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Constitution of the Phils., past and

present

CHAPTER I
GENERAL CONSIDERATIONS

Commonwealth
Constitution
(1935)
Constitution of 1973
Freedom Constitution (Feb. 25,
1986)
1987 Constitution (adopted on Feb.
02, 1987)
Outstanding Features

Political Law
Political law is that 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.
Scope of Political Law

Constitutional Law
Administrative Law
Law of Public Officers
Election Law
Law on Municipal Corporations

Constitutional Law

Revival of the Bicameral Congress

of the Philippines and the strictly
legal Presidential system.
The independence of the judiciary
has been strengthened, with new
provisions for appointment and
increase in its authority, covering
even political questions formerly
beyond its jurisdiction.

Supremacy of the Constitution

Constitutional law is a study of the

structure and powers of the Government
of the Republic of the Philippines.
It also deals with certain basic
concepts of Political law, such as the
nature of the State, the supremacy of the
Constitution, the separation of powers,
and the rule of the majority.

The Constitution is the basic and

paramount law to which all other laws
must conform and to which all persons,
including the highest officials of the land.
CHAPTER III
THE CONCEPT OF THE STATE

Necessity of the Study

Definition

Every citizen, regardless of the

calling,
should
understand
the
mechanisms and motivations of his
government. This must be so because
sovereignty resides in the people and all
government authority emanates from
them (Art.II, Sec. 1, 1987 Constitution).
It is upon the active involvement in
public affairs of every Filipino that the
success of the Republic of the Philippines
will depend.

A state is a community of persons,

more or less numerous, permanently
occupying
a
fixed
territory,
and
possessed of an independent government
organized for political ends to which the
great body politic render habitual
obedience.
State vs. Nation
The term nation indicates a
relation of birth or origin and implies a
common race, usually characterized by
community of language and customs. The

CHAPTER II
THE CONSTITUTION OF THE
PHILIPPINES

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State is a legal concept, while the nation
is only a racial or ethnic concept.

of society and are therefore

compulsory.
2. Ministrant. Ministrant functions
are those undertaken to advance
the general interests of society,
such as public works, public
charity, and regulation of trade and
industry.

Elements of state.
1.
2.
3.
4.

People
Territory
Government
Sovereignty

To our Supreme Court, however, the

distinction between the two is not
relevant in our jurisdiction. Such
distinction has been blurred because of
the repudiation of the laissez faire policy
in the Constitution (PVTA vs. CIR,
reiterating the rule in ACCFA vs.
Federation of Labor Unions).
Laissez faire literally means leave us
alone; it denotes that the government
should play little or no role at all in the
market.

People
People refers simply
inhabitants of the State.

to

the

Territory
Territory is the fixed portion of the
surface of the earth inhabited by the
people of the State.
The national territory comprises
the Philippines archipelago, with all the
islands and waters embraced therein,
and all other territories over which the
Philippines
has
sovereignty
or
jurisdiction, consisting of its territorial,
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. (Art. 1, 1987
Constitution)

Doctrine of Parens Patriae

One of the important tasks of the
government is to act for the State as
parens patriae, or guardian of the rights
of people.

De Jure vs. De Facto Government

1. De Jure.A de jure government
has rightful title but no power or
control, either because this has
been withdrawn from it or because
it has not yet actually entered into
the exercise thereof.
2. De Facto.A de facto government
is a government of fact, that is, it
actually exercises power or control
but without legal title.

Government
Government is the agency or
instrumentality through the will of the
State is formulated, expressed and
realized.
Functions

3 Kinds of de facto Government

1. Constituent.Constituent
functions constitute the very bonds

1. The
government
that
gets
possession and control of by force

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or by voice of the majority, the
rightful legal government and
maintains itself against the will of
the latter.
2. That
established
as
an
independent government by the
inhabitants of a country who rise
in insurrection against the parent
state.
3. That which is established and
maintained by military forces who
invade and occupy a territory of
the enemy in the course of war,
and which is denominated as a
government of paramount force.

