources to refer to because that may not be
answered by the 1987 Constitution.
Example:
✓ POE vs. COMELEC (Grace Poe Case)
ISSUE: Why is Grace Poe Qualified to run as
“President” considering the requirements of
“Philippine Citizenship” (and not just any ordinary
citizenship), but one must be a “Natural born-
Filipino Citizen” in running for Philippines
Presidency?)
➢ However, she lost the election because she has
conceded. (That’s unprecedented, because
nobody loses an election just because she
proclaims it).
➢ She was described as a “Foundling”- unknown
mother and father. (How can you be sure that the
parents are Filipino? She could be a Chinese, only-
transit here in the country and gave birth to her)
➢ There is NO DEFINITION of “Foundling” in the
Constitution, but NOW it does it state that “A
foundling is a Filipino Citizen”. (It’s a HOT ISSUE)
➢ In 1987 Constitution’s definition of “Citizenship”
is Limited only for “Those People as such
enumerated by that definition. “
➢ You have to refer what does it means so you have
to understand “Why does the Supreme Court
refer to that manner and be fair to Grace Poe
Llamanzares as a natural born Filipino Citizen?”
Q: “Why was the Father (Fernando Poe Jr.) was likely
declare as a ‘Filipino Citizen’ when he was born
illegitimate to a US Citizen Mother?”
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➢ It’s a legitimate fact that “We’re supposed to
follow the REALLY KNOWN PARENTS, so to
waive the Citizenship”.
➢ The Mother knows that the child is hers, right?
So, if she’s not married to the father, then the
child usually follows the surname of the mother
especially if there’s no evidence that the child
was ever acknowledge by his father who is not
married to the mother.
➢ Similarly, In Citizenship, if the Mother is Filipino,
then the child is illegitimate, and follows the
Mother’s Citizenship state.
➢ Take note: The Father (Fernando Poe Jr./Ronald
Poe) was NOT MARRIED to the Mother (US
CITIZEN).
Q: So why was “Grace Poe” considered as a “Natural
Born Citizen”?
➢ Because the Constitution states that “Those
fathers who are Filipino Citizen”? (But the Father
was not married to the mother”?)
➢ Remember, Ronald Poe declared himself as a
“Spaniard” when he got married to the first wife.
➢ Do you know that this Roland Poe, whose father
is Lorenzo Poe, was a “Full Español” (Mother:
mestiza; placed on the birth certificate of Ronald
Poe)?
Q: How on Earth “Fernando Poe” became a “Natural
born citizen”?
➢ Case: Tecson v Comelec: Supreme Court said,
“Roland Poe is natural born and therefore, he is
qualified to run as President.” That legacy was
inherited by the daughters. The adoptive
daughter was said to be a “Natural born”, only
that she is said to be a “Foundling” and later she
was considered as a “Filipino Citizen”. However,
this could not take back down to the 1987
Constitution.
1987 Constitution: NOT AN EXCLUSIVE SOURCE OF
POLITICAL LAW TO EXPLAIN ON CITIZENSHIP.
➢ You have to consider other sources.
CITIZENSHIP
➢ You have to consider the 1987 Constitution
before that.
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Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
➢ 1973 Constitution, 1935 Constitution, TREATY OF
PARIS and TREATY OF PEACE.
➢ Treaty of Paris & Treaty of Peace: There was a war
between Spain and US. Spain lost that war, so it
was compelled to sign TREATY OF PARIS ceding
the PHILIPPINES ISLANDS, and ALL THE
INHABITANTS & PROPERTIES BOUND THEREIN to
the US for the amount of $20 Million on sale.
To include other territories that Spain was able to acquire,
the same were ceded to mention a few (Eg. Palma Islands)
➢ Palma Islands: Acquired by Spain, then
interceded to US by the virtue of Treaty of Paris.
➢ For the first time, there was a concept of
Citizenship. (Remember, during Spanish
Colonization, there was no concept of Citizenship
for Filipino Citizens that’s why they are described
as “Indios”.)
Indios - Uncivilized people of the islands, because there
is no such concept.
➢ We are only considered as the “subjects” of the
King of Spain.
➢ No rights or whatsoever, we were chattels or
properties by the King of Spain.
Citizenship Concept: a membership of a political
community was introduced to us only when the Treaty of
Paris was signed. There was this “Mass Naturalization”.
Mass Naturalization: All the inhabitants, same for those
who declared themselves and remained as “Spanish
Citizens”.
➢ All of them, regardless whether he is a Canadian
or an Indio. Whether he is a foreigner, but found,
had been residing in the island or Spaniards even,
that have decided to stay in the islands and retain
their being in the country and did not indicate or
whatsoever that they will stay as a “Spanish
Subjects” of the King of Spain. (Citizens of
Philippine Islands by the Virtue of Treaty of
Paris)
Under Treaty of Paris, take note, there was a provision
here:
“When the transfer of the sovereignty from Spain to US,
the Political and Civil Status of all the inhabitants and the
Philippine Islands shall now be determined by the US
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Congress NOT by the President of the given but by the US
Congress that is also stated in the Treaty of Paris. “
➢ Pursuant to that provision of Treaty of Paris, US
Congress HAS ORGANIC LAWS.
➢ Providing for a Governmental setup, how the
inhabitant should be governed and further
defining who are the citizens of the Philippines
Islands.
➢ Philippines: term came from “Filipino” was the
idea of the 1st civil Governor of that time.
➢ We are named “Filipino or Filipinese” (We are
Filipinos, because of the word “Philippines”)
Q: WHAT ARE SOME OF THESE ORGANIC LAWS THAT
ARE SIGNIFICANT TO THE ESTABLISHMENT OF THE
GOVERNMENT AND THE DEFINITION OF “PHILIPPINE
CITIZENSHIP”?
➢ First you have the Philippine Bill of 1902 (Cooper
Act) otherwise known as “The Filipino Political
Reach Head”
➢ Because for the first time, under that bill, WE,
FILIPINOS are ALLOWED TO PARTICIPATE in the
National and Governmental affairs. How?
➢ You have a legislature (bilateral). The UPPER
HOUSE is composed of ALL AMERICANS, but the
LOWER HOUSE is composed of ALL FILIPINOS
selected by the provinces at that time.
➢ During the time of Spaniards, the highest position
that a Filipino can be elected to is only to a
“Barangay Captain (Cabeza de Barangay)”
➢ This time, when we were UNDER AMERICANS, by
the virtue of Philippine Bill 1902, we have now
Filipinos who composed of the Philippine
Assembly which is the Lower House of the
Legislature at that time.
➢ Under the Philippine Bill of 1902: it defined the
“Filipino Citizens” as those who are “Native born
in general or inhabitants of the Philippine
Islands.”
Q: (Take note of the cut-off period) As of April 11,1899.
Why April 11, 1899?
➢ Remember that the signing was on April 1898.
Where the exchange of the ratification of
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Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
instrument happened only on April 11, 1899. It
says “All inhabitants of the Philippine Islands”,
same for those who decided to remain as
“Subjects of the Spanish ground” (They have to
sign something, a document.)
➢ All the rest who are found in the Philippine Islands
are considered as “Citizens of the Philippines”.
You have the:
1. Native born
2. Peninsulares
3. Foreigners who are neither native or Spanish
Subject (They are like the traders from other
neighboring countries who stayed in the
Philippine Islands) Likewise, they were
considered as “Filipino Citizens” (Remember
about “Mass Naturalization”)
Then it was reiterated, in the JONES LAW of 1916. It says
that “The Children subsequent there to” (Meaning the
children of those who have been considered as
inhabitants, therefore citizens of the Philippines are
likewise considered as “Filipino Citizens”)
➢ The Jones Law of 1916 with refers to the
government, was likewise significant. Why
significant?
➢ It was otherwise known as “The Philippine
Autonomy Act”.
Q: Why “The Philippine Autonomy Act”?
➢ Autonomy: when there is recent realization of
powers or transfer of powers.
Q: Now, was then the transfer of powers under the
Jones Law of 1916 and from whom and to whom?
➢ There was a transfer of legislative powers from
the Americans passed to the Filipinos.
➢ For the first time, you have a legislature
composed of ALL FILIPINOS.
➢ Executive Branch: All Americans; Legislative
Branch: All Filipinos and the Judiciary somehow,
they were trying to establish at least a justice of
the case.
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➢ The Americans were not afraid at all of Filipinos
being in the legislature. They are not insecure.
After all, even if they passed the laws, they can
still be vetoed by the Governor general (Who is
an American). That’s the under control. Anyhow,
there is nothing to worry about, at least they have
the practice and the experience on how to pass
laws.
Now then, corrupted, Aside from The Jones Law of 1916,
there was now the passage of “The Tydings- Mcduffie Law
of 1934”
Q: What is Tydings-Mcduffie Law?
➢ It is otherwise known as “The Philippine
Independence Act”.
Why?
➢ Because we were now promised with the GRANT
OF INDEPENDENCE. Preparing for that
independence from the US, it was a condition to
DRAFT CONSTITUTION which will be the basis of
a government that will be establish and that was
the COMMONWEALTH (1935 CONSTITUTION).
COMMONWEALTH (1935 CONSTITUTION) - drafted to
establish the COMMONWEALTH GOVERNMENT.
➢ For the first time, you have a Filipino President
elected by the Filipino People.
Q: Do you know what is the term of office under the
1935 constitution?
➢ The origin provided for 6 years without re-
election. (Just the same with the 1897
Constitution)
Q: Then what happened, how come “Manuel L. Quezon”
was the first president of the Commonwealth? How
about the Second President?
➢ Vice president: Osmeña. He is a Cebuano. He
became the President not by election, but by
succession because Quezon died.
Q: For if were in 6 years without re-election, how come
that he lasted for about 8 years or 7 years if Quezon died
because of Tuberculosis?
➢ It was during the World War II, when the
Japanese invaded Manila and some of the nature
places in the islands. They cannot go for election
when the government was exiled in Washington
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Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
DC. They have to amend the 1935 Constitution to
extend the term office of the President for 2 more
years (A total of 8 years) because his term has
already expired. However, he died because of
tuberculosis, and the vice -president RO Osmeña
succeeded him not by election but by succession
of the Republic.
➢ When we were granted with our independence,
however, Osmeña lost in the election with Roxas.
➢ Manuel A. Roxas: First president of the 3rd
Republic of the Philippines.
Q: For example, in the case of Fernando Poe Jr., can you
base it on the 1987 Constitution?
➢ No, you can’t. Why? Because he was not born
under 1987. He was born sometime around
1930s. Therefore, what should govern is the 1935
Constitution.
➢ If there was any reference to the 1987
constitution, it was the first paragraph that says
“Those who are residents of the Citizens of the
Philippines from the time of the adoption of the
1987 Constitution”
➢ Meaning, if Fernando Poe Jr. remained a Filipino
Citizen during the 1987 Constitution, because of
that first paragraph “He is a Filipino Citizen” or
Under 1973 Constitution that says “Those who
are residents of the Philippines at the time of the
adoption of the 1987 Constitution” (Meaning
even before Fernando Poe Jr. was born before
the Adoption, but he remained a Filipino citizen
under the time where 1987 Constitution was
adopted, he is a Filipino Citizen.)
➢ If he was born then under 1935 Constitution, what
should govern then would be the 1935
Constitution of Citizenship under Art.4 thereof.
Q: What does the 1935 Constitution says?
➢ Those whose fathers are citizens of the
Philippines. (The Child is Filipino Citizen)
Going back to the situation of his birth, remember the
“Father was a Filipino” and he was not married to the
mother, who was a US Citizen.
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➢ Ordinarily, she should have followed the
citizenship of the mother. But, remember, the
mother is US Citizen and that is the requirement
of “Acknowledgement of the Child”.
➢ He has to be acknowledged, recognized in a
public document to be a private document, or to
be declared by the court that “he is the son of his
father” if he is born illegitimate.
➢ Case: TECSON VS COMELEC
FACTS: (Source: Internet)
Victorino X. Fornier, petitioner initiated a petition before
the COMELEC to disqualify FPJ and to deny due course or
to cancel his certificate of candidacy upon the thesis that
FPJ made a material misrepresentation in his certificate
of candidacy by claiming to be a natural-born Filipino
citizen when in truth, according to Fornier, his parents
were foreigners; his mother, Bessie Kelley Poe, was an
American, and his father, Allan Poe, was a Spanish
national, being the son of Lorenzo Poe, a Spanish subject.
Granting, petitioner asseverated, that Allan F. Poe was a
Filipino citizen, he could not have transmitted his Filipino
citizenship to FPJ, the latter being an illegitimate child of
an alien mother. Petitioner based the allegation of the
illegitimate birth of respondent on two assertions - first,
Allan F. Poe contracted a prior marriage to a certain Paulita
Gomez before his marriage to Bessie Kelley and, second,
even if no such prior marriage had existed, Allan F. Poe,
married Bessie Kelly only a year after the birth of
respondent. Petitioners also questioned the jurisdiction of
the COMELEC in taking cognizance of and deciding the
citizenship issue affecting Fernando Poe Jr. They asserted
that under Section 4(7), Article VII of the 1987
Constitution, only the Supreme Court had original and
exclusive jurisdiction to resolve the basic issue of the
case.
ISSUE:
1. Whether or not FPJ is a natural born Filipino
citizen?
HELD:
1. Where jurisprudence regarded an illegitimate
child as taking after the citizenship of its mother, it
did so for the benefit the child. It was to ensure a
Filipino nationality for the illegitimate child of an
alien father in line with the assumption that the
mother had custody, would exercise parental
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Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
authority and had the duty to support her
illegitimate child. It was to help the child, not to
prejudice or discriminate against him.
(Questions by Judge)
ISSUE: If born illegitimate, and may have been
acknowledge by his father, should she therefor follow the
citizenship of his father?
➢ Given that he was acknowledge by his father, the
fact remains that he is illegitimate.
➢ Father Bernas: “He should have not be faulted for
being born out of wedlock. It is not the fault of the
child to be born under that situation. You blame it
to the parents “
Q: Should there be a legitimacy to a child that is born as
illegitimate?
➢ It was not the child who is illegitimate, it is the
mother who is illegitimate.
➢ According to Father Bernas, “1935 Constitution
does not make any distinction whether the father
is illegitimate or legitimate.
➢ It merely says “Father is Filipino, Child is Filipino”.
Going back to the Father being Filipino now, assuming
that he is being acknowledge because he was
illegitimate, do you consider Ronald Poe as the Father,
who has to be a Filipino Citizen?
➢ He has to be a Filipino citizen in order for
Fernando Poe to be acknowledge as a Filipino
citizen.
➢ There was no formal constitution before that, you
can only refer to the Organic laws.
Organic Laws
- Jones Law, Philippine Bill (1902), and Treaty of Paris
How was it explained under these documents?
➢ Ronald Poe is the son of Lorenzo Poe (We don’t
know when he was born, but he died in
Pangasinan at the age of 89, sometime in 1954?
Note: If you died in the Philippines, you must have been
born in the Philippines. (Logic presented)
➢ Since he died at the age of 89, he must have been
born sometime in April 1899.
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➢ He was presumed to be a resident of the
Philippines as of April 11, 1899 in which
“Absence of any group and he has retained his
Spanish credentials or citizenship, then he is
considered as a Filipino Citizen”.
The law says “Should the subsequent there to are
likewise considered to be a Filipino.”
➢ His Son, Roland Poe, regardless whether he
declared himself as “Spaniard”, the fact remains
that he was born as a Filipino Citizen.
➢ If the grandfather is a Filipino, the father must be
Filipino. If the Father is a Filipino, then the Son
Fernando Poe must be a Filipino.
Why natural born Citizen?
➢ Under 1935 Constitution, there is NO DEFINITION
OF A NATURAL BORN CITIZEN.ALL ARE
PRESUMED TO BE NATURAL BORN.
➢ Only under 1973 Constitution, that there was a
definition of a “Natural-born Citizen”.
➢ There is no question of doubt that Fernando Poe
Jr. is a Spaniard or American citizen. He is
considered as a “Natural Born Citizen” 100%.
✓ Case: POE vs. COMELEC (Grace Poe Case)
➢ The controversy of Citizenship was even
adapted by the adopted daughter.
➢ They were suspecting whether she is a
natural daughter of Fernando Poe, that’s
why her parents had become unknown.
As far as I knew, Fernando Poe was
married to Susan Roces who was never
seen as a pregnant woman.
➢ There were too many speculations of her
birth.
FACTS: (Source: Internet)
In her COC for Presidency on the May 2016
elections, Grace Poe declared that she is a natural-born
citizen of the Philippines and that her residence up to day
before May 9, 2016 would be 10 years and 11 months
counted from May 24, 2005. Grace Poe was born in 1968.,
found as newborn infant in Jaro,Iloilo and was legally
adopted by RONALD ALLAN KELLY POE (FPJ) and JESUS
SONORA POE (SUSAN ROCES) in 1974. She immigrated to
8|P age
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
the US in 1991 after her marriage to Theodore
Llamanzares who was then based at the US. Grace Poe
then became a naturalized American citizen in 2001.
On December 2004, he returned to the Philippines due to
his father’s deteriorating medical condition, who then
eventually demise on February 3,2005. She then quitted
her job in the US to be with her grieving mother and
finally went home for good to the Philippines on MAY 24,
2005. On JULY 18, 2006, the BI granted her petition
declaring that she had reacquired her Filipino citizenship
under RA 9225. She registered as a voter and obtained a
new Philippine Passport. In 2010, before assuming her
post as appointes Chairperson of the MTRCB , she
renounced her American citizenship to satisfy the RA
9225 requirements as to Reacquistion of Filipino
Citizenship. From then on, she stopped using her
American passport.
Petitions were filed before the COMELEC to deny or
cancel her candidacy on the ground particularly among
others, that she cannot be considered a natural born
Filipino citizen since she was a FOUNDLING and that her
biological parents cannot be proved as Filipinos. The
Comelec en banc cancelled her candidacy on the ground
that she is in want of citizenship and residence
requirements and that she committed misrepresentation
in her COC.
On CERTIORARI, the SUPREME COURT, reversed the
ruling and held a vote of 9-6 that POE is qualified as
candidate for Presidency.
ISSUE:
(1) Whether or not Grace Poe- Llamanzares is a
natural- born Filipino citizen
HELD: YES. GRACE POE is considerably a natural-born
Filipino Citizen. For that, she satisfied the constitutional
requirement that only natural-born Filipinos may run for
Presidency.
(1) there is high probability that Poe’s parents are
Filipinos, as being shown in her physical features
which are typical of Filipinos, aside from the fact
that she was found as an infant in Jaro, Iloilo, a
municipality wherein there is 99% probability
that residents there are Filipinos, consequently
providing 99% chance that Poe’s biological
parents are Filipinos. Said probability and
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(LLB) USE ONLY by: Lorebeth L. España
circumstantial evidence are admissible under
Rule 128, Sec 4 of the Rules on Evidence.
(2) The SC pronounced that FOUNDLINGS are as a
class, natural born- citizens as based on the
deliberations of the 1935 Constitutional
Convention, wherein though its enumeration is
silent as to foundlings, there is no restrictive
language either to definitely exclude the
foundlings to be natural born citizens.
(3) That Foundlings are automatically conferred
with the natural-born citizenship as to the
country where they are being found, as covered
and supported by the UN Convention Law.
(Questions by Judge)
Q: If the parents has never been known, what is then her
citizenship?
➢ Try to find a provision in the constitution and
there is none.
Q: Do we recognize Jus Soli in The Philippines?
➢ No, we don’t. It should not be the place of birth
to determine her citizenship by land relationship.
You have to establish that the mother was Filipino
in order to consider her as the daughter of that
Filipino.
Q: Since there were no applicable domestic laws, what
did she adopt?
➢ She generally accepted the principle of
International Law.
Q: What is that Principle?
➢ That International convention on “Reduction of
Statelessness”. The purpose of that Convention
was to reduce people who are considered as
“Stateless” because they can’t adopt for any
citizenship.
Q: How is this done Under this principle of International
law?
➢ There is this presumption that if a child is born to
unknown parent, then the child is considered as
citizen of the country where he/she is found.
➢ The presumption would be “That mother maybe
a citizen of that country otherwise she could not
have given birth to that Child in that country”.
9|P age
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
➢ They presumed that “The Child is Filipino because
the Mother was born in the Philippines,
therefore, the Mother being Filipino, the child is
Filipino too.”
Q: Why do we apply that law here in the Philippines
even though we’re not even signatory to comply with it?
➢ Under the 1987 constitution, it says that “We
adopt the Generally accepted principles of
International law as part of the Law of the Land.
Automatically, under the Incorporation Clause? (I
cannot hear her properly)
➢ In the absence of domestic law, you apply that
generally accepted International law as if it is a
domestic law.
➢ Hence, Grace Poe was considered as a “Filipino
Citizen.”
➢ This was supported by the fact that Grace Poe has
chinita eyes, pug-nose, and short stature. (Typical
features of a Filipino based on decision by the SC)
Take note that this recognition of “Grace Poe” as Filipino
Citizen from birth, was confirmed by the fact that she
was adopted.
Why? How that confirmed?
➢ Only Filipino children can be the subject for
adoption. If you are not a Filipino, then you
cannot be adopted.
Is it because of the adopting parents that are Filipino,
that makes her a Filipino?
➢ NO. From the very start, she is a Filipino.
Otherwise, she could not have been adopted by
Fernando Poe Jr. and Susan Roces.
➢ She did adopt the citizenship of her parents but
she is already a Filipino citizen by the time she
was adopted (Recognition by the state – Citizen
from birth)
➢ She does not have to be at war to perfect her
citizenship because from birth, she was
considered a Filipino citizen.
➢ Therefore, she is a “Natural-born citizen”.
Q: What provision?
- 1987 Constitution “Those whose mothers are
Filipino Citizens”.
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- 1973 Constitution “Those whose Fathers or
Mothers are Filipino Citizen”. (Grace Poe was
born under 1973 Constitution)
- Her mother is a Filipino, therefor, she is a Filipino
too by blood relationship (Jus Sanguinis)
(Emphasis by Judge)
Remember, Grace Poe grew up and she applied for a
Philippines passport (which can only be issued if you are
a Filipino Citizen). She did not have to do anything
because she is a Filipino Citizen already and was
recognized by the State.
Answer (Source: BATASNatin.com)
