CONSTITUTION - the document which serves as thefundamental law of the state. (V.

Sinco,Philippine Political Law, 11thed., p.68-70); that written instrument enacted

bydirect action of the people by which thefundamental powers of the governmentare
established, limited and defined,and by which those powers
aredistributedamongtheseveraldepartments for their safe and usefulexercise for the
benefit of the bodypolitic(Malcolm,PhilippineConstitutional Law,
p.6)Classification:1.written (conventional or enacted) v. unwritten (cumulative or
evolved).2.rigid v. flexibleThe Philippine Constitution is writtenand rigid. (Art.
XVII)The 1987 Constitution took effect onFebruary 2, 1987, the date ofthe
plebiscite for its ratificationand not on the date itsratification was proclaimed.
(DeLeon v. Esguerra,153 SCRA 602)Interpretation: a doubtful provisionshall be
examined in the light of thehistory of the times and theconditions and
circumstances underwhich the Constitution was framed(Civil Liberties Union v.
ExecutiveSecretary, 194 SCRA 317). In case ofdoubt,the provisions should
beconsideredself-executing;mandatory rather directory; andprospective rather than
retroactive(Nachura, Reviewer in Political Law,p.3)CONSTITUTIONAL LAW- designates
the law embodied in theConstitution and the legal principlesgrowing out of the
interpretation andapplication of its provisions by the courtsin specific cases
(Sinco, supra, p.67)STATE- A community of persons, more orless numerous,
permanently occupying adefinite portion of territory, independentof external
control, and possessing agovernment to which a great body of theinhabitants render
habitual obedience; apoliticallyorganizedsovereigncommunity independent of
outsidecontrol bound by ties of nationhood,legally supreme within its
territory,acting through a government functioningunder a regime of law. (CIR v.
CamposRueda, 42 SCRA 23). Elements:People– inhabitants of the State, thenumber of
which is capable for self-sufficiency and self-defense; of bothsexes for
perpetuity.Different meanings of the wordpeople:-People as inhabitants (Sec.1,
Art.XIII; Secs.15 -16, Art. II; Sec.2, Art.III);-People as citizens (Preamble;
Secs. 1 and 4, Art. II; Sec.7, Art. III);-People as electors (Sec.4, Art. VII;
Sec.2, Art. XVI; Sec. 25, Art. XVIII).Territory– fixed portion of the surfaceof the
earth inhabited by the peopleof the State; see Art I.Sovereignty–
supremeanduncontrollable power inherent in aState by which that State
isgoverned;Characteristics:a.permanentb.exclusivec.comprehensived.absolutee.indivis
iblef.inalienableg.imprescriptibleTheory of Auto-Limitation -anystate may by its
consent, expressor implied, submit to arestriction of its
sovereignPOLITICALLAWCOMMITTEE CHAIRPERSON:Jonathan Mangundayao  ASST.
CHAIRPERSON: Andre Jacobo EDP:Shantel Aceret  MEMBERS:Jeff Alarilla, Carlo
Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany
Conde, Beatriz
ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES
Selected principles
SEC 1. The Philippines is a democratic and republican State. Sovereignty resides
in the people and all government authority emanates from them.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render
habitual obedience (GOVERNMENT)
Definition of “People” CODE: CNCH
1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.
Definition of “Sovereignty”
1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.
2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.
3. According to the Principle of AUTO-LIMITATION:
Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.
Definition of “Government”
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess
the power or authority of prescribing them.
Classification of governments
1. De jure - one established by the authority of the legitimate sovereign
2. De facto - one established in defiance of the legitimate sovereign