Sovereignty
Sovereignty is the supreme and
uncontrollable power inherent in a State
by which that State is governed.
Two Kinds of Sovereignty
1. Legal sovereignty.The authority
which has the power to issue final
commands.
2. Political sovereignty.The power
behind the legal sovereign, or the
sum of the influences that operate
upon it.

Government of the Philippines

Characteristics of Sovereignty

Administrative Code of 1987, Sec.

2(1):

The
corporate
governmental
entity through the functions of the
government are exercised throughout the
Philippines, including, save as the
contrary appears from the context,
various arms through which political
authority is made effective in the
Philippines,
whether
pertaining
to
autonomous regions, provincial, city,
municipal, or barangay subdivisions or
other form of local government.

CHAPTER IV
THE DOCTRINE OF STATE
IMMUNITY

A government-owned or controlled
corporation
(GOCC)
engaged
in
proprietary
functions
cannot
be
considered part of the Government for
purposes
of
exemption
from
the
application of the statute of limitations.

The State may not be sued

without its consent (Art. XVI, Sec. 3,
1987 Constitution).
Basis of Non-suability of State

Administration vs. Government

Permanent
Exclusive
Comprehensive
Absolute
Indivisible
Inalienable
Imprescriptible

Administration is the group of

persons in whose hands the reins
of government are for the time
being.
The
administration
runs
the
government.
Administration
is
transitional
whereas
the
government
is
permanent.

The non-suability of the state is

based on the logical and practical
ground that there can be no legal
right against the authority which
makes the law on which the right
depends (Justice Holmes).
The demands and inconveniences
of litigation will divert the time
and resources of the State from
the
more
pressing
matters
demanding its attention to the
prejudice of the public welfare.

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It will depend in the first instance
on whether the government agency
impleaded
is
incorporated
or
unincorporated.

Application
The test is whether, assuming the
decision is rendered against the public
officer impleaded, enforcement thereof
will require an affirmative action from
the State, such as the appropriation of
the needed amount to satisfy the
judgment.

1. Incorporated agency. It has a

charter of its own that invests it
with
a
separate
juridical
personality.
2. Unincorporated agency.It has no
separate juridical personality but
is
merged
in
the
general
machinery of the government.

Waiver of Immunity
The State may be sued if it gives
its consent.

Forms of Consent
1. Expressed
consent.Expressed
consent may be manifested either
through a general law or special
law.
2. Implied consent.Implied consent
is given when the State itself
commences litigation or when it
enters into a contract.

If the agency is incorporated, the

test of its suability is found in its
charter.
The test in every case is the nature
of the primary functions being
discharged.

Suability vs. Liability

When the government enters into a

contract for the State, it is then
deemed to have divested itself of
the mantle of immunity and
descended to the level of the
ordinary individual.
Immunity would be lost regardless
of the nature of the contract
(Santos vs. Santos, Lyons vs. USA).
Suability would follow only if the
contract is entered into by the
government in its proprietary
capacity (USA vs. Ruiz).
Governmental contracts do not
result in implied waiver of the
immunity of the State from suit.

The mere fact that the State is

suable does not mean that it is
liable; or, waiver of immunity by
the
State
does
not
mean
concession of its liability.
Suability is the result of the
express or implied consent of the
State to be sued.
Liability
is
determined
after
hearing on the basis of the
relevant laws and the established
facts.

CHAPTER V
FUNDAMENTAL PRINCIPLES AND
STATE POLICIES
Article II lays down the rules
underlying our system of government and
must therefore be adhered to in the
conduct of public affairs and the
resolution of public issues.

Suit Against Government Agencies

If suit is against one of the
governments entities, it must be
ascertained if the principal has given its
consent to be sued.

Preamble

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Preamble is not considered a

source of substantive right since
its purpose is only to introduce.
Literally means to walk before.
(Praeambulus: Walking in front)
Its not merely rhetorical; it
indicates the authors of the
Constitution.
It also enumerates the primary
aims and expresses the aspirations
of the framers in drafting the
Constitution.
It is a useful aid in construction
and interpretation of the text of
the Constitution.

Rearing of the Youth

Republicanism

A republic is a representative
government, a government fun by
and for the people.
The essence of republicanism is
representation and renovation,
the selection by their citizenry of a
corps of public functionaries who
derive their mandate from the
people and act on their behalf,
serving for a limited period only,
after which they are replaced or
retained at the option of their
principal.