➢ Under the 1987 Constitution, international law
can become part of the sphere of domestic law
either by transformation or incorporation.
➢ The transformation method requires that an
international law be transformed into a domestic
law through a constitutional mechanism such as
local legislation.
➢ The incorporation method applies when, by
mere constitutional declaration, international
law is deemed to have the force of domestic law.
➢ Treaties become part of the law of the land
through transformation pursuant to Article VII,
Section 21 of the Constitution which provides
that “no treaty or international agreement shall
be valid and effective unless concurred in by at
least two-thirds of all the members of the
Senate.”
➢ Thus, treaties or conventional international law
must go through a process prescribed by the
Constitution for it to be transformed into
municipal law that can be applied to domestic
conflicts. (Pharmaceutical & Health Care Assn. of
the Phil. v. Health Secretary Duque, et al., G.R.
No. 173034, October 19, 2007)
CONSTITUTION
➢ Highest fundamental law upon which all the
activities of the government are based.
➢ Therefore, laws find their justification if there is a
conformity with the constitution.
➢ Decisions and acts of the President are only be
considered as “valid” if they are in consonant
with the constitution.
10 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Supreme Court
➢ To make sure that the constitution is followed by
everybody, they review those indiscretionary acts
by the President and that of Congress to be sure
that they conform with the Constitution.
Function of Court (1973 Constitution)
➢ To act as a “referee” in case of conflicting rights,
to settle disputes, applying the law as a basis of
that right.
➢ Judge: No longer review the acts of the President
or Congress or any legislature of that matter.
Function of Court (1987 Constitution)
➢ The Courts, especially the Supreme Court can
determine whether there has to be a grave
abuse of discretion on the part of the
President or that of the Congress that would
amount to lack/excess of jurisdiction
(Expanded Jurisdiction on Judicial Review)
Supremacy of the Constitution
➢ The basic and paramount law of the land, which
all other laws must conform, which all people
including highest officials of the land must defer.
➢ Even for grave abuse of discretion and improvised
by a Co-equal branch of government like of the
President or of Congress, it can still be reviewed
by the SC in order to assert not the superiority of
the Supreme Court, but the Supremacy of the
Constitution.
Justiciable questions: Questions involving
“Controversies” on contrariety of assertion of rights.
Based on existing laws or applicable rights of the
constitution.
PARLIAMENTARY SYSTEM OF THE GOVERNMENT
➢ There is supremacy of the Parliament and NOT of
the constitution.
Q: When there is a conflict or question on
Constitutionality of a Parliament act (low cast of the
parliament), it is brought to the court. Can the court
declare it as “unconstitutional” and remove it from the
books of the statutes?
➢ Not in the Parliamentary system, because the
Supremacy is in the Parliament. It is simply
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considered as “Contrary to the Constitution”
however, it remains in the book of Statutes.
➢ It is not being applied but it is still there in the
book of Statutes.
➢ It is not being applied, but it still exists because
it is not being modified.
➢ Indifference to the supremacy of the parliament.
KINDS OF CONSTITUTION
I.As to origin:
1. ENACTED/CONVENTIONAL CONSTITUTION
-enacted by a Constitutional Convention.
2. EVOLUTIONARY/CUMULATIVE CONSTITUTION
-a product of history
3. FIAT/GRANTED CONSTITUTION
-made by one sovereign for another
II.As to form:
1. WRITTEN CONSTITUTION
-not because it is in writing; codified
-all other sources are found in one single instrument
- Ex. Republic of the Philippines
CHARACTERISTICS: (Bar Question)
a. broad
-Has to cover the entire government, structure, and
organization.
b. brief
- Not a place for details, you can only have general
principles and the rest will be supplemented by the
statutes passed by Congress.
- Ex. Congress has the power to appropriate Public funds
for Public purpose (Does it state specifically for what
purpose is the project? – It does not specifically state,
because you’re limiting your constitution)
c. definite
- To avoid ambiguity and conflicting interpretations of
provisions of the constitution.
2. UNWRITTEN CONSTITUTION
-Sources are several written but are scattered
-Necessarily, not all parts are written, some parts are not
written
- Ex. customs and traditions, Constitution of Britain & UK
11 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
III.As to the manner of changing the constitution:
1. RIGID CONSTITUTION
-difficult to change. Not flexible
-must follow a certain procedure
(STAGES):
a. proposal
b. submission
c. ratification
Transcribed by: Rodelas, Legaspi, Samporna, Samaco
August 28, 2018
(RECITS)
Q: What is a constitution?
It is the highest fundamental law of the land.
Q: If a law passed by Congress will be in conflict with the
Constitution, which of the two will prevail, the
Constitution or the law that had been passed by
Congress?
➢ The Constitution.
Q: Now would your answer be the same if the system is
parliamentary and there is the dominance of the
parliament? Would it still be the Constitution to prevail
over a statute or an act that has been passed by the
Congress?
➢ The constitution, because basically it’s the source
or the reason why that statute is being passed.
Q: Basically, what would then be the purpose of a
statute that is passed by a legislature?
S: It would be.. it would serve like, statute would serve as
a.. like a definite or a specific law because basically the
constitution is like the general principles so when the
Congress or parliament passed statute or the law, it
serves to be like the specific law or statute.
Q: Can you give me an example of a general principle
that is provided by the Constitution where as you have
a statute that provides for the specific?
S: Uhm. Constitution. Right of Suffrage.
Q: Okay. That is provided by the Constitution. And what
would then be the statute in relation to that?
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S: They have specified the.. who will be their qualified
voters, the age, how the voting will be and the process of
voting, judge.
Q: The process of voting and how they will vote. Now,
we just limit ourselves on qualifications of a voter. To be
considered as such, the constitution has enumerated
what are the qualifications right? Now, can Congress
pass a law that would require other qualifications other
than those enumerated by the Constitution?
S: Yes judge.
J: They can?
S: Yes judge.
Q: So, even if let us say for example the Constitution
does not require educational, what do you call this, a
literacy requirement, if Congress will pass a law that
would require that should be able to read and write,
would that be in consonance with the constitution?
S: Yes, judge, because it would be unfair to those..
Q: Without considering the unfairness of it, okay? Just
based on the constitution that does not require literacy
as a qualification, and here is a law providing for basic
qualification as such that they’d be able to read and write.
S: No judge, because it is inherent to every Filipino for the
right to suffrage. So even though there are those who
cannot read or write, they still have the right to vote.
J: Now, without considering the rationale behind the
requirement of or non-requirement of literacy by the
Constitution, merely on the basis of what the
Constitution provides, can Congress pass a law then that
would provide for other qualifications other than those
that are enumerated in the Constitution?
S: I think it’s, if they can change or amend.
J: They can amend the Constitution by ordinary
legislation, is that what you’re saying?
S: No.
J: So how is it then? What would happen to that law?
Would that be a valid law?
S: I think as long as there are.. they still consider the
opinion of the people judge.
12 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
J: That is of the moment, you were like discussing that the
law has to conform with the constitution. Like you gave
me an example of qualifications of a voter as provided by
the constitution, that’s why I made up a follow-up
question whether Congress can pass a law that would add
to qualification that had already been enumerated by the
Constitution.
S: Yes, they can.
J: You may sit down, Ms. (called another student)
Q: There are different forms of Constitution, and how do
you classify the 1987 Constitution according to its form?
S: Uhm. It’s a written constitution, rigid and conventional.
J: You said what? Written?
S: It is rigid, conventional and written.
J: No I’m talking about form. I’m not asking you the other
forms or kinds of constitution according to how is it, the
sources of the provisions of the constitution.
S: It is written judge.
Q: It is written. When you say it is written, then the other
kind must be unwritten. So when a Constitution is
unwritten, does it mean that it is not reduced in writing?
S: No judge. It only means that the sources are scattered
or there is no single document, if it’s a written
constitution.
J: Okay. So you were saying earlier that the 1987
Constitution is written.
S: Yes judge.
Q: In relation to non-written constitution, why do you
say that 1987 is written?
S: Uhm. There is a single document.
J: There’s a single document? While an unwritten
constitution does not have?
S: Uhm. It does not come from a single document. It
comes from different sources for example judicial
decisions, statutes, not on a single
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Q: Now then, if your constitution in form is written, how
do you classify according to its origin? How was it made?
Where did it come from?
S: Uhm. It was, it was somehow came from the.. it
followed the US Constitution.
J: It followed the US Consti—in following the US
Constitution, how was the 1987 Constitution drafted?
S: It was enacted by the Congress.
J: It was Congress who made 1987 Constitution? Are you
sure it was Congress? Because there was no legislative
body at that time. Precisely they have to create a
Constitution because there was no legislative body under
Freedom Constitution. So how can Congress then make
the 1987 Constitution?
S: The 1987 Constitution arose from the revolution that
happened.
J: So it’s a revolutionary constitution then?
S: It arose after a revolution.
J: So after a revolution then so how do you classify it
according to origin? How was it made? Where did it come
from? You’re not sure how it was made? Following the
revolution?
S: Uhm it was made to.. The 1987 Constitution was
drafted in order to be the basis for the..
Q: Yes, they are already but my question is how it came,
how did this constitution come about? You may sit down
Ms. (Called another student)
According to how difficult to change the constitution,
how do you classify 1987 Constitution?
S: Ah the 1987 Constitution judge is rigid. It means that it
is difficult to change.
J: Why is it difficult to change?
S: Because it has a, it has to undergo a formal process.
Q: A formal process. What is this formal process that the
1987 constitution has to undergo before you can effect
an amendment or revision?
13 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
S: First, uh, there has to be a proposal then submission
then ratification of the revision or the amendment of the
constitution.
Q: In the proposal for amendment or revision, who can
do that?
S: The Congress or a constitutional convention or people’s
initiative.
J: People’s initiative.
Q: If Congress is going to propose, how is this done?
S: There has to be.. if the Congress is to propose a
revision, there has to be ¾ of the votes of the Congress
for a revision of or an amendment to the constitution.
J: How is this then different from the basic law making
power of congress? This power to propose changes to the
Constitution.
S: Come again judge.
Q: How is this different? This power of Congress to
propose changes to the Constitution as you said by ¾
votes from the ordinary legislative power of congress?
S: Uhm. It’s different because it.. ah usually the ordinary,
I think the ordinary uhm to have a institute ordinary
legislature would be 2/4 of the congress.
J: You said what?
S: 2/4
J: 2 what?
S: 2/4 of the votes
J: ¾ votes
S: Majority of the..
J: So are you saying that the difference lies in the votes
required in making the proposal for amendment and in
making proposal for legislative enactment? Hence the
vote? Now then, if Congress is to act as a constituent
assembly to propose changes to the constitution, would
that require approval of the president?
S: Yes
J: It would require?
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S: No judge. The congress.. To make a constitutional
convention, the congress..
J: I’m talking about congress because you said congress
can directly propose or it can be through a constitutional
convention because _ to this congress that is proposing.
Is that proposal for amendment or revision subject to the
reviewer approval of the president?
S: Yes judge.
J: It does? So it’s just like when they pass a bill for
legislative enactment before it becomes a law, it has to be
approved by the president is what you’re saying?
S: Uhm. I think no. I think it’s different.
J: Why is that?
S: Because uhm making a revision or an amendment to
the constitution you need to have a proposal to ratify it,
ay to submit it to the people..
J: So you’re saying that it’s the people that approves it and
not the president? Is that what you’re saying?
S: It has to.. I think it’s the people.
J: You may sit down MS.
Alright. We’ll continue this one guys.
-After recits –
All the sources of political law that we used as basis or
references in our understanding of the constitution are:
• The 1987 Constitution
• The previous constitution such as:
o The 1973 Constitution
o The 1935 Constitution
o The Treaty of Paris – that effectively
transferred sovereignty from Spain to the
US and which justified the passage of
organic laws by US Congress that are
important for the establishment of our
government starting with:
▪ The Philippine Bill of 1902
▪ Jones of 1916 and
▪ The Tydings Mcduffie Law of
1934
14 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
You might wonder then why the constitution is the
highest fundamental law of the land which all activities of
the government are based.
In other words, therefore, the action of the government
and its activities like making laws, implementation of
laws, interpreting the laws will find their justification in
there being consistent, being in conformity with the
constitution.
First and foremost, you should know the difference also
between an organic law and a constitution.
The organic laws then of the US Congress that provided
for the system of government, the structure and the
operation then of the government such as those three
laws that we were mentioning. How are they different
from an ordinary constitution?
First and foremost, they are similar in the sense that
they provided for a structure, an organization of
government.
The difference is that the organic laws were passed by a
legislative body such as the US Congress. And they are
therefore approved by the US Congress. Whereas the
Constitution is drafted particular individuals or group of
individuals subject to the ratification by the electorate.
The organic laws provided for in details of the system of
government whereas the constitution provide for the
principles underlying the operation of government.
➢ It is not a place for details. When you change an
organic law, you simply pass another law that
would repeal or amend it without need of the
approval of the electorate.
➢ Whereas, if you change a Constitution that still
has to follow certain procedure like __ subject to
the approval of the electorate.
How about a statute and a Constitution?
➢ You were saying earlier that even statutes must
conform to the constitution being the highest
fundamental law, basic law.
➢ So all laws passed by Congress should be based
upon the constitution because if they’re contrary
to the constitution, that can easily be remedied.
Either that the president will veto the bill and
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therefore cannot become a law or it can be the
subject of a judicial review by the courts and
declare it as contrary to the constitution and
therefore void.
So, therefore the general rule is all laws must or acts of
the president, and even the interpretations of the
supreme court must be in consonance with the provisions
of the Constitution.
If for example, the SC would declare a law
unconstitutional or it’s contrary to the constitution, that
is not an assertion of the superiority of the courts over
the other branches in the government. But rather, it’s an
assertion of the supremacy of the Constitution.
Earlier I asked an example of a provision of the
constitution that is provided in the constitution and you
passed laws on the basis of what the constitution says.
For example the qualifications of a voter, so there’s an
enumeration, you should be at least 18 years old,
registered voter, resident in the Philippines for one year
and six months in the place where he proposes to vote,
he must not be insane, he must not have been declared
to have violated his loyalty to the Republic of the
Philippines and so on and so forth. And that I ask what if
for example Congress would pass a law this time requiring
literacy as a qualification? Or perhaps qualification like
owning a property.
Do you know that 1935 Constitution requires that you
should have at least a property not less than 5,000
pesos?
➢ It’s your bond to make sure that you don’t have
flying voters. That’s good because if there is a law
that will support that then there is no violation of
the constitution. Like for example the amount
can be increased, if it does not state any amount
then the supplement would be by way of
legislation to implement that required provided
by the constitution.
➢ But if it says 5,000 and Congress now will
increase it to 10,000 then definitely that would be
contrary to the constitution. And that cannot be
allowed. When the constitution says there is no
requirement of literacy, in fact the constitution is
15 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
silent with regarding on the matter, on being able
to read and write, that is not so provided in the
constitution. So when the constitution is silent
that means it is not prohibited or that is not
required. In other words, only those that are
specifically so stated in the constitution. This time
Congress pass a law making it as a qualification.
If there is no prohibition against it then congress can pass
a law. But if there is such a qualification that what need
not be literate in order to vote then the constitution
requiring literacy would not be a violation of the
constitution and that cannot be allowed.
Then you ask the question, what is the difference
between the constitution and a statute?
➢ The constitution is practically made by the people
because without people’s ratification to that
constitution there can’t be a constitution.
➢ Whereas, statutes are made directly by the
legislators while the representatives of the
people.
So therefore, that would not require any ratification
or approval from the people because it’s understood
that since they are representatives of the people,
then it’s tantamount to having them been approved
by the people themselves.
You will know also that the constitution provides only
for guidance, principles. There’s no room for details in
the constitution.
Otherwise, you won’t have a constitution as thin as you
have. Because the thing is, if you are to put all the details
supposedly to accommodate the entire structure and
system of government, you’ll be limiting the government.
Like for example, when the constitution says that
congress has the power to approve the public funds or to
authorize the disbursement of public funds, you would
note that if you read the constitution, it does not state the
date, specific date and the specific amount, or what
particular public purpose is the money going to be spent.
There’s nothing in the provision of the constitution.
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So if you follow the principle that is applicable and
honoring in the present existing conditions and as well as
to future conditions for as long as you apply the
constitution.
Q: So then, how would you implement a particular
project when the constitution does not state the
specific?
➢ Now you have the statute.
So now, particularly, example the job appropriation act
is a law that authorize disbursement of public funds for
the operation of the whole government. We call it as the
GAA, General Appropriation Act. Now it is still pending
with the Senate, they cannot agree among themselves,
what will happen if it will not be passed for next year’s
fiscal year? That means the budget for this year will be
automatically be enacted the following year.
What would happen?
➢ The expenditures of next year will just be
denoted by the budget that has been approved
which is going to be automatically enacted should
there be no new budget in the appropriation acts
that will be approved.
To give you a concrete example, it would be not good for
the government employees. Why? In the next fiscal year,
budget supposedly we are expecting that we will enjoy
the full increase of our salary. Full tranche of our salary. If
that budget is not going to be passed, what will happen?
There’ll be no increase in our salary because we will be
operating on the basis of the old budget. And the old
budget is just the third tranche of our increase in our
salary.
So, it’s all limited. And it is very specific. It is only
applicable to particular existing conditions. You cannot
apply that to future conditions. You cannot go beyond
what is not so stated in the budget for this year and apply
it for next year.
Q: Another example, in the budget this year, it says that
DPWH can construct a bridge for 1 billion to be
completed within the year. They did not spend the
money. What will happen? Can they still use the money
for next year?
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
➢ Answer is no. That money will be returned to the
national treasury because the statute is so
limited, it is all supposedly to provide for the
details and it’s only applicable within existing
conditions, cannot be applied to future
conditions.
Q: Judge how about if unfinished lang ang project?
J: Oh well, that’s different. When you start it already then
you have to complete it to finish then the money need not
be returned. But still you are going to be spending within
the budget.
But if you’re not going to spend it at all, the money has to
be returned.
Supposedly like there is a budget for filling out of
vacancies in government offices and they did not make
any appointment to those offices or positions.
What would happen to the money that had already been
appropriated for that purpose?
➢ What they do usually in government offices, they
will consider that as savings and then they are to
transfer the budget to augment the items in the
budget. That is allowed if it is approved by certain
individuals. Otherwise, what would happen? The
money allocated for that purpose is to be
returned to the national treasury because the law
is very specific on how the money should be
spent.
So you will note also that in terms of changing the
constitution, it’s quite difficult in some instances because
you need ratification from the people.
➢ But statutes, if you’re going to change it either by
repeal or amendment, Congress can easily do
that by passing a subsequent law or another law
that will amend or either or revise or rather
abolish that law.
So let’s continue then according to the forms of
Constitution. The different kinds of constitution will
depend on the form. The origin and the manner of
changing it or even depending on the system of
government adapted.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)

