POLITICAL LAW the functionaries and consequently established the
agencies. These functionaries are the one who
➢ 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]
➢ 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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 1 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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
1 Political Law Reviewer. WLCNotes | NTS2019
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
“member/person” of a citizenship. Constitutional Law I:
study about “Who are the citizens of the Philippines?”
under Art. 4 of 1987 Constitution 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. ➢ Where
authority is being sourced. ➢ 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 SYSTEMReviewer by: Lorebeth L.
España Consti I |Judge Stella Alma Singko 2 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
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” 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
2 Political Law Reviewer. WLCNotes | NTS2019
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”.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 3 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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 ➢ 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 bornFilipino
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, onlytransit 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
3 Political Law Reviewer. WLCNotes | NTS2019
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?” SYSTEMReviewer by: Lorebeth L. España
Consti I |Judge Stella Alma Singko 4 | P a g e Ngayon ka
pa ba susuko, kung kailan malayo na ang narating mo?
LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
Judge Estela Alma Singco |S.Y. 1st sem (2018) ➢ 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. ➢ 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 SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 5
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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
4 Political Law Reviewer. WLCNotes | NTS2019
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 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. SYSTEMReviewer by: Lorebeth L. España
Consti I |Judge Stella Alma Singko 6 | P a g e Ngayon ka
pa ba susuko, kung kailan malayo na ang narating mo?
LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
Judge Estela Alma Singco |S.Y. 1st sem (2018) ➢ 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 reelection. (Just the same with the 1897
Constitution) Q: Then what happened, how come
5 Political Law Reviewer. WLCNotes | NTS2019
“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 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. SYSTEMReviewer by: Lorebeth L. España Consti I
|Judge Stella Alma Singko 7 | P a g e Ngayon ka pa ba
susuko, kung kailan malayo na ang narating mo? LABAN
LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
Estela Alma Singco |S.Y. 1st sem (2018) ➢ 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 authority
6 Political Law Reviewer. WLCNotes | NTS2019
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. SYSTEMReviewer by: Lorebeth
L. España Consti I |Judge Stella Alma Singko 8 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
➢ 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 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
7 Political Law Reviewer. WLCNotes | NTS2019
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
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 9 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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”. ➢ 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
8 Political Law Reviewer. WLCNotes | NTS2019
whose mothers are Filipino Citizens”. SYSTEMReviewer
by: Lorebeth L. España Consti I |Judge Stella Alma
Singko 10 | P a g e Ngayon ka pa ba susuko, kung kailan
malayo na ang narating mo? LABAN LANG. FOR EH 308
(LLB) USE ONLY Consti I | Judge Estela Alma Singco |S.Y.
1st sem (2018) - 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. 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 SYSTEMReviewer by: Lorebeth L.
España Consti I |Judge Stella Alma Singko 11 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
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
9 Political Law Reviewer. WLCNotes | NTS2019
-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 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? SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 12
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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. 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,
10 Political Law Reviewer. WLCNotes | NTS2019
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 SYSTEMReviewer by: Lorebeth L. España
Consti I |Judge Stella Alma Singko 13 | P a g e Ngayon ka
pa ba susuko, kung kailan malayo na ang narating mo?
LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
Judge Estela Alma Singco |S.Y. 1st sem (2018) 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? 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?
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 14 | P a g e Ngayon ka pa ba susuko,
11 Political Law Reviewer. WLCNotes | NTS2019
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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 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 SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 15
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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
12 Political Law Reviewer. WLCNotes | NTS2019
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 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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 16 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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.