Art. II, Sec. 12 and Sec. 13 deal

with the proper rearing of the
youth.
This power is exercised most
effectively, at least during the
childs formative years, through
the school.

Women

Art. II, Sec. 14 deals with the role

of women in nation-building.

Social Justice

Justice Jose P. Laurel, in Callang

vs. Williams, defined Social Justice
thus:
Social
justice
is
neither
communism, nor despotism, nor
atomism, nor anarchy, but the
humanization of
laws
and the
equalization of social and economic
forces by the State so that justice in
its rational and objectively secular
conception
may
at
least
be
approximated.
Salus populi est suprema lex.The
welfare of the people is the
supreme law.

The Defense of the State

Art. II, Sec. 2: The Philippines

adopts the generally accepted
principles of international law as
part of the law of the land
Every State is, by reasons of its
membership in the family of
nations,
bound
by
generally
accepted
principles
of
international law (doctrine of
incorporation).

Art. II, Sec. 4, 1987 Constitution:

all citizens may be required,
under conditions provided by law,
to render personal military or civil
service.
The duty is imposed upon all
citizens.
The duty must be personal, to
preclude the hiring by the rich of
mercenaries
or
professional
soldiers to take their place in the
defense of the State.

Separation of Church and State

The Incorporation Clause

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Art. II, Sec. 6 reiterates the

separation of Church and State
shall be inviolable.
The doctrine cuts both ways:
o State is prohibited from
interfering
in
purely
ecclesiastical affairs;
o The Church is barred from
meddling in purely secular
matters.
No excessive entanglement.

Supremacy of Civilian Authority

Art. II, Sec. 3: Civilian authority

is, at all times, supreme over the
military. The Armed Forces of the
Philippines is the protector of the
people and the State. Its goal is to
secure the sovereign of the State
and the integrity of the national
territory.

Local Autonomy

The strengthening of the local

government is based on the
Jeffersonian view that municipal
corporations
are
the
small
republics from which the great one
derives its strength.

CHAPTER VI
SEPARATION OF POWERS

Doctrine of separation of powers is

intended
to
prevent
a
concentration of authority in one
person or group of persons that
might lead to an irreversible error
or abuse in its exercise to the
detriment
of
our
republican
institutions.
According
to
Justice
Laurel
(Pangasinan Transportation Co. vs.
PSC):
o Secure action
o Forestall overaction
o Prevent despotism
o Obtain efficiency
To achieve these purposes:
Legislative.enactment of laws
and may not enforce or apply
them;
Executive.enforcement of laws
and may not enact or apply them;
Judiciary.application of laws and
may not enact or enforce them.
The keynote of conduct of the
various
agencies
of
the
government under the doctrine of
separation of powers is not
independence
but
interdependence.

Blending of Powers

The doctrine is observed in our

country not only because it is
regarded as a characteristic of
republicanism but also for the
reason that the major powers of
government
are
actually
distributed by the Constitution
among the several departments
and
the
Constitutional
Commissions.

Purpose

There are instances under the

Constitution when powers are not
confined exclusively within one
department but are in fact
assigned to or shared by several
departmentsa
blending
of
powers.
Examples:
o The enactment of general
appropriations law, which
begins with the preparation
by the President of the
budget, which becomes the
basis of the bill adopted by
the
Congress
and

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subsequently submitted by
the President, who may then
approve it.
The grant of amnesty by the
President which requires the
concurrence of a majority of
all
members
of
the
Congress.
COMELEC does not alone
deputize law enforcement
agencies to ensure free,
orderly, honest, peaceful and
credible elections but does
so with the consent of the
President.

Justiciable vs. Political Questions

Checks and Balances

The judiciary has the primordial

duty to uphold the supremacy of
the Constitution.
To determine the valid exercise of
power, the first criterion is
whether or not the power in
question has been constitutionally
conferred upon the department
claiming its exercise.