So when the sources are found in one single instrument, powers to the government. You have to consider the
the form is written. But if the sources are scattered, then decisions of the Supreme Court vesting powers to the
the Constitution is unwritten. We said that the government.
Constitution of 1987 is definitely written because all the
And also then, you may source it from unwritten sources
provisions are found in one single instrument that is
like customs and traditions of the British people, form
codified. So it’s found in one book.
part of their Constitution which is unwritten, conventions
(28:57) and protocols – these are all unwritten but they follow it
as if it is the governing law. Do you understand?
Forms of Constitution
‘Example, they were saying that it’s not…nothing really in
The forms of Constitution, guys, can…or different kinds of
their law (32:00) that says if there is going to be a tie in
constitution…the form or the origin and the manner of
the election of the Prime Minister, it will be…who’s going
changing it or even depending on the system of
to break the tie? Out of respect to the monarch, it’s the
government adapted. So when the sources are found in
Queen of Great Britain that breaks the tie. There’s no
one single instrument… that is… the form is written. But
written rule regarding on that, but that has been the
if the sources are scattered then the constitution is an
practice. Do you understand?
unwritten.
In our case, it has to be all in writing. Otherwise, that
The Constitution of 1987 is definitely written because all
would be too dangerous. Any problems, any questions,
the provisions are found in one single instrument that is
clarifications relating to that? Do we understand each
codified, so it is found in one book…do you understand?
other on this matter?
If you want to know what are your rights, all you have to
Okay, so now…another form and kind of Constitution is
do is just open Article III. Then all your rights are
according to the Origin.
enumerated there. You know what ___ to like them for
you to know laws passed by Congress where your rights How did our 1987 Constitution come about? You may
are granted. (30:00) Or the Supreme Court decisions that even consider other constitutions in the past, how they
provide all your rights because all these laws and are made, were they enacted, made by Congress? Were
decisions from the Supreme Court actually are based on they made by a big individual or a group of individuals?
the Constitution. So laws maybe passed, like protecting (33:00) Okay?
your freedom of speech, like the Anti-Cyber Crime Law,
➢ From the First Philippine Republic.
do you understand here? Your libel laws, these are
statutes that ___ protection of your rights… do you Who was then the President?
understand here?
➢ Emilio Aguinaldo.
Or the decisions of the Supreme Court expounding the ➢ You recall that he declared independence from
extent of your exercise of rights that are guaranteed of
Spain on June 12, 1898. So our celebration of
the Bill of Rights – they form part of the provision of the
independence day is not that of our
Constitution by way of judicial decision. But definitely, the
independence from the US.
basic provisions are found in one single source. Do you
understand? ➢ It was the independence that declared by
Aguinaldo from the mother country, Spain. Do
On the other hand, an unwritten constitution is not you understand? And we celebrate that every
necessarily unwritten or not in writing. (31:00) Because year and you didn’t even know why are we
in fact, some sources are written. Right? The Constitution celebrating the independence day. You thought
of Great Britain…England. The Constitution is unwritten,
all the while that because we were independent
the sources are scattered. That if you want to know what
when the…the Americans granted us such. Okay?
are the powers of the government, you refer to the
Parliament Acts – laws passed by the Parliament, granting

