CHAPTER 1: GENERAL CONSIDERATIONS

POLITICAL LAW – The 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
CONSTITUTIONAL LAW I – The study of the structure and powers of the Government of the Republic
of the Philippines
MALOLOS CONSTITUTION – The first constitution of the Philippines during the time of Emilio Aguinaldo
TREATY OF PARIS – The treaty which provided for the cession of the Philippine Islands by Spain to the
United States
FIRST PHILIPPINE COMMISSION – Made a fact-finding survey of the Philippine Islands and submit
appropriate recommendations to the U.S. Congress; also known as SCHURMAN COMMISSION
TAFT COMMISSION – Took over all the legislative powers and some of the executive and judicial powers of
the military governor
JONES LAW – Established a Philippine Legislature consisting of a Senate and a House of Representatives
TYDINGS-MCDUFFIE ACT – Authorized the establishment of the Commonwealth of the Philippines

CHAPTER 2: THE CONSTITUTION OF THE PHILIPPINES

1987 CONSTITUTION – The fourth fundamental law to govern the Philippines since it became independent
on July 4, 1946.
Features of 1987 Constitution: a. Consists of 18 articles; and b. excessively long compared to the 1935
Constitution (includes provisions that should have embodied only in implementing statutes to be enacted by
the legislature pursuant to the basic constitutional principles). It also has some portions that sound like a
political speech rather than a formal document stating only the basic precepts.
Previous Constitutions: a. Malolos Constitution; b. Commonwealth Constitution; and c. 1973 Constitution.

SUPREMACY OF THE CONSTITUTION

- The basic and paramount law to which all other laws must conform and to which all persons, including the
highest officials of the land, must defer.
“The Constitution must be quintessential rather than superficial, the root and not the blossom, the base and
framework only of the edifice that is yet to rise.”

CHAPTER 3: THE CONCEPT OF THE STATE

STATE – “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 of inhabitants
render habitual obedience”
NATION – indicates a relation of birth or origin and implies a common race, usually characterized by
community of language and customs
THE STATE IS A LEGAL CONCEPT, WHILE THE NATION IS ONLY A RACIAL OR ETHNIC
CONCEPT.
ELEMENTS OF A STATE:
A. PEOPLE – refers to the inhabitants of the state
- Must be numerous enough to be self-sufficing and to defend themselves
- Small enough to be administered and sustained
- Must come from both sexes to be able to perpetuate themselves
B. TERRITORY – the fixed portion of the surface of the earth inhabited by the people of the State
- Terrestrial domain, the inland and external waters, which make up the maritime and fluvial domain, and the
air space above the land and waters, which is called the aerial domain
- Article I: “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.”
- ARCHIPELAGO DOCTRINE – we connect the outermost points of our archipelago with straight
baselines and consider all the waters enclosed thereby as internal waters.
C. GOVERNMENT – the agency or instrumentality through which the will of the State is formulated expressed
and realized
- Philippine government is democratic and republican
- To promote the welfare of the people
- FUNCTIONS: Constituent and Ministrant
Constituent – constitute the very bonds of society and are therefore compulsory. Example: Keeping of order
and providing for the protection of persons and property from violence and robbery; Fixing of legal relations
between husband and wife and between parents and children; the definition and punishment of crimes; and
etc…
Ministrant – those undertaken to advance general interests of the society, such as public works, public charity,
and regulation of trade and industry. These functions are optional.
- DOCTRINE OF PARENS PATRIAE – the important tasks of the government is to act as guardian of the
rights of the people.
- DE JURE AND DE FACTO GOVERNMENTS:
DE JURE – a government that 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
DE FACTO – a government of fact, that is, it actually exercises power or control but without legal title
Kinds of de facto government:
1. The government that gets possession and control, or usurps, by force or by the voice of the majority, the
rightful legal government and maintains itself against the will of the latter, such as the government of
England under the Commonwealth, first by Parliament and later by Cromwell as Protector
2. That established as an independent government by inhabitants of a country who rise in insurrection
against the parent state, such as the government of the Southern Confederacy in revolt against the Union
during the war of secession in the United States
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, such as the
cases of Castine in Maine, which was reduced to a British possession in the war of 1812, and of Tampico,
Mexico, occupied during the war with Mexico by the troops of the United States
- GOVERNMENT OF THE PHILIPPINES – “the corporate governmental entity through which the
functions of government are exercised throughout the Philippines, including, save as the contrary, appears from
the context, the various arms through which political authority
D. SOVEREIGNTY – the supreme and uncontrollable power inherent in a State by which that State is
governed
Two kinds: Legal and political
Legal sovereignty is the authority which has the power to issue final commands
Political sovereignty is the power behind the legal sovereign, or the sum of the influences that operate
upon it
INTERNAL OR EXTERNAL
Internal sovereignty refers to the power of the State to control its domestic affairs
External sovereignty, which is the power of the State to direct its relations with other States, is also
known as independence
CHARACTERISTICS OF SOVEREIGNTY:
1. PERMANENT
2. EXCLUSIVE
3. COMPREHENSIVE
4. ABSOLUTE
5. INDIVISIBLE
6. INALIENABLE
7. IMPRESCRIPTIBLE
“Where there is a change of sovereignty, the political law of the former sovereign are not merely suspended but
abrogated.. .. Non-political laws, by contrast, continue in operation, for the reason also that they regulate
private relations only, unless they are changed by the new sovereign or are contrary to its institutions.”
Act of State
“An act of State is an act done by the sovereign power of a country, or by its delegate, within the
limits of the power vested in him. An act of the State cannot be questioned or made the subject of legal
proceedings in a court of law.”
CHAPTER 4: THE DOCTRINE OF STATE IMMUNITY
“The State may not be sued without its consent.”
The general rule is that, for a state to be sued, it shall waive its immunity.
Principle of the sovereign equality of States
One State cannot assert jurisdiction over another in violation of the maxim par in parem non habet
imperium. To do so would “unduly vex the peace of nations.”
Sue against a public officer
“It is understood, of course, that where a public officer acts without or in excess of jurisdiction, any
injury caused by him is his own personal liability and cannot be imputed to the State.”
Forms of Consent:
1. Express – may be manifested either through a general law or a special law
2. Implied – given when the State itself commences litigation or when it enters into a contract
Act No. 3083: "The Government of the Philippine Islands hereby consents and submits to be sued upon any
moneyed claim involving liability arising from contract, express or implied, which could serve as a basis of civil
action between private parties.”
“A claim against the government must first be filed with the Commission on Audit, which must act upon it
within sixty days. Rejection of the claim will authorize the claimant to elevate the matter to the Supreme Court
on certiorari and in effect sue the State with its consent.
If the claim is about “just compensation”, where the State uses a private land for public purposes, it is
not required to file the claim with the Auditor General (Commission on Audit). In addition, if the suit
does not involve money, to file with the Commission on Audit is not needed.
GARNISHMENT OF FUNDS
“The universal rule that where the State gives its consent to be sued by private parties either by
general or special law, it may limit claimant’s action ‘only up to the completion of proceedings anterior to the
stage of execution’ and that the power of courts ends when the judgement is rendered, since government funds
and properties may not be seized under writs of execution or garnishment to satisfy such judgments, is based
on obvious considerations of public policy. Disbursements of public funds must be covered by the
corresponding appropriation as required by law. The functions and public services rendered by the State
cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and
specific objects, as appropriated by law.”
“… .. that funds of public corporations which can sue and be sued were not exempt from garnishment”.
SUITS AGAINST GOVERNMENT AGENCIES
“Where suit is filed not against the government itself or its officials but against one of its entities, it
must be ascertained whether or not the State, as the principal that may ultimately be held liable, has given its
consent to be sued.”