A system by which one department

is allowed to resist encroachments
upon its prerogatives or to rectify
mistakes or excesses committed by
the other departments.
Illustrations:
o Lawmaking power of the
Congress is checked by the
President through his veto
power,
which
may
be
overridden
by
the
legislature.
o The Congress may refuse to
give its concurrence to an
amnesty proclaimed by the
President and the Senate to
a treaty he has concluded.
o The President may nullify a
conviction in a criminal case
by pardoning the offender
(Gloria
Arroyo
to
Teehankee).
o The judiciary has the power
to declare invalid an act
done by Congress, the
President,
and
his
subordinates,
or
the
Constitutional Commissions.

Justiciable questions.A purely

justiciable question implies a given
right, legally demandable and
enforceable, an act or omission
violative of such right, and a
remedy granted and sanctioned by
law, for said breach of right
(Casibang vs. Aquino).
Political questions.It connotes
what
it
means
in
ordinary
parlance, namely, a question of
policy. It is concerned with issues
dependent upon the wisdom, not
legality, of a particular measure.

Political Questions Under the New

Constitution

The Role of the Judiciary

Art. VIII, Sec. 1 broadens the

concept of judicial power.
It has the duty to determine
whether or not there has been a
grave
abuse
of
discretion
amounting to lack or excess of
jurisdiction on the part of any
branch or instrumentality of the
Government.
There is grave abuse of discretion:
o When an act done is
contrary to the Constitution,
the law, or jurisprudence, or
o It is executed whimsically,
capriciously, arbitrarily, out
of malice, ill will or personal
bias
(Infotech
vs.
COMELEC)

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2. The delegation must be for a

limited period only.
3. The delegation must be subject to
such restrictions as the Congress
may prescribe.
4. The emergency powers must be
exercised to carry out a national
policy declared by the Congress.

The broadened concept of judicial

power is not meant to do away
with
the
political
questions
doctrine itself. The concept must
sometimes yield to separation of
powers, to the doctrine on
political questions or to the
enrolled bill rule.

Delegation to the People

CHAPTER VII
DELEGATION OF POWERS

Potestas delegata non delegari

potest.What has been delegated
cannot be delegated further.
The delegation of legislative power
has become the rule and its nondelegation the exception.

Permissible Delegation

Delegation to Local Governments

1. Delegation of tariff powers to the

President.
2. Delegation of emergency powers
to the President.
3. Delegation to the people at large.
4. Delegation to local governments.
5. Delegation to administrative
bodies.

Art. VI, Sec. 28(2)

The legislative process is much too
cumbersome
for
the
speedy
solution
of
some
economic
problems, especially those relating
to foreign trade.

Emergency Powers

Art. VI, Sec. 23(2)

Conditions for the vesture of emergency

powers in the President are the
following:
1. There must be war
national emergency.

The local legislatures are more

knowledgeable than the national
lawmaking body on matters of
purely local concern and are
therefore in a better position to
enact
the
necessary
and
appropriate legislation thereon.

Delegation to Administrative Bodies

Tariff Powers

Referendum.It is defined as a
method of submitting an important
legislative measure to a direct vote
of the whole people.
Plebiscite.It is intended to work
more permanent changes in the
political structure, like a proposal
to amend the Constitution.

or

Administrative
agencies
may
implement the broad policies laid
down in a statute by filling in the
details which the Congress may
not have the opportunity or
competence to provide.
This
is
effected
by
their
promulgation of what are known as
supplementary regulations, such
as the implementing rules issued
by the Department of Labor on the
Labor Code.

Tests of Delegation

other

The true distinction is between:

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o
o

Delegation of power to make

law (cannot be done);
Conferring
authority
or
discretion
as
to
its
execution, to be exercised
under an in pursuance of the
law (no valid objection can
be made).

1. Completeness Test.The law must

be complete in all its essential
terms and conditions when it
leaves the legislature so that there
will be nothing left for the delegate
to do when it reaches him except
enforce it.
2. The Sufficient Standard Test.It is
intended
to
map
out
the
boundaries
of
the
delegates
authority
by
defining
the
legislative policy and indicating
the circumstances under which it
is to be pursued and effected.
Pelaez Case (Emmanuel Pelaez vs.
Auditor General)

The
completeness
test
and
sufficient standard test must be
applied together or concurrently.