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LABAN LANG.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Now, was there a Constitution under the first Philippine
Republic?
➢ There was. (34:00) There was a constitution.
How was the Constitution made?
➢ It was made by Felipe Calderon – an individual.
➢ And it was ratified by…not by the people, because
there were just a few of them who recognize the
first Philippine republic. It lasted only for a
month. Do you understand? It was kuno ratified
by the Malolos Congress - the legislative body at
the time. Do you understand? Now then, so never
mind the first republic. It didn’t register that law.
We had the second Philippine Republic.
Do you know who the president was in the second
Philippine Republic?
➢ Jose P. Laurel.
➢ And that particular government, if you can recall,
was established against Commonwealth
government. The Commonwealth government
came first before the second Philippine republic
(35:00) was established by the Japanese military.
Do you understand? So, they call it as the Banana
Republic. Or the Japanese-sponsored
government, do you understand? Okay.
➢ The president was appointed, not elected. There
was no vice president. Because there is no…no
problem with filling up the vacancy because after
all, the president was only appointed, do you
understand? Okay.
Was there a constitution at that time (Second Philippine
Republic)?
➢ Yes, there was.
Who drafted it?
➢ It was drafted by the Preparatory Commission for
Philippine Independence, alright? And ratified by
the Kapisanan sa Paglilingkod ng Bagong
Pilipino, or otherwise known as the KALIBAPI. Do
you understand? KALIBAPI. Okay? Alright?
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
And then, how about the Commonwealth government,
(36:00) that was then was then exiled in the Washington
DC? Who was the president?
➢ It was Manuel L. Quezon. Alright?
Was there a vice-president?
➢ There was. So who was the vice-president? Sergio
Osmeña Sr.
Was that Commonwealth based on the Constitution?
➢ Yes, it was. Pursuant to the Tydings-McDuffie
Law, the 1935 Constitution was drafted by the
1934 ConCon – Constitution Convention, do you
understand? And it was ratified by the people,
subject to the approval of the President of the US.
Because at that time we were not yet
independent. Do you understand? Are you
following?
➢ Then, we were granted finally our independence
by the US on July 4, 1946 (37:00) that led to the
birth of the third Republic of the Philippines.
Do you know who was the first president of the Third
Republic?
➢ It was Manuel L. Roxas, Osmeña lost to him.
Okay? And Manuel L. Roxas became the first
president…
Do you know who was the last president of the Third
Republic?
➢ It was Marcos who was the last president.
Was there a Constitution under the third republic of the
Philippines?
➢ Yes, there was. And what was that constitution?
The commonwealth was replaced by the Third
Republic.
➢ Well, you were granted independence in 1946.
You have a 1973 Constitution? And then you tell
me, ah, 1946 Constitution. Hardly, you may be
correct. But the thing is…these were the
amendments made to the 1935 Constitution, so
you still have the 1935 Constitution, amended in
1942 or the extension of the term of office of
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Quezon for two more years. And then in
1946…1947, there were amendments to the
Constitution, like for example there was a change
for the term of office of the president from 6
years with 1 election to 4 years with 1 re-election.
Do you understand?
(39:04) And then you had Bicameral legislature from
National Assembly to Philippine Congress. Do you
understand?
➢ This was in 1946. There was an increase in the
membership in the COMELEC. I think from 3,
then, they changed it like 7…7 or 9? I think there
were 9 members to the COMELEC. And then,
many other changes were made. Do you
understand?
That’s why sometimes, they describe the Constitution as
1947 Constitution but actually it refers to the same 1935
Constitution that was amended, do you understand?
And that was the Constitution that we had until Mr.
Marcos ran for president in 1965. That’s why, that’s four
years, his term would have expired in 1969, and since he
ran for re-election, his term would last unta, supposedly
in 1973. (40:02) But before that happened, he had the
Constitution revised. Do you understand? And to the
eyes, the 1935 Constitution, he made a new one. In 1971,
we had the election for the Constitutional Convention, do
you understand?
So, that’s why the question is who made the 1973
Constitution? Who made it? Marcos? Why Marcos when
you have the 1971 ConCon. Mao pa gani pag-istorya.
➢ That was the presumption before. You have
like…You’re not reading your history. Your history
is very rich, ‘kay? Come to think of it. Can you
compare the history of other countries? You read
your history. Gikan pa sa sultan, datu, hadji and
rajah, diba? You get in views with the history of
the European government kay gikan sa king,
duke, etc. palaces and Castles, it’s so romantic to
hear about the story. We don’t bother to read our
history. Why is that? We don’t bother reading
about our history. Because you’re not so proud of
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
our…what do you call it, your history? Your
heritage, you’re not that so proud. Mao na. Okay.
➢ Anyhow, going back to what I was saying here,
guys. It was presumed to have been drafted or
that it was made by Marcos, or at least under his
direction, because of that Constitution of 1935
was revised on September 21, 1972, Martial Law
was declared. Martial Law was declared, do you
understand? And then, there were members of
the ConCon who were against Marcos
administration, do you understand? So, because
they were afraid that they might get arrested,
they left the country or if not, they went into
hiding. Do you understand?
That Constitution, they said, was completed only
sometime in November 1972, when Martial Law was
already declared and they were saying that some of
them, in fact, the members of the ConCon, were already
put in the stockade, so how can they complete it, finish
it? Do you understand? That’s why the rumor, that it may
have been completed then by Mr. Marcos, because he
was so smart. Anyhow, well you cannot deny, still the fact,
that there was the 1971 ConCon (43:00). Do you
understand? You can only, like, surmise but that is not the
fact. The fact remains that there was 1971 ConCon that
was created for the purpose of revising the 1935
Constitution. And then the 1935 Constitution was ratified
by the Citizen Assembly on January 10-15, 1973. And then
finally it was declared to have been validly ratified by Mr.
Marcos on January 17, 1973 pursuant to Proclamation
1102. Do you understand?
After 1973 Constitution, what happened?
➢ Because under this Constitution that the election
was held and Marcos ran against Cory. Of course,
Marcos won in that election, do you understand?
(44:00) And because Cory cannot accept that she
didn’t win the election, a revolution in EDSA
occurred, not even the whole country. And then
they say, having taken over the government and
ousted the Marcoses, they were brought to
America. Do you understand?
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
And thereafter, what did Cory do?
➢ She issued Proclamation No. 3 – that is
promulgating the Freedom Constitution. The first
thing that she did was to abolish the 1973
Constitution. Because if she would not abolish it,
then she’s not the legitimate president, do you
understand? So it was abolished and then she
promulgated Proclamation No. 3.
➢ The system is the same except for the fact that
Congress, rather Interim Batasang Pambansa was
abolished. (45:00)
➢ There were still the Courts, she was then the
president of the revolutionary government. And
because it was revolutionary, and there was no
legislature, she exercised the legislative power
and issued another Proclamation No. 9 to create
a Constitutional Commission, do you
understand?
➢ Consisting of 50 members were appointed by her,
coming from different sectors of the society.
➢ These 50 members commission drafted a new
constitution which is the 1987 Constitution. And
then ratified on February 2, 1987 and declared
that has been validly ratified on Feb. 11 by Cory,
do you understand?
Okay. Now then, enumerating to you the history,
narrating to you the history of our Constitution, (46:00)
what is the common denominator? Is that Constitution
conventional or enacted, or is it cumulative or
revolutionary? Or is it a fiat or granted constitution?
Common denominator? The Constitutions of the
Philippines? The 1987 Constitution? Take note. Are they
enacted, do you understand? By the president? Or by
someone else? Or by a legislative body? Or made by a
constitutional convention, a ConCon? Do you
understand? Are you following here?
1935 ConCon. 1973 ConCon. 1987 Constitutional
Commission. So, it is enacted. Do you understand?
(47:00)
Should there be proposal for amendments in the 1987
Constitution, what does the law say? Who can propose
amendments or revision to the Constitution? And how do
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
you classify it according to origin? Do you understand? Do
you understand?
The Constitution says Congress can act as Constituent
Assembly to enact, to propose changes to the
Constitution. Or a Constitutional Convention that is
created by Congress through a law, do you understand?
Whose members…they would be appointed or elected
depending upon the law, do you understand here? To
propose the changes to the Constitution. Or otherwise
the people themselves can directly initiate amendments
ONLY to the Constitution of 1987, do you understand
that?
(48:08) Then, that means the Constitution being
amended, is what? Enacted or conventional, do you
understand? Are you following? Because a cumulative or
an evolution--, not revolutionary ha, evolutionary
constitution is a constitution which is a product of the
taking in and out activities of the government. It’s
cumulative of all laws that may be passed by a legislature
that will form part of the Constitution. And it is an on-
going process because in an unwritten constitution, for as
long as the Parliament, (49:00) they continue to make
laws, then they continue to make their Constitution, do
you understand? Besides, to adopt a practice as a
customary or convention, it has to be followed for a
number of years. Do you understand? In which case, it
may now become now customary and conventional, then
if they form part of an unwritten constitution, that
constitution is practically the product of the so many
years of practice of the State, do you understand? Or
protocol in that particular place. Do you follow here?
What about a Fiat or Granted Constitution?
➢ A fiat or granted constitution is a constitution is
made by one country for another country. (50:00)
Like for example, usually this happens when two
countries are in conflict in a war with each other.
➢ One is the victors, the other one are the losers.
Do you understand? And they will sign now a
treaty of peace who will guide the relationship
with each other, as the victors and the losers.
During World War II, who lost the war? It was the
Japanese. Do you understand? They were…one
time ra nga bomba. Then, they surrendered.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Diba? And the surrender of the Japanese to the
Allied Forces, particularly to the Americans…
What happened? A treaty of peace was signed.
And the treaty of peace guided the Japanese on
how they’re going to recover from the
devastation of that war.
(51:00) Similarly, the Treaty of Paris was a treaty of peace
between Spain and US, where we were ceded by Spain to
the US, do you understand?
➢ And we were already governed by virtue of the
Treaty of Paris by the US. The Treaty of Paris then
was our guiding principle on how we should
relate to the Americans. Do you understand?
Sabot? Very good. Isn’t that interesting? xxx
Okay, any problem, any questions any
clarification, guys? Do you have any question
regarding on that matter?
None. Let us then proceed to our recitation again.
(52:00) *Calls a student*
Question: When a Constitution is difficult to change
because you follow a particular process or procedure,
okay? And you classify our Constitution as difficult,
meaning as rigid constitution. How do you then adopt a
constitution after following the process? How do you
adopt it? When it becomes effective, alright? So
assuming that following the process, you have proposal,
submission and then you have the ratification now of
the amendment or the new Constitution? When will that
Constitution then take effect?
(53:15)
Answer: It will take effect after it is published…
Judge: It is published… so from the ratification, then it
has to be published where?
Answer: xxx
Judge: General circulation…
Answer: xxx
Judge: General circulation… So any law that the Congress
will pass, before it takes effect, it has to be published and
then fifteen days thereafter on the last day of the
publication, the law becomes effective. Is that…is that the
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
way also that should be done after ratification…that it has
to be published?
(54:10)
Judge: xxx When will it take effect after ratification?
When is the effectivity?
Answer: xxx
Judge: After the publication? Okay… Do you know if the
1987 Constitution was published? You don’t know? So,
how did you know that the Constitution is already
effective?
(55:03)
Judge: No, I’m thinking about the specific date of
effectivity. Because you were saying that it has to be
published. So there are dates of… xxx I thought it was
after publication, then why xxx. So, I thought… It should
be on the date of ratification.
Judge: What if you will be questioned on the ratification
of the Constitution xxx effectivity of the ratification…to
take effect on the date of ratification. When the case was
filed in the court ratification. Only after three years. xxx
Constitution to be considered effective on ratification and
not on the day of publication.
(56:28)
Judge: The declaration made by Cory on February 7, 1978
xxx ratified before 1978. So, are you saying now that the
day of ratification was not on February 7 but from
February 7?
Judge: Why?
(57:07)
Judge: So what if it was ratified on February 2 but you
can’t be sure that the ratification was valid until it was
declared by the president…and it was validly ratified?
Judge: You know that the 1973 Constitution took effect
upon the declaration of Mr. Marcos that it was validly
ratified in January 17, 1973 and not of the dates of
ratification sometime on February 10-15, 1973 by the
Citizen Assembly?
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Judge: Which is more logical? Date of ratification? Or
final declaration of the political sovereign… declaring
the constitution was validly ratified?
(58:00)
Judge: The date of ratification…because?
*Calls another student*
Judge: What is the difference between a state and a
nation?
(59:08)
Judge: What do you mean by the…it is a legal concept
when you speak about the state whereas nation is an
ethnic concept, can you demonstrate the difference?
Judge: What are the elements you are referring to?
Judge: And the what?
Judge: Government? Okay. Whereas the nation?
Judge: The population? Ah, affiliation? Affiliation of
whom? (1:00:00)
What is the difference between a state and nation?
A nation can exist without the 4 elements: People,
Territory, Government and Sovereignty as long as there
are people who assert their oneness, their unity in
tradition, beliefs, ideas and language.
Ethnic Concept. When you say ethnic you refer to what?
You are referring to a particular race.
Wearing of malong- a practice followed by a particular
group of individuals. One ethnic because they pertain to
a race.
A state cannot exist without the 4 elements.
So how many nations are there in the Philippines?
➢ One.
How do you call your nation?
➢ Filipino Nation. Christians and Muslims both
belong to the same nation, the same race.
During the Spanish period we did not have a government
we can call as our own but there exists already the Filipino
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
nation at that time only that we were not named as such,
but the people already share the same culture, ideals and
beliefs.
➢ We were called indios, meaning uncivilized
because they cannot give us a name as a group of
people sharing the same culture and tradition.
It is only during the American occupation that the concept
(state) came about, specially when they defined
relationship between the Americans and the government
at that time. So the concept of citizenship.
Ex. Jews. They are called wandering jews because they
did not have any territory. They go from one place to
another. They are everywhere in the world and at the
same time they have the same culture, beliefs and ideals
and then they are everywhere.
A nation can compose of several states and on the other
hand a state may compose several nations.
- Example is Arab nation consisting of several
states, that is United Arab Emirates. Another is
United States of America, one state composed of
many nations.
The kind of Constitution according to the manner of
changing it.
- Rigid and flexible.
The rigid constitution where you have to follow a
particular process of procedure before you can affect any
change
Difference between an amendment and revision.
The people may be authorized to initiate a change to the
constitution however it is only limited to amendments
they cannot make a revision.
How do you determine that the proposed change is an
amendment or a revision?
Two tests: Qualitative Test and Quantitative Test.
Qualitative Test
- goes into the principle underlying the reason for the
change that may result to an overhaul of the constitution
because they are practically changing the philosophy
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
underlying the operation, the structure or the
organization of the government. You are practically
change all the provisions relating to it and also changing
the relationship of the government and the governed.
When you change a lot of the provisions quantitative
wise that is a revision but if you are only changing a
portion or portions of the constitution that is just an
amendment.
Ex. When you authorize the foreigners to acquire lands in
the Philippines. You did not change the government. Only
that from being prohibited now they can acquire lands in
the Philippines it does not change the relationship of the
government and the governed- Amendment.
Changing the term of office of the President. It does not
affect his relationship with the legislature or even with
the Supreme Court and the People in general-
Amendment.
But if you are going to adopt a new system of
government. From Presidential to Parliamentary-
revision.
Under the Constitution, who can propose?
Because the process is first there must be a proposal and
then once it is final drafted will be submitted to the
people for further studies and discussion then after they
can go to ratification.
Proposal
The 1987 Constitution provides the entities who can
propose:
1. Congress, acting as a constituent assembly.
2. Constitutional Convention.
3. People
You can notice that the president is not among those who
are allowed to propose any amendment or revision. But
you will also note in your history that the 1973
Constitution was amended by Mr. Marcos when he
lowered the retirement age from 70 to 65. He was
exercising legislative power because there was no
legislature at that time until the constitution was again
changed by him to create another legislature to serve as
the legislative body.
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
And then during the time of the Freedom Constitution
promulgated by Cory Aquino because there was no
legislative body.
Then the 1987 Constitution was drafted in accordance
with the mandate under Cory. This time should there be
any amendment or revision then we follow the procedure
as provided by the constitution.
1. Congress, acting as a constituent assembly. Do you
know that congress is not just a law-making body? It can
also serve as a Constituent Assembly. CON ASS. It has two
major powers:
a. Law making power.
b. Its constituent power that is proposing changes in the
constitution.
The difference between the two is, whatever proposal
they are going to make in the legislative enactment would
pass through the president for his approval. And if they
act as a constituent assembly they are supreme in the
sense that they are accountable to no one. Meaning their
proposals are not subject to the review and approval of
the president. They are independent and supreme within
their own sphere.
Proposals are not even subject to judicial review
because that is discretionary to congress acting as a
constituent assembly.
Substance wise of the proposal not subject to judicial
review. But if procedure is not followed in adopting that
proposal that requires for example ¾ of the votes, like if
they only obtain majority then that is subject to judicial
review.
The question however is, it says ¾ of all members of
congress and yet it did not say voting separately. Clearly
the House of representatives has more members than the
Senate. So that it is possible that the House of
Representatives can reach ¾ votes even if all of the senate
does not vote for such petition.
Some comments on “¾ votes of all members of congress”
should it be voting jointly or separately. It is misleading
and is misunderstood by the members of the
constitutional commission when they drafted that
provision of the constitution that maybe they forgot that
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
congress is not unicameral. And that they just copied the
provision of the 1973 constitution.
Then with regards to this issue there would always be a
question in the Supreme Court with regards to the
procedure on the proposal. Not the proposal itself
because that is beyond judicial inquiry. It is a political
question. The legislature as representatives of the people
are supreme and sovereign in making any proposal or
changes or revisions to the constitution.
Transcribed by: Alvez, Ebal, Balagtas, Whim, Go,
Queenie
Discussion on the Procedures to change the
Constitution 9/3/18
Judge Singco: So you have proposal, submission, and
there is the ratification. On proposal guys we said
basically there are 3 entities who can make a proposal,
you have Congress acting as a Constituent Assembly or a
call for a ConCon or the Constitutional Convention. We
have the people who can directly propose through
initiative but only on amendment. If the congress will act
as a constituent assembly, that will require ¾ votes of all
the members of Congress to make that proposal. And as
we said, logically it has to be a voting separately because
the Senate will be superseded by the House of
Representatives because it has the number. But you must
note that Congress is not only compose of the House of
Representatives but also compose of the Senate. So that’s
why I believe that it should be voting separately when
they decide to make a proposal.
Or if they do not want to propose and they would
instead refer it to a Constitutional Convention. What
would they do?
That would require 2/3 votes of the members of Congress
to create a Concon and call for an election or maybe they
will be appointed as members to the concon to save
money. It depends on the vote that created the concon.
So that would require 2/3 votes. And if they cannot again
decide whether to call for a concon or for them to act on
a constituent assembly then they may refer it to the
people for them to decide. And that would require
majority votes of Congress to call for a referendum and
ask the people whether or not they will have a concon to
propose the changes of the constitution. And I also
explained to you guys when Congress act as a constituent
assembly, it is powerful. It is supreme within its sphere.
And therefore their proposals are not subject to any
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
judicial review. Same with a concon, they are not subject
to judicial review. In other words, the substance of a
proposal cannot be reviewed by the courts especially by
the Supreme Court because such a constituent body may
it be Congress of concon is given the supreme power to
make that proposal.
So as I was saying earlier on proposal, how can you
differentiate the function of Congress as a lawmaking
body and as a constituent assembly?
➢ As a lawmaking body, it makes laws. And their
proposals for legislative enactments are subject
to the approval of the President. So they have to
be submitted to the president for his signature. If
the president for example, does not like it then
the president can always veto it.
On the other hand, when Congress acts as a constituent
assembly, their proposals do not pass to the president.
➢ It will be submitted to the people. Not to the
president.
➢ When congress acts as a constituent assembly, it
can authorize a disbursement of public funds for
the expenditures that would be incurred in the
revision or amendment of the constitution. But
if Congress is not acting as a Constituent
assembly, it cannot authorize the disbursement
of funds for the amendment of revision of the
constitution as the powers are assigned to
Congress as a legislature or a lawmaking body.
Now then, since you have people to propose. How do
people propose changes to the Constitution?
➢ It can only be possible, first and foremost, there
has to be a law to provide for the procedure. And
so RA 6735 was passed supposedly to provide for
the mechanism on how people can directly
propose amendments.
➢ However, in the case of Santiago v. COMELEC,
Supreme Court found that RA 6735 was