KINDS OF AGENCY
1. INCORPORATED AGENCY – has a charter of its own that invests it with a separate juridical personality,
like the SSS and University of the Philippines. It is suable if the charter says so.
2. UNINCORPORATED AGENCY – has no separate juridical personality but is merged in the general
machinery of the government, like the Department of Justice, the Bureau of Mines and the Government of
Printing Office. Any suit filed against it is an action against the Philippine Government.
SUABILITY – the result of the express or implied consent of the State to be sued
LIABILITY – is determined after hearing on the basis of relevant laws and the established facts.
 “Supreme Court held a municipality liable for a tort committed in connection with the celebration of a town
fiesta, which was considered a proprietary function.”

CHAPTER 5: FUNDAMENTAL PRINCIPLES AND STATE POLICIES

Preamble
“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.”
The Preamble is not considered a source of substantive right since its purpose is only to introduce, “to walk
before,” the Constitution.
REPUBLICANISM – a representative government, a government run by and for the people. Its essence is
representation and renovation.
INCORPORATION CLAUSE – “Every State, is by reason of its membership in the family of nations, bound
by the generally accepted principles of international law, which are considered to be automatically part of its
own laws.”
Social Justice
“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. Social Justice means the promotion
of the welfare of all the people, the adoption by the Government of measures calculated to insure economic
stability of all the component elements of society, through the maintenance of a proper economic and social
equilibrium in the interrelations of the members of the community, constitutionality, through the adoption of
measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence
of all governments on the time-honored principle of salus populi est suprema lex.”
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES
Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people
and all government authority emanates from them.
Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the policy of
peace, equality, justice, freedom, cooperation, and amity with all nations.
Section 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 sovereignty of the
State and the integrity of the national territory.
Section 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.
Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the blessings of
democracy.
Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES
Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the
paramount consideration shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination.
Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.
Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and
independence of the nation and free the people from poverty through policies that provide adequate
social services, promote full employment, a rising standard of living, and an improved quality of life for
all.
Section 10. The State shall promote social justice in all phases of national development.
Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.
Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother and the
life of the unborn from conception. The natural and primary right and duty of parents in the rearing of
the youth for civic efficiency and the development of moral character shall receive the support of the
Government.
Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and
protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their involvement in public and civic affairs.
Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Section 15. The State shall protect and promote the right to health of the people and instill health
consciousness among them.
Section 16. The State shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
Section 17. The State shall give priority to education, science and technology, arts, culture, and
sports to foster patriotism and nationalism, accelerate social progress, and promote total human
liberation and development.
Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.
Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.
Section 21. The State shall promote comprehensive rural development and agrarian reform.
Section 22. The State recognizes and promotes the rights of indigenous cultural communities within
the framework of national unity and development.
Section 23. The State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Section 24. The State recognizes the vital role of communication and information in nation-building.
Section 25. The State shall ensure the autonomy of local governments.
Section 26. The State shall guarantee equal access to opportunities for public service and prohibit
political dynasties as may be defined by law.
Section 27. The State shall maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption.
Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.