insufficient to provide for the procedure.
➢ Nonetheless, in the case of Lambino v. COMELEC,
the Supreme Court has emphasized that the
matter of proposing by the people will depend on
political will. So meaning, if really the people as
the sovereign would insist on proposing the
changes to the constitution, they may do so
provided that…
FOR EH 308SYSTEMReviewer
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What are the requirements that need to be established
as required for the petition?
➢ The petition for proposal for changes, if people
are to be the authors, they must represent 12%
of the total registered voters nationwide. And
each legislative district is represented at least by
3% of it registered voters.
For example, in the province of the City of Cebu, there are
about 10 districts.
➢ Each legislative district must be represented by
3% of its registered voters of the 12% total
registered voters required in order to sign the
petition. So 12 and 3 percent should conform
with each other in order to validly initiate a
proposal of amendment to the constitution. And
it was further held by the Supreme Court that if
people are to be the authors, they must file the
petition themselves so that they should have as
many petition as the number of registered voters
signing the petition.
➢ And the Supreme Court also emphasized in the
Lambino case, should there be any changes
proposed by the people, that they should only
include those that would amend and not revise
the constitution. So you have the distinction
between the quantitative and qualitative test
whether it is a mere amendment or it is a revision.
Now then, another case that you should take
note is the case of the Province of North Cotabato
v. the panel of representatives coming from
government in signing the MOAD for the
establishment of the Bangsamoro Juridical entity.
You will note that during the administration of
Arroyo, there was already the signing of the
agreement between the Muslim representative
and the government that the Bangsamoro will be
established.
So what happened to the MOAD? It was then challenged
as to its constitutionality.
➢ Firstly because the system of government as
provided in the 1987 Constitution is unitary.
There is no place for a substate within a state.
Should there be an adoption or recognition of a
substate like Bangsamoro Juridical Entity, you
need therefore to amend the Constitution in
order to implement what was agreed upon
between the president and the Muslim
representative. So if it is then when President
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Arroyo signed the MOAD, Pres Arroyo practically
proposed amendments to the Constitution which
is not allowed under the 1987 Constitution
because there are only 3 entities who can
propose: Congress, ConCon, and the people
through initiative.
Then after the proposal, what will happen next?
The proposal will be submitted to the people for
deliberation. It is up to now to the people to discuss about
it the pros and cons of the adoption of the amendment or
a revision. The only requirement here is should there be
any proposal to changes, the entire proposal should be
submitted to the people so that they will have a better
view or a relationship among the proposed changes to the
constitution so that they can effectively decide whether
to approve or reject it. So there cannot be an installment
bases of submitting any proposal for changes to the
constitution.
Now then, after the submission, what will happen?
➢ It will now be deliberated upon by the proponent
to call for a plebiscite in order to approve or ratify
the constitution.
➢ So this plebiscite is a kind of election but unlike
the election where you elect people, you vote
for the candidates, whereas in a plebiscite there
is only a question of whether or not to approve
the constitution. It is just a yes or no. And
because of that, it need not be held in a separate
election.
➢ It can be joined in a national election for
governmental elections or a special election, we
call it a plebiscite. I think the 1987 Constitution
had a separate, yes it was separate. 1973 also
separate. But there were amendments that they
had not approve not in a separate plebiscite in
the 1973 constitution but approved at the same
time there was a governmental election. So it is
possible to save time and money, they can have
the election and at the same time a plebiscite.
Now then, how many votes are needed in order to adopt
the amendment or the revision to make it effective?
➢ You need majority votes of the people who cast
their votes for that purpose in that plebiscite. So
it’s not based on total registered voters but based
on those who cast their votes needed to have the
majority.
FOR EH 308SYSTEMReviewer
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Is this question on the validity of the ratification subject
to judicial review? Is it subject to review by the courts?
So for example you question about the manner of the
ratification whether the majority really was obtained. Is
that subject to review by the courts or ultimately by the
Supreme Court? You will note that in the case of 1973
Constitution all the ratification cases which questioned
the validity of the ratification of the 1973 constitution
were dismissed. What was the reason? That these are
political questions beyond the ambit of judicial inquiry.
This has been changed under 1987 Constitution. If the
question is pertaining to the procedure of the ratification,
then the question is subject to judicial review filed by any
citizen of the country. So see the difference of the
substantive proposal not subject to judicial review for
that is a political question. But if it has something to do
with the procedure either in the proposal, submission, or
ratification that would be subject to judicial review. This
time, it is no longer a political question and any person
who is a citizen of this country can bring up the matter to
the Supreme Court for judicial review.
Then the question, when did the 1987 constitution take
effect?
➢ If you base it in history, you will know that 1935
constitution took effect on the date of
ratification. How about the 1973 Constitution? It
took effect on the day that Mr. Marcos declared
that it was validly ratified on January 17, 1973.
Supposedly, the ratification was held during the
period of January 10 to January 15 (not sure if it
was really on the 15th. Inaudible). And then on
the 17th , then Marcos declared the Constitution
to have been validly ratified pursuant to
presidential proclamation no. 1102.
Next question now, if you are to base on history, when
did the 1987 Constitution take effect? Was it on
February 2 when it was ratified or was it on February 11
when Cory Aquino declared it validly ratified?
➢ Before February 11, you cannot be sure if the
Constitution was validly ratified. It was only on
February 11 that there was a confirmation that
indeed the 1987 Constitution was validly ratified.
And thus the issue in the case of De leon v.
Esteras. You will note in the case of De leon, there
was the removal of the brgy. Captain and his
kagawad by the governor. Under the
Constitution, the governor has that power. Under
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
the 1987 Consitution, that power was revoked
because according to the Consitution now, the
Congress must take hold of the offices until the
next election. And that brgy. Captain was
removed on February 9. If the Constitution took
effect on February 2 then the removal is
invalid.The constitution took effect on February
11. What did the Supreme Court say according to
that matter? According to the Supreme Court, the
Constitution took effect on the day it was ratified
so that the declaration of the president on the
valid ratification was merely a confirmation. But
actually, the effectivity should take effect on the
date of the ratification. Why did the supreme
court decide in manner? Because the
Constitution says so. According to Sec. 27, Art. 18,
any amendments or revision shall take effect on
date upon ratification by majority vote. So should
there be any amendment or revision of the form
of government to a federal system, the effectivity
should be reckoned on the date of the
ratification.
Discussion on the Elements of the State 9/3/18
Judge Singco: as we study political law, we also study the
elements. As the law revolves around the elements of the
state: people, territory, government, and sovereignty.
Nation and state can be used interchangeably. Is the
state synonymous to the nation? Are they the same?
➢ The words are used interchangeably in the
international law.
Can the state exist in the absence of any of the
elements? It can’t because it is a juridical concept. For
the state to exist, it must have all the elements. What
about a nation? Can a nation exist without territory,
without government or without the enjoyment of
sovereignty?
It can exist for as long as there is this group of people
having the same ideals, culture, tradition, etc.
A state cannot exist at least without a nation because
nation is composed of the people whereas nation can
exist without being a state.
FOR EH 308SYSTEMReviewer
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So you apply it in your own. How do you call your state?
Your state is called the Republic of the Philippines. It
refers to the political entity having the four elements.
How about your nation? What do you call your nation?
➢ Filipino nation.
How many nations do you have?
➢ You belong in the same nation regardless of you
being a Christian or a Muslim. It is just a matter of
beliefs.
➢ But when you say nation, it is the matter which
refers to your ethnic or race. The state can
compose of many nations like for example, Great
Britain. You have Scottish, the English, and the
Welsh. You can also have a nation consisting of
many states like the Arab nation or the United
Arab Emirates (UAE). Or you have the German
nation with several states. They used to have East
and West. I don’t know what happened. They are
now 1 state and 1 nation.
People: pertains to all inhabitants or residents of the
country.
There are so many meanings of the same term “people”
in the constitution depending on how they’re being used
or within what context of the provisions of the
constitution.
There is no requirement as to the number it states only
“more or less numerous”. It could be a small population
like the Vatican which has only a thousand bishops and
priests. As long as it would perpetuate, it can survive for
a number of years.
Or it could have a big population like China. China
practically consists one-half of the world’s population
that’s why it is just like they who have this policy of one
child policy.
One Child Policy: It means that the government do not
anymore support a child, I mean a child that is more than
what is required or allowed the government. It’s very
expensive because you have to be really work hard to
feed for that child because the government is not going
to support that child.
As long as the states can support and can sustain and
provide for a number of years, it does not matter how
many people you have in the country.
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Exclusive economic zone: the source of controversy
between us and China over the Scarborough Shoal
because it is claimed by China in the South China Sea, now
we are referring to it as the West Philippine Sea.
Territorial Sea: So you have sea waters around between
connecting the islands, how do we consider them? Are
they sea waters? Of course they are sea waters. If you are
to cross the waters going to Bohol, that’s sea waters diba?
Between Bohol and Cebu, do you understand? Now, are
they considered as territorial sea? The answer is no. We
have to adapt another doctrine and that is the
archipelagic doctrine then what we have will be the sea
waters only along the coastline and to that extent the
international law allows the coastal state to have
jurisdiction over the sea waters which is twelve nautical
miles from the low water mark, beyond that they become
international waters. We can’t apply that in our territory
because there are islands that are separated by more
than twelve nautical miles from each other. So you say
twelve nautical miles from Bohol, twelve nautical miles
from Cebu it became international waters and then if you
are to follow the ordinary concept of the rights of a
coastal state, we won’t be creating international pockets
of international waters within our territory. That’s the
reason why the sea waters in between and connecting
the islands are considered now as fluvial waters. They’re
treated like rivers, lakes swamps and canals. The rivers for
example dividing France, Switzerland, my god is so huge.
They’re bordered by the rivers. So they’re so wide and so
huge and ilahang rivers it’s like the Atlantic Ocean or
Pacific Ocean guys (exaggerated lang?) the only
difference is still waters, ang dagat, it’s huge.
Territorial domain: the sea waters connecting the islands
and then we consider the separating the territorial waters
and now the territorial waters.
When you apply for a territorial domain you draw a
straight line connecting the outermost point of the
outermost islands.
➢ All the seawaters inside are considered as
internal or archipelagic waters and then outside
of the state line, you declare the low water mark
of the outermost island. And from there, you
count to twelve nautical miles.
Now the controversy that we had with China has nothing
to do with the archipelago. It has something to do with
the Scarborough Shoal that was considered as a regime
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of islands separate from the main archipelago. That
Scarborough Shoal also has its own coastal waters, twelve
nautical miles; it has an exclusive economic zone which
according to China has entered practically in their own
exclusive economic zone. Suffice to say, the territory may
consist of a terrestrial domain, you have fluvial domain,
you have aerial domain, and the maritime domain.
Government: is a juridical agency of political institution
to which we render a habitual obedience through which
the will is carried out.
➢ Now basically, the government as an agency is
there to serve and protect the people. They carry
out our will.
How do these three powers relate with each other? How
does the national government relate with the local
government? How do these people or the change-how
do you change people in the government or are people
in the government chosen or how do you transfer
powers of one administration to the next or from one
generation to the next, or according to how legitimate
or lawful the government that is existing?
➢ So you have according to number of rulers,
according to Aristotle, you may have what we
call, a monarchial system of government,
aristocracy, or you have democracy.
Dictatorial System of Government or Authoritarian
System of Government:
➢ So who is an example of that was the Marcos
Government.
➢ Under the 1973 Mr. Marcos was the president
and at the same time the prime minister.
Was there a legislative body, there was none for some
time. So what happened?
➢ He appointed upon himself legislative power
because there was no legislative body, not to
mention there was Martial Law and that justifies
his exercise of legislative powers. Even the
creation of the Imperium of Batas Pambansa, he
continued to exercise legislative power to the
extent that the power weren’t legally shared
between Mr. Marcos and the Imperium of Batas
Pambansa. That’s legislative power.
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Did he exercise judicial power?
➢ Actually, yes he did.
How?
➢ Remember, he was the Commanding Chief of the
Armed Forces of the Philippines and during his
time, any criminal case involving violations of
cause relating to national security and peace
and order of the country, jurisdiction is with the
military courts.
➢ So if you’re charged with rebellion for example,
or even illegal possession of firearms in
furtherance to the crime of rebellion or sedition
for example.
Where do you file the case?
➢ You don’t file a case or affidavit in court, you file
it with the Military Tribunal. Who reviews the
decision of the Military Tribunal, not the civilian
court such as the Supreme Court, the decision is
with the Commander in Chief of the Armed
Forces of the Philippines. Mr. Marcos can
exercise, all the three powers: the executive, the
legislative, and judicial.
Question: Is that a violation of the Constitution of 1973
in the exercise of power to Mr. Marcos?
➢ Of course not! All his powers are granted to him
by the Constitution.
➢ That is why he described his government as
democratic dictatorship because it was based
upon a Constitution ratified by the people.
➢ For a constitutional authoritarianism, the
powers vested to him will be all the powers of the
government but it is constitutional because the
powers were granted to him by the constitution.
That’s how smart he was. Very smart, no one else
like him.
Aristocracy: So because of complaints and abuses
committed by these Kings during those Olden Times, it
was decided that there must be some people who should
share with the powers to check with fiscalize the ruler. In
Parliament, instead of having a single person to rule the
society you now have a few people ruling the society
under an aristocratic system of government. These few
people could be the richest in the society if not the most
intelligent or otherwise the strongest in the
community. What happened is these rich people would
become abusive as well, eventually.
FOR EH 308SYSTEMReviewer
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Oligarchy: the perverted form of aristocracy. Instead of
aristocracy, you have oligarchical system of government.
In modern times, it is called a totalitarian system of
government.
Democracy: They are all people practicing to rule, now
people directly ruling the country. When people directly
exercise the powers of government, that’s pure
democracy where people directly identify themselves as
government. But that applies only to a scarcely or a barely
populated state. It’s impossible to amend that type of
system in a highly populated place like ours. So instead
we have this Republican by electing representatives to
the government and the government to us. So the idea of
indirect democracy has been conceived sometimes we
call it Republican or a representative kind of democracy.
This is mostly a government according to the people. It’s
a government by, of the people.
Question: What happens?
If you allow people to directly exercise the powers, then
they might do whatever they want. Instead of
establishing a democracy what is established is a
mobocracy. It’s that perverted form of direct or pure
democracy.
Oral Recitations Questions 9/4/18
Q: According to the relationship of the three branches in
the government how do you classify the form? How
many branches in the government?
S: We have 3 branches: The Executive, Legislative and
Judiciary
Q: How do they relate with each other in terms of the
system of government we have today? What is the
system?
S: Presidential system
Q: Why is it Presidential?
S: It is Presidential because the President exercises the
executive power..
Q: Only?
S: Yes
Q:Now what about the two other branches in the
government?
S: The Legislative branch creates the laws and the
Judiciary applies the laws.
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Q: In the exercise of their respective powers, what is the
principle that they are observing? And what interferes in
each other’s exercise of their respective powers?
Like the making of laws for example, can the President
[appeal] upon the Congress, being the head of the political
party dominating the Congress, what laws are to be
passed or enacted?
S: With regards to the exercise of powers, one branch
cannot interfere with function of the other.
Q: Why not?
S: It’s the exercise of the Separation of Powers
Q: Why are the powers separated from each other?
S: The powers are separated so that they cannot abuse
the function of the other…
Q: Because of the possibility of abuse that may be
committed by one of the branches of government, like in
the making of laws for example, the President cannot
interfere in the making of laws by Congress?
S: In that sense, The President can, in the exercise of his
executive power, can veto the proposed law by congress.
Q: Will the veto power of the President then, negate the
equality of power among the 3 branches, considering that
he will be overruling a law that had been proposed by
Congress which is a co-equal branch of government?
S: No. There is no interference of powers but there is an
equal exercise of power because the legislative has
already done its part which is formulating the law itself
and the executive in his exercise of power is already in the
implementing stage of the law, so there is no interference
and there is an exercise of equal powers of those powers.
Q: How do you differentiate between Presidential and
Parliamentary?
S: Presidential type of government, the President exercise
the administrative whereas the legislative does the law-
making and the judiciary applies the law. While in
Parliament, the Executive and the legislative are
exercised by one department.
Q: What do you mean by exercised by one department?
What department are you referring to?
S: The Executive
Q: You mean in the Prime Minister in the Parliamentary
System exercises both powers, Executive and Legislative
Powers?
How can the president exercise both powers?
S: By being able to pass laws
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Q: Prime minister can pass laws as well in a Parliamentary
form of government. What else? What are the
differences. In a Parliamentary system of government,
can a President be removed by the legislative body?
S: Because he can be removed by impeachment
Q: Can the Prime Minister in a Parliamentary System be
removed by the Parliament?
Q: According to relationship between National and
Local, how do you classify the forms of government?
S: The forms of government according to the forms of
government are Unitary and Federal.
Q: How would you classify the Philippine Government?
The present governmental set up? Why? Illustrate.
S: It is Unitary because the powers are controlled by the
National Government, there’s only one central
government. All of the government processes are under
the National Government. The Local government units
only have limited power.
Q: Give me an example of a power that all depends on
the National government.
S: Like budget of the departments.
Q: The other departments belonging to the executive
branch are under the National government. Give me an
example of a relationship between national and local
where local government do not have the power because
the power is in the hands of the National government.
Can the local governments make the laws independent
of the National government?
S: There are laws that can be implemented within the
locality.
Q: Now we’re talking about making of laws, can the
Sangguniang Panglungsod make a law contrary to the
existing laws passed by Congress?
S: No. Because all of the laws would be created or
implemented in the locality should be in concurrence or
should not be contrary to the national laws or the statutes
passed by the Congress.
Q: So what’s the point of granting police power to LGU
when they cannot even make their own laws?
S: Because there some needs of the people in the locality
that are specific to the people.
Q: Say for example, the rampant problem with illegal
gambling, in the locality…Can the Sanggunian of that
locality pass an Ordinance prohibiting all forms of
gambling?
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Preferably that is for the promotion of public welfare,
public morals protection and promotion of public safety.
Could that be a valid ordinance?
S: There is already an existing Ordinance that all forms of
gambling is…
Q: Is valid? Is it valid?
Q: If there are two governments existing at the same
time, how may you classify the forms of government?
S: They would be a de jure and de facto government
Q: Let’s have an example, during the Japanese
occupation there were two governments, one of the
Commonwealth government and the other one was the
Second Philippine Republic that was sponsored by the
Japanese. Which of the two is a de jure government?
S: It is the Commonwealth
Q: The Commonwealth is the de jure one? Why?
S: It is ruled or governed with the consideration of the
people unlike the de facto wherein it is ruled or governed
with force. Like in the Presidency of Marcos, where he
exercise[d] his…all his rights in running the government.
Q: If the Second Republic was the de facto government,
what happened now to the laws of the Commonwealth
government? Were they still valid and binding during the
Japanese occupation?
S: No. Laws [during] in [the] Japanese occupation are
[were] abrogated.
Q: So if you have a note contracted during the
Commonwealth and then there was a (___) by the
Japanese and thereby a statute movement (?) that
would not enact because the laws governing that utang
are abrogated.Is that what you are saying?
S: Yes, judge.
Q: What happened after the presumption of the
Commonwealth? What happened to the Japanese laws?
Or laws that were passed by the Second PH Republic
upon presumption of Commonwealth?
S: I think that those laws under the Japanese government
was [were] abrogated and it’s [were] no longer binding.
Q: So the same with the Commonwealth laws during the
Japanese occupation, they too were abrogated? By the
Japanese?
S: I think that for the Commonwealth government, it is
[was] suspended while during the…when the time the
Japanese government…turnover.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)

Continue the discussion of the DIFFERENT FORMS OF Supreme Court. Such would negate the subdivision of the
GOVERNMENT powers or the equality among the three branches in the
government.
We will have the Bourgee (bourgeois)classification,
according to relationship among the three branches in President as Head of the Political Party
the government. For example, even the president is head of the political
party that dominates the Congress because most of the
The three Branches of Government: members of the come from the same political party in
• Executive that case is being headed by the president, the President
• Legislative cannot dictate upon Congress what laws to be passed. As
1. Judicial far as Congress is concerned, the power is plenary,
absolute to them, without intervention of either branches
in the government.
Branch Power Head
Supreme Court cannot compel Congress to pass laws
EXECUTIVE execute or President The Supreme Court cannot also compel Congress to pass
implement the law laws which Congress does not like to make. Because they
are independent from each other, they are co-equal
branches in the government.

To give you specific examples:

LEGISLATIVE make the law Congress/
National Where there is a declaration of unconstitutionality of the
Assembly act of a branch because of a violation of the separation
of powers:
JUDICIAL apply or interpret the Supreme Court
law and apply it in (as the highest 1) DAP (Disbursement Acceleration Program)of former
actual cases or affiliate court) Pres. Aquino.
controversies
Ø Why was it declared unconstitutional and thereafter he was
charged with usurpation of legislative function?

Under the Constitution, the power to authorize the

Presidential System of Government
disbursement of public funds is vested in Congress. So
ang mag-buot in giving the authority of spending the
money of government is Congress. It must always be
supported by law, should you make disbursement of
public funds.

What is this concept of DAP?

• three branches are co-equal
• they do not interfere in each other’s functions
• They do not co- each other’s powers because the
powers are granted to them by the people
o with the people electing to office and them
serving their office with fixed terms
What the President did was to get all the monies from the
different departments under him and put them all in one
fund, this is the DAP. Then authorize the expenditures of
these funds for projects and purposes not even mentioned
in the General Appropriation Act (GAA) which authorizes
the expenditures of funds for the operation of the
government in general.

So therefore, it is not for Congress to interfere into the In other words, ang nag-buot of the disbursement is the
powers of the President and neither President can President using the funds allocated for the Executive
interfere with the functions of Congress or that of the
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LABAN LANG.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
branch and worse, even use those funds for expenditures,
for projects of other departments, like you have
legislative department or COA, even the Judiciary have
been shared with those funds coming from the Executive
branch without authority from Congress.
In effect, the President was appropriating the funds,
which power is exclusive to Congress.Thereby usurping
the function of Congress and violating the separation of
powers.
What is supposed to be the role of the President in so far
as the GAA that authorize the disbursement of funds?
It’s for him to implement it and not to determine for what
project the fund should be spent because there is already
that law which they should have followed. That law is the
authority for the disbursement of public funds.
2) Pork Barrel
Ø What is the Pork Barrel? Why was it declared
unconstitutional?
It was declared unconstitutional because its Congress
that now, who were spending the discretionary
funds.Their assigned discretionary fund to fund projects
of their districts according to the needs of their districts.
And that money is already appropriated and included in
the GAA.
The ones who determine how the funds should be spent,
supposedly, is the GAA that was passed by Congress, that
authorized the disbursement.
Before ang mabuhat ra sa Congressman is just to simply
identify the project and recommend it to the President.
The actual disbursement of funds and identifying who the
persons to whom the money will be given is with the
President because it is supposedly the President who
executes the GAA which includes the disbursement of
funds for those projects recommended by the
Congressman.
What happened?
They (Congress) were the ones who implemented their
Pork Barrel by particularly not only identifying the project,
even to whom it will be assigned or for how much, and
that by usurping the power of the president by usurping
the GAA and violating the Separation of Powers.
32 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Theoretically, ideally: in a Presidential form of
government, there should be independence among the
3 branches because they are co-equal.But the possibility
of one becoming more powerful than the other is not
evoked. Ngano man?Because the powers are absolutely
assigned to them.
That making the laws, exclusive to Congress. What is
Congress passes a law that is contrary to the
Constitution? Who would check Congress if the power is
absolute without checking or any limitation? That
Congress if not checked can become even more powerful
than the two other branches in the government.
What if it will pass a law that says: ‘remove the Prime
Minister or the President’ or ‘those who are absent this
evening shall be put to death tomorrow’
If there is no limitation or checking of the powers, then
you will have the dominance of Congress thereby
violating the equality among the 3 branches.
________________________________
Sept. 4 First Half Part 2
The three branches must check each other’s powers
making sure not one of the branches becomes more
powerful than the rest thereby protecting the people
from any arbitrary control by any of these branches in the
government.
How is this done? When laws are made, proposals are
what we call bills. Bills do not become laws unless they
pass through the president. If the president thinks that
the bill contradicts to the Constitution or against public
interest then the President can always exercise his
prerogative which is veto power. Once he vetoed the bill,
that bill may not become a law.
Will that power to veto by the President absolute? No.
The Constitution also provides that the veto power of the
President can be overridden by 2/3 votes of both houses.
Whether the President likes it or not, it becomes a law.
If the executive and legislative both abuse the exercise of
their powers, who’s going to check them? The Supreme
Court exercising judicial review because if the SC says that
Congress is right then the law is passed and if the SC says
that the President is right in his veto thereby declaring the
law unconstitutional.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)

You will note that in a presidential system of government,

Will that be an assertion of superiority of the court? No
but rather it’s an assertion of the supremacy of the
Constitution that maintains the balance and
independence of the three powers of the government.
it is the most adversarial and stressful form of
government. Among the 3 branches, they always check
on each other, they’re always suspicious of each other’s
motives on the possibility that the other branch may be
usurping the functions of the other or intruding or
overreaching the exercise of their prerogative.

Differences
Presidential Parliamentary

Three branches of the Fusion of two powers usually executive and legislative; dominance of
government that are co-equal: the members of Parliament
Executive, Legislative and
Judiciary

President directly elected by Prime Minister is chosen by the parliament and parliament members
the people are chosen directly by the people

President has a fixed term of Prime Minister has indefinite terms of office
office

Congress cannot oust the Prime Minister stays as long as he holds the trust and confidence of
President the members of the Parliament. The moment the Parliament
expresses no confidence to the Prime Minister then he can be
removed through the vote of ‘No Confidence’.

President cannot dissolve Prime Minister is given such power to dissolve the Parliament should
Congress much less remove they can’t agree on certain issues.
any of its members

Relationship between national and local government

Counterparts
National Local

Executive: Executive: Governors in provinces, Mayors in Cities/Municipalities, Brgy Captains in

President barangays

Legislative: Legislative: Region Assembly, Sangguniang Panlalawigan in the provinces,

Congress Sangguniang Panlungsod in the cities, Sangguniang Panbayan in the municipalities
and Sangguniang Panbarangay in barangays

Judiciary: Judiciary: Municipal Trial Court, Regional Trial Court, etc.

Supreme Court

Philippines has a unitary type of government wherein all leaving local government dependent on the national
powers are concentrated in the national government government. The national government does not transfer

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LABAN LANG.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
the power to the local government. There may be
autonomy but there is no decentralization of powers.
What is decentralized is merely the administration of
their affairs, in other words, division of labor.
In the matters of making laws, local government can’t
passed laws in contrary to national laws passed by
Congress.
Is an ordinance on prohibiting gambling in certain
municipalities valid?
• No. Example was a case in Cagayan de Oro
wherein their local government prohibits the
operations of casinos. Ordinance was deemed
unconstitutional because PAGCOR (Philippine
Amusement and Gaming Corporation, a
government-owned and controlled corporation
established through the Presidential) is created
by law that allows the operation of these
casinos.
Bottomline, local government cannot pass a law that is
contrary to existing national laws passed by Congress.
Unlike the federal system of government, local and
national government can pass their laws independently.
Example is the government of the United States of
America. If you passed the bar in one state, it doesn’t
follow that you can practice law in another state. In
some states, taxes are high meanwhile on other states,
taxes are low.
Their only limitation is not to pass a law that is contrary
to the Constitution.
As of now, we do not have an independent local
government, not even Bangsamoro juridical entity.
The only way to implement the Bangsamoro Juridical
Entity to be independent from the national government
is to adopt a federal system of government.
For now, the Bangsamoro Government can only be
created in theory as an autonomous region just like the
ARMM, although it is declaring its independence from the
National Government in asserting their identity and the
right to self-determination.
As long the 1987 Constitution exist, where this is no
amendment or revision to adopt a federal system of
government, we do not recognize any sub-state within a
34 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
State. There is only one state, the Republic of the
Philippines. BJE will only be autonomous and not
independent from the State.
There are other forms of government according to
legitimacy.
These differences of governments find a significance only
when there are 2 governments existing at the same time
because if there is only one government, there is no point
in making decision. There can only be one legitimate
government.
If there are 2 governments existing at the same time then
one of which must be a de facto government (established
against the rightful authority without the consent of the
people).
De jure government is a government that has the
support of the people, or at least the majority of the
people. It was established with the consent of the people
or at least with the consent of the rightful authority.
A de facto government is the exact opposite of de jure
government. It only exist in fact but not in law because it
does not have the support of the people and it does not
have the consent of the rightful authority.
There are 3 kinds of de facto government:
1. Government that usurp the power of on existing
legitimate government by force or by voice of majority
and maintaining itself against that government.
Ex. A military junta government trying to
overthrow an established government which leads to
having 2 governments: (1) the incumbent government
administration and (2) a government that is run by a
military junta.
Ex. After a coup d’etat a revolutionary
government is established against an existing legitimate
government.
Bottom line to consider it is a de facto is “maintaining
itself against an existing established government.”
• If there is no existing government that the de
facto government or the other government that
usurped the power of the government then there
can only be that government and there is no need
to make a distinction whether if it is de jure or it
is de facto.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Who was the duly elected president and vice-president
of the 1973 Constitution?
• It was Marcos and Tolentino. They were the
legitimate president and vice-president under the
1973 Constitution premised on having won the
elections in 1986.
Basing it in the 1973 Constitution, Cory did not win the
elections. The people instead directly seized the power
from the Marcos Administration and installed Cory to be
the President.
Was there the Marcos gov’t that the Cory
Administration is maintaining against?
• Considering that the Marcoses fled to Hawaii,
there was no Marcos Government that was left
that the Cory Administration is maintaining
against. Therefore, you cannot consider the Cory
government as a de facto. Even if it was
revolutionary, people took away the power from
an abusive government and installed Cory as the
President.
What may have started as a de facto may graduate into
being a legitimate (de jure) government.
• This gov’t had the support of the people who
participated in the EDSA revolution. It was then
recognized by the national community as the
legitimate government.
• This was manifested subsequently by the
ratification of the 1987 Constitution by the
people, so that the government of Cory this time
is not just based under the freedom constitution,
a revolutionary government, but under the 1987
Constitution which embodied the will of the
people because they are the ones who ratified it.
The Cory gov’t continued to exist with the consent of the
people and thereafter there was an election to confirm,
elections of gov’t officials in accordance with the
Constitution. There was then no doubt that the
government of Cory became de jure and not a de facto
government.
2. Government that is established by the inhabitants of a
territory to rise an insurrection against the colonizers.
Ex. The 1st Philippine Republic of Aguinaldo,
however was short-lived. Practically it was de facto.
Because the government declared independence from
Spain June 12, 1898. However, it was not recognized by
35 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
the international community so it died a natural death
after a month.
3. Government that is established by paramount force
where the victors of the war established a government
in a defeated or subdued territory against a rightful
authority. It is a belligerent government because it is
against a rightful authority.
Ex. During the Japanese occupation, there were 2
governments at the same time: (1) the Commonwealth
and (2) the 2nd Philippine Republic.
The Commonwealth was established with the consent of
the US, who had the rightful authority, not the Filipino
people, because the Filipinos were not yet independent.
Q: How do you know if it was with the consent of
the US?
A: It is with the consent of the USA because, as
established by the basis of the 1935 Constitution, which
was drafted in accordance with the Tydings McDuffie Law
which, was passed by Congress under the Treaty of Paris,
was given that power to determine the Civil and Political
status of the inhabitants and the Philippine Islands. So
that was then the de jure government.
On the other hand, the 2 nd Philippine Republic that was
headed by President Laurel was established by the
Japanese Imperial Army. It was sponsored and controlled
by the Japanese military. This is the reason why the
government is sometimes known as the Banana Republic
because it was under the control of the Japanese Military.
Q: How do you classify its existence as a form of
government considering that there was already the
Commonwealth government with the consent of the
rightful authority?
• The government under the 2nd Philippines
Republic cannot be ignored because they are the
ones controlling the affairs of the island. They
have controlled major provinces of the island.
They have directly expressing the powers of the
government but they don’t have any legitimacy.
They only existed in fact but not law.
On the other hand, the Commonwealth Government
existed in law but not in fact because it cannot directly
exercise the powers due to the presence of the Japanese
in the islands. The government sponsored by the
Japanese was established by paramount force, it was
belligerent because it was against the rightful authority.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Q: Since the people were caught in a crossfire, which
laws should the people obey? Would it be laws of
Congress and the Commonwealth or laws of the
Philippine Republic? Are Filipinos that time still bound to
follow the 1935 Constitution or they are subject to the
laws of the Japanese sponsored government?
During this period there were obligations governed by
laws, like contract of loans, or any other kinds of
obligation and there has been an adjudication already
rendered based on the common laws of the
Commonwealth as regards to the rights and obligations
of the parties to that contract.
The laws passed by the Commonwealth that are political
in nature.
Q: What are laws that are political in nature?
A: Laws that define relationship between the government
and the governed or that law that has something to do
with the government or anything pertaining to the
government is a political law.
The 1935 Constitution is a political law.
Q: What will happen to laws that are political? Will it be
abrogated or abolished?
Ex. There was no transfer of sovereignty from the USA to
the Japanese so these political laws are not automatically
abrogated. They are merely suspended. However, non-
political laws like civil laws or penal laws, already passed
by the commonwealth government, they remain good
and valid unless they are repealed by the 2 nd Philippine
republic.
The debt in Commonwealth government is still a debt in
the Japanese government unless the laws governing the
debt is repealed by the 2 nd Philippine Republic.
When there is no change of sovereignty, political laws
are merely suspended. If there is a change of sovereignty
then political laws are automatically abrogated.
Spanish laws governing the inhabitants of the Philippine
Islands upon the transfer of the sovereignty to the US
were automatically abrogated. They then ceased to be
the rulers in the Philippine Islands. But the Código de
Penal remains valid and binding even with the transfer of
sovereignty. Some of these laws are being adopted to our
present penal laws.
Q: What happens to the laws passed by the 2nd Philippine
republic? Are they still good and valid even with the
36 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
assumption of the Commonwealth government? Can
you make a distinction?
A: Political laws passed by the 2nd Philippine Republic are
automatically abrogated, abolished upon liberation. But
for Non-Political Laws: Municipal Laws consisting of Civil
Laws, Commercial Laws, Penal Laws, they remain good
and valid and therefore binding, unless they are repealed
by the Commonwealth Government.
➢ Non-Political Laws are laws governing the
private. Even if it is an ordinary non-political
decision or laws that has been violated, during
the Japanese occupation, when tainted with
political complexion, then like any political law it
is automatically abrogated.
Citizenship as defined is political, and as a citizen of the
country, the Filipinos owe allegiance to the US, because
Filipinos are not yet independent from them that time,
to the Commonwealth government.
Political laws are suspended for as long as the Japanese
were still in the island.
An exception to that, even if it is political, owing
allegiance to the commonwealth government is
permanent and it cannot be suspended.
Q: What if the government is established by terrorism?
A: It is a de facto govt. if there is a legitimate govt. that it
is maintaining against. If a govt. is established by
terrorism, it can only be considered as a criminal act or
terrorism. The govt. established by terrorism cannot be
recognized by any govt. nationally or internationally. The
govt. shall not be held liable for any acts resulting from
terrorism.
Example: The NPA have their own govt. & courts. They
have been declared as terrorist not a rebel group. If they
were recognized as a rebel group, they will be considered
as a belligerent group and their govt. may be recognized
by international standard. Their acts will be considered as
a rebellion against an established government.
Note: In establishing a de facto government, it has to
have control at least on major cities and provinces
effectively controlling the State. The NPA on the other
hand, have no control over major cities and provinces.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Arroyo’s Presidency was not about de jure or de facto
government. There was a declaration by the SC that
Estrada resigned. Under the Constitution, it is automatic
that if there is a vacancy, the vice-president shall succeed
to the presidency. Therefore there’s no question that the
administration was de jure.
Q: What is the difference between a Civilian Government
and a Military Government?
A: A Civilian Government is a govt. run by civilians not by
the members of the Armed Forces.
Q: How about during the Martial Law?
A: It is a Civilian Government. The civilian authority was
assisted by the military to enforce the laws to make sure
peace and order be restored.
Q: What is a Military Government?
A: Involves two states. One is the victor state while the
other is the defeated state or the subdued territory. The
government established by the victor state on the
defeated state is considered as a military government.
Example: Spain lost to the U.S. and the treaty of Paris was
signed and executed. The Philippines during that time
experienced a military government.
Other forms of Government:
• Bureaucratic System of Government- this govt.
consists of different agencies, subdivisions, and
instrumentalities of the govt. where you have to
pass from one branch/office to the other. Usually
controlled by the super rich in the country.
• Constitutional Government- based upon the
constitution.
Manner of transferring powers:
1. Elective- powers are transferred after the
expiration of a term of office to the next
successor if they are chosen through an election
(either direct or indirect).
Direct- exercised here in the Philippines.
Indirect Election- done through an
electoral college.
37 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
2. Hereditary- when powers are transferred by one
generation to another. Powers are inherited by the
successors.
Example: The Monarchy in Great Britain
FUNCTIONS OF THE GOVERNMENT
CONSTITUENT OR GOVERNMENTAL
a compulsory function of government that is
something to do with the legislative, executive,
legislative powers. The very bind of the society which
the government is deal with
executive functions are:
-keeping of peace and other in the society
-providing protections to the people against violence or
robbery of the properties.
legislative functions (by passing the law)
-defining legal function between husband and wife or
between children and parents
-defining those acts considered as crimes and provides
for the penalty (pass penal laws)
judiciary function
-determine what are the rights and obligations of the
parties under the contract
-insured the administration of justice.
MINISTRANT OR PROPRIETARY
promote public welfare which is optional.
Function undertaken by the corporations. To promote
charity, public works or provide for public services which
other private companies may also performed.
Government also engaged in a business
example
Eduction (obligation of the government to provide for
free)
- state university, operated by the government
performed proprietary functions.
Insurance (those who are less in life)
private insurance company cost expensive premium
while there are low premium— SSS and GSIS engaged in
business.
before: Government have a choice whether to provide
for that kind of services or not
under 1987 constitution it has been
changed.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
now: government is mandated to promote social justice,
improved the standard of living of those
less in life and protect labor.
distinction between the governmental and proprietary
becomes blurred and both are obligatory in order to live
in a decent life
in terms SUABILITY
— governmental functions are immune from suits
proprietary functions are suable
STATUTES OF LIMITATION in terms of time,
time does not run from the government because
they are sovereign unlike proprietary
functions applies and suable against them
— government performed governmental function
cannot sue the states
— agencies of the government performing proprietary
functions are suable
example:
occupying a land owned by the government in a
sovereign capacity, will never acquired the land even
how long you stayed including the occupancy in the
premises because time has never to run against the
government.
If it where a property owned by the state in
describing a capacity or proprietary like in property of
GSIS, continueosly, adversely, openly against GSIS after
30 years will owned the property under the acquisitive
prescription.
when government performing a governmental function
sue individual is it subject to filling fees and court fee?
- NO, because it is sovereign .
but if the entity is performing a proprietary function it is
subject for fees and other court fees.
example.
GSIS against _____ . if GSIS did not pay would
act prosper? NO. because GSIS in not performing
governmental functions and therefore should pay the
fees, failure to pay the filling fees it may cause the
dismissal of its complaint
Filing a complaint for damage against the private entity
subject to pay filling fees will it prosper?
YES, because it is performing governmental function.
38 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
PARENS PATRIAE
government acts as a protector and the guardian
of those who cannot protect themselves: under
disability due to age, gender, due to some disability
those are mentally challenge and physically challenge.
CASE: CABANAS v. PILAPIL, 58 SCRA 94
-case about the illegitimate child and the father died
with insurance and stated in his last will of testament all
property will go to the minor illegitimate child and made
his brother as the executor.
under the existing laws “wish of the
deceased” have to be rejected because it
must to be complied with but it was contested by
the mother of minor saying she has the better stand to
protect her child, uncle is just the collateral relative.
mother of the child went to the courts
and to stiff relief and ask to be appointed
as the guardian of the minor’s property.
S.C decided with standing the last will of
testament in favor of the mother
because S.C acting as paren patriae and
convinced that the mother compared to the
uncle is more competent to protect the interest
of the child and promote what is bet for the
child.
purpose of protecting the interest those who cannot
ordinarily protect themselves without the state
intervention.
IMMUNITY OF THE STATE FROM SUITS
State sovereign is cannot be sue without its
consent. it is known as the “Royal Prerogative of
Dishonesty” on the part of the state.
In view of invocation of immunity from suit is not
allowed to prove that thing against the state because
state can never be do wrong to any person then there is
no basis to sue the states.
why should the state made a law that allow you to sue
it? statue is stupid:)) enough to allow any preson to sue
it for damages. state would be busy it making suits
instead a ruling its job.
how would you know that an action is against the state?
court should dismiss it out without waiting to motion to
dismiss or waive until a motion to dismiss is filed by the
Solicitor General.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Writ of execution
Q: will this kind of procedure apply to the government
where the plaintiff has proven its claim against the state
on the assumption that consent was given to sue the
state?
Can you ask for a writ of execution? Always remember
that these payments are not private funds hence you
cannot ask for a writ of execution. The proceeding from
a suit against the state will only be until revision of
judgment even if it has become final and executory.
Because it needs to request for approval/consent from
congress to allocate appropriate funds for the payment
of award that was issued by court. And because of this,
we cannot relate it to private cases because there is the
presumption that the state is insolvent. All money
deposited in the bank by the government are all
EARMARKED, hence the due process for request.
-What is the remedy then?
Money claims – ask COA, ask for a clearance. If there’s
no money ask the implementing agency to give you a
copy of the clearance (ex, DPWH) then the agency will
submit to DBM. When the budget is prepared by the
president, they will include the remedy in their budget
(ex. DPWH) “for the payment of a court order against
DPWH” president will submit the budget to congress for
them to make a law for the authorization of the budget.
• What about if it’s from Local government? – Still
need authority to disburse money. A request to
the Sanggunian to pass a supplemental budget.
If they refuse, you can file a mandamus case
against Sanggunian to get authority to disburse
funds.
Suability VS liability
Even if there was a proven valid claim against the
government it does not necessary follow that you can
force the state to pay. Because you need consent of
congress to disburse money.
Q: if a parcel of land was confiscated by the DPWH or by
LGU for the relocation place for squatters, there was
already an appropriated amount for 1M but the court
39 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
says the property is worth 2M and judgment is final. Can
you execute the 1M that was appropriated?
A: You don’t need a writ of execution. All you need is a
court order to release the money. For the remaining
balance, you still have to follow the process for approval
of appropriation of funds. (Appropriation law from
congress)
- Always remember that this immunity from suit is a
consequence of the state being sovereign. If the state
cannot be sued because it is sovereign the same
principle applies to foreign states which may be involved
in cases/action in relation to the performance of its
governmental functions
Ex. Vatican is a state, they entered into a contract to sell,
to buy a land to establish their official office in the
Philippines. The contract stipulates the full payment will
be made only after all the squatters and structures are
cleared for the construction of their building. However,
the seller was not able to comply and demanded the
payment. They were not paid. They sued Vatican.
Q: will the case prosper? Considering Vatican is a State
and therefore sovereign and immune from suit.
A: you go by the nature of the contract, is it a business
or governmental? In this case it is governmental.
Therefore the case will not prosper.
Mentioned CASES:
• DIZON vs UP
• ARIGO vs SWIFT
The giving of consent by the State expressly, take note
that in the bar examination guys, that consent can only be
given by Congress. Meaning, it is only through a law that
a consent may be given by the State to let someone
against the State.
• The law that may be passed by Congress could be
a general or it could be a special law.
• The Supreme Court emphasizes that there
should be giving of consent by the State can only
be done through legislation.
Example: Department of Agriculture entered into a
contract with a private entity.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
In their contract, they have agreed that in case of
violation or breach, the party shall have recourse with
each other. Meaning, should the government violates the
contract, then, the other party may sue the State that’s
for the DA as it was agreed expressly in the contract.
Question: Will that action now prosper against the
Department of Agriculture should that be a violation of
the contract by the DA?
➢ No because a contract is not a law. Even if it was
expressly stipulated by the parties. A contract is
not a law. It may be a source of obligation but
definitely not a law. A law is something that is
passed and enacted by the Congress.
Another case is during the time of Cory Aquino where a
father was shot by the Armed Forces of the Philippines
while they were holding a rally against the
administration where he is a member of farmers of
Hacienda Luisita. Many of those farmers died, if not,
were injured.
• The President is compelled to make a
pronouncement that the investigation be
conducted to who is responsible and those
responsible be held accountable. Do you
understand? :D
On the basis of those Presidential pronouncement, the
family now of those who died and got injured file a suit
for civil damages against the officers of AFP.
The basis of being that is there was consent on the part of
the State or a waiver of immunity through the
pronouncement of the President.
Question: Is there contention?
➢ No because there is no…. made by the highest
civilian authority of the State. The President is not
a Congress. It has no immunity from suit. Still, it
should be Congress and Congress only to give
that consent.
Do you understand? :D
Now then, let’s have some examples of general laws
where the State has given its consent to be sued.
40 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo?
LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
➢ Commonwealth Act 327
➢ P.D. 1445 otherwise known as “Auditing and
Accounting Code of the Philippines”
There, the State has given its consent but with one
condition: should your claim in the nature of money
arising from a contract. The law states that before you
file an action against the State, you must first file your
claim in the Commission on Audit.
Why?
• Because COA has the exclusive power to
determine whether the expenditure is
reasonable and in accordance with law.
• Because even then it is in accordance with the
law, you don’t need to sue the government
because COA itself will order the government to
pay.
• But in the event it is found to be irregular or
anomalous, then of course, COA has to do its job
by either suspending the expenditure or totally or
entirely disallow. Once COA does that, now you
will have a recourse to sue COA including the
government. This time to refer to Supreme Court
a petition for certiorari.
This was just in the last bar exam: the PNP entered into a
contract with a supplier for a raincoat. Now then, it has
been agreed that in the case of breach of contract, the
action or the suit should be filed in Manila where the
supplies. Now then, the PNP after all receiving the
raincoats and after lapse of period and became due, did
not pay the supplier. So naturally, the supplier was
compelled to file a collection of sum of money. Instead
of filing it in Manila, the supplier filed the case in the RTC
Cebu.
Question: Will the action prosper against the PNP?
➢ It will not prosper because the case is filed in the
wrong venue. It should have been filed in Manila.
That is a rule of procedure.
Why would you not wonder why a rule of procedure is
being asked in political law not in remedial law?
➢ That is in remedial law, it is not applied because
this is a political law subject that you are being
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
asked. It must have something to do with a
political principle
PNP generally is government. Is it suable or not? It is not.
It is an unincorporated agency. As a rule, it is not suable.
Exception: Unless the government gives its consent to
be sued.
In this case, was there a law where the State has given
its consent to sued?
➢ Answer is yes. Because this is a money claim
arising from a contract.
What law should run?
Thus, it should be PD 1445.
What is that condition before you can now sue the
State?
➢ File your money claim first COA.
In this case, was there money claim filed with COA prior
to the filing of the case?
➢ There was none. Because the State is immune
from suit.
Do you understand? :D
Another instances where under existing laws, State has
given its consent to be sued.
Do you remember the acts of special agent. As long as it
is an act of special agent, the State has given its consent
to be sued under Article 2180 of the Civil Code.
There is also a provision under the Civil Code on courts
“nga if mahog ka sa manhole because it was not covered
due to act of negligence of agency of government”, you
have a recourse against the government.
R.A. 7160 insofar as Government Code is concerned, the
LGUs are suable whether they are exercising
governmental or proprietary functions. It would give
anyone the consent to sue the LGU.
Example: Merritt vs. Government of the Philippine Islands.
In this case, the guy was riding on his motorcycle but was
bumped by an ambulance owned by the Veterans
hospital. He filed a complaint for damages against the
41 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
hospital but was dismissed because it is immune from
suit. He asked an authority from Congress to let him
prove his claim and was granted by way of special law
authorizing him to sue the State.
On express giving of consent, there is no problem
regarding on that because it can easily determine.
The problem in the bar exam questions would normally
ask on acts of government where government would
have impliedly giving its consent to be sued.
For instances:
EXEMPTIONS
1.When the government commences the filing of a
complaint against a private individual or initiates the
filing of the government against the private individual or
even any ordinary individual, the defendant that you are
suing may also file a counter claim against you.
➢ In another words, when the State initiates the
filing of complaint for affirmative relief, the
government has opened itself to a counter claim
suit.
Example: It is the function of the PCGG to recover the ill-
gotten wealth of Marcoses.
➢ They suspected that the corporations owned by
the Benedictus are actually owned by the
Marcoses. So, they sequestered the shares of
stocks of the corporations. They were contesting
on who were actually the owner of the
corporations. It went to the Supreme Court and
the Court ruled that the corporations are actually
owned by the Benedictus and not by the
Marcoses. Because of the superstition, the
Benedictus suffered damages because the PCGG
took over.
What did the Benedictus do after the dismissal of
the complaint against them?
➢ Now, they invoke the immunity from the suit
because the office is an unincorporated agency
and thus not immune from suit. By initiating the
filing of complaint for affirmative relief, the State
is considered to waive its immunity from suit.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Affirmative relief is when you are asking for positive
relief for the recovery of ill-gotten wealth. It could be in
terms of money or property.
Another case: Juan borrowed money from the bank. He
used his vessel as a collateral as guarantee for his
payment. Juan, however, failed to pay. So what did the
bank do?
➢ The bank is processing the foreclosure of the
vessel so that it would be sell in public auction
and apply the proceeds to the loan. But before
the bank could do that, now the government
intervenes in the case as a complainant in
intervening or protecting their interest in the
vessel that belongs to the government.
➢ Because of the intervention complaint, the bank
wasn’t able to foreclose the vessel because the
case is still pending in the court. Supreme court
decided that the vessel actually belongs to Juan
and not to the government. When the bank
already wanting to get the vessel and sell it in a
public auction so that the proceeds be applied to
the loan of Juan, they cannot find anymore the
vessel because it was lost. They have no way to
get paid by Juan because the vessel is lost.
Question: Can the bank run after the government?
Because if it were not the complaint of Juan against
the foreclosure, the bank would have been paid.
This is now the counter claim of the bank against the
government. Will the action prosper?
➢ Supreme Court said that the government is still
immune from suit. The purpose of initiation for
filing of complaint by the government is to resist
the claim against it or to protect interest of the
subject of litigation. Which in this case, the State
has not waived its immunity against a suit.
2. When the State engages purely in business.
➢ If the business of the government is merely
incidental to performance of governmental
function, then definitely the State is still immune
from suit.
42 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
Example: Bureau of Customs engages in arrastre
business.
➢ It is still immune from suit because it is incidental
as to their operations. Not unlike kung magtukod
ug barbershop ang PNP, nothing to do with
maintaining peace and order, the State is
considered to waive its immunity from suit.
Case of Camp John Hay
They have restaurant, now a hotel, so
that the military men can have R n R after coming
back to the Philippines after wherever they were
assigned. Now, naka kontra siguro to nila ang chef
sa restaurant, gi ihian ang soup of one of the
customer. It was discovered and the person sued
Camp John Hay, military facility owned by the US,
for damages.
Of course, the Court said na “kining Camp
John Hay is not incidental to any of its
performance of governmental function which is
a military function.
What eating has to do with protecting the
sovereignty of the US?” Do you understand?
Thus, it was allowed to sue the government of US.
It is similar to a case where an unincorporated
agency but engages purely business, definitely
notwithstanding, the fact that it has separate and
distinct personality from the government of the
Republic of the Philippines, but the act has
impliedly given its consent to be sued.
3. When the government enters into a purely
commercial business contracts.
Example: you will procure computers because the
government is thinking of putting up an internet
café. Do you understand that, guys?
➢ It has nothing to do with performance of a
governmental function. The contract is purely
business and commercial which is making
money. Thus, the State is suable. It is considered
the State waived its immunity from the suit.
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España
Another example: Philippine Information Agency,
has its function of communicating programs,
projects and services of the government to the
public, to raise revenue entered into a contract
with ABS-CBN for the promotion of the fight of
Pacquiao against Mayweather in the Philippines.
Do you understand? Okay? Now, the fight has
already been done yet the ABS-CBN has not been
paid.
Question: Can ABS-CBN sue the unincorporated
agency, PIA?
➢ Yes. Because the contract entered is purely
commercial business. Do you understand?
4. Finally, in appropriation where the owner of the
property was not paid with just compensation,
then the property owner can sue the
government or the State for payment of just
compensation for reason of equity and justice.
The Supreme Court was saying that eminent
domain power should not be used as a tool to
oppress any property or owner that would cause
injustice to the property owner. Thus, those
property owners who were not paid just
compensation may sue the State. Do you
understand?
The principle is when the government
expropriates a property, it is presumed that there
has been appropriation of public funds for the
payment a just compensation.
➢ So, when you sue the State, it would not
necessarily require anymore for the government
to make an affirmative act for such appropriating
fund because there is already an appropriation of
the funds. Only of the funds that have been
appropriated by the Congress may not be
sufficient to fully pay the just compensation.
Because after all, it is not Congress that
determine just compensation. It is the court that
decides.
43 | P a g e
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LABAN LANG.
Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)
➢ So, it is only possible that the court may award a
higher price of just compensation than the
amount that was already set aside for the
payment of just compensation by Congress. Do
you understand? Thus, precisely you can sue the
State for payment of just compensation even if
it is not clear that the consent has been given.
Do you understand? Any problems, questions
and clarifications relating to that? Alright.
Now then, finally, once you have proven your claim,
what to do next?
Then, the court would render judgment in your
favor. The government now making an order to
pay to compensate you.
Once the judgment now becomes final, can you
immediately get the money?
➢ No, you can’t because there is a process.
Ordinarily, what is the procedure?
Both parties involved is private---Once you win the case,
you ask the defendant to settle.
“Bayari nalang gud ko so that I won’t compel you to pay.”
But if the defendant doesn’t give you anything, your
remedy is to ask for the court a motion for execution of a
judgment. The court will now issue to the sheriff a writ to
implement the execution.
What is the implication of enforcement of writ of
execution?
➢ The sheriff will now look for properties of the
defendant. If he has personal properties, they can
be attached by the sheriff and sell them in a
public auction and proceeds of the sale will be
paid to the award that was granted by the court.
• Public bidding- anyone can bid on those
properties including the plaintiff.
If he has money in the bank, it would be attached and
garnished. How would you know that the defendant has
money in the bank?
➢ The sheriff will send notices to the banks in the
place where the person is residing or anywhere in
FOR EH 308SYSTEMReviewer
(LLB) USE ONLY by: Lorebeth L. España Consti
ConstiI | Judge Estela
I |Judge AlmaAlma
Stella SingcoSingko
|S.Y. 1st sem (2018)

the Philippines not in the world. Do you

understand? If he has money, it would be kept for
the plaintiff. “Ig frozen na imong mga account kay
kini nga kwarta ig bayad sa utang nimo sa
plaintiff”. Do you understand that, guys?

➢ If the sheriff finds a real property this time, then

they will be attached.

How would the sheriff know that the defendant owns

those lands?

➢ He would go to the assessor’s office or registry

office and ask there if there is a title in the name
of the defendant. Then, he will notify the registry
of deeds that he will be going to allocate the titles
and sell it to public auction and the proceeds will

44 | P a g e
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LABAN LANG.