13 Political Law Reviewer. WLCNotes | NTS2019
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? ➢ 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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 17 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) So when the sources are
found in one single instrument, the form is written. But
if the sources are scattered, then the Constitution is
unwritten. We said that the Constitution of 1987 is
definitely written because all the provisions are found in
one single instrument that is codified. So it’s found in
one book. (28:57) Forms of Constitution The forms of
Constitution, guys, can…or different kinds of
constitution…the form or the origin and the manner of
changing it or even depending on the system of
government adapted. So when the sources are found in
one single instrument… that is… the form is written. But
if the sources are scattered then the constitution is an
unwritten. The Constitution of 1987 is definitely written
because all the provisions are found in one single
instrument that is codified, so it is found in one book…
do you understand? If you want to know what are your
rights, all you have to do is just open Article III. Then all
your rights are enumerated there. You know what ___
to like them for you to know laws passed by Congress
where your rights are granted. (30:00) Or the Supreme
Court decisions that provide all your rights because all
these laws and decisions from the Supreme Court
actually are based on the Constitution. So laws maybe
passed, like protecting your freedom of speech, like the
Anti-Cyber Crime Law, do you understand here? Your
libel laws, these are statutes that ___ protection of your
rights… do you understand here? Or the decisions of the
Supreme Court expounding the extent of your exercise
of rights that are guaranteed of the Bill of Rights – they
form part of the provision of the Constitution by way of
judicial decision. But definitely, the basic provisions are
found in one single source. Do you understand? On the
other hand, an unwritten constitution is not necessarily
unwritten or not in writing. (31:00) Because in fact,
some sources are written. Right? The Constitution of
Great Britain…England. The Constitution is unwritten,
the sources are scattered. That if you want to know
what are the powers of the government, you refer to
the Parliament Acts – laws passed by the Parliament,
granting powers to the government. You have to
consider the decisions of the Supreme Court vesting
powers to the government. And also then, you may
source it from unwritten sources like customs and
traditions of the British people, form part of their
14 Political Law Reviewer. WLCNotes | NTS2019
Constitution which is unwritten, conventions and
protocols – these are all unwritten but they follow it as
if it is the governing law. Do you understand? ‘Example,
they were saying that it’s not…nothing really in their law
(32:00) that says if there is going to be a tie in the
election of the Prime Minister, it will be…who’s going to
break the tie? Out of respect to the monarch, it’s the
Queen of Great Britain that breaks the tie. There’s no
written rule regarding on that, but that has been the
practice. Do you understand? In our case, it has to be all
in writing. Otherwise, that would be too dangerous. Any
problems, any questions, clarifications relating to that?
Do we understand each other on this matter? Okay, so
now…another form and kind of Constitution is according
to the Origin. How did our 1987 Constitution come
about? You may even consider other constitutions in the
past, how they are made, were they enacted, made by
Congress? Were they made by a big individual or a
group of individuals? (33:00) Okay? ➢ From the First
Philippine Republic. Who was then the President? ➢
Emilio Aguinaldo. ➢ You recall that he declared
independence from Spain on June 12, 1898. So our
celebration of independence day is not that of our
independence from the US. ➢ It was the independence
that declared by Aguinaldo from the mother country,
Spain. Do you understand? And we celebrate that every
year and you didn’t even know why are we celebrating
the independence day. You thought all the while that
because we were independent when the…the
Americans granted us such. Okay? SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 18
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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? 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. ➢
15 Political Law Reviewer. WLCNotes | NTS2019
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 SYSTEMReviewer by: Lorebeth L. España Consti I |
Judge Stella Alma Singko 19 | P a g e Ngayon ka pa ba
susuko, kung kailan malayo na ang narating mo? LABAN
LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
Estela Alma Singco |S.Y. 1st sem (2018) 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 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?
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 20 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
16 Political Law Reviewer. WLCNotes | NTS2019
Singco |S.Y. 1st sem (2018) 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 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 ongoing 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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 21 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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
17 Political Law Reviewer. WLCNotes | NTS2019
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 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?
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 22 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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 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
18 Political Law Reviewer. WLCNotes | NTS2019
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 SYSTEMReviewer by: Lorebeth L. España
Consti I |Judge Stella Alma Singko 23 | P a g e Ngayon ka
pa ba susuko, kung kailan malayo na ang narating mo?
LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
Judge Estela Alma Singco |S.Y. 1st sem (2018) 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 generalAmendment. But if you are going to
adopt a new system of government. From Presidential
to Parliamentaryrevision. 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. 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
19 Political Law Reviewer. WLCNotes | NTS2019
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 SYSTEMReviewer by: Lorebeth L. España Consti I |
Judge Stella Alma Singko 24 | P a g e Ngayon ka pa ba
susuko, kung kailan malayo na ang narating mo? LABAN
LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
Estela Alma Singco |S.Y. 1st sem (2018) 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 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
20 Political Law Reviewer. WLCNotes | NTS2019
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… SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 25
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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 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
21 Political Law Reviewer. WLCNotes | NTS2019
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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 26 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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 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
22 Political Law Reviewer. WLCNotes | NTS2019
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. SYSTEMReviewer by: Lorebeth L. España Consti I |
Judge Stella Alma Singko 27 | P a g e Ngayon ka pa ba
susuko, kung kailan malayo na ang narating mo? LABAN
LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
Estela Alma Singco |S.Y. 1st sem (2018) 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. 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.
23 Political Law Reviewer. WLCNotes | NTS2019
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 SYSTEMReviewer by: Lorebeth L. España Consti I
|Judge Stella Alma Singko 28 | P a g e Ngayon ka pa ba
susuko, kung kailan malayo na ang narating mo? LABAN
LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
Estela Alma Singco |S.Y. 1st sem (2018) 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. 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. SYSTEMReviewer by: Lorebeth L.
España Consti I |Judge Stella Alma Singko 29 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
Oligarchy: the perverted form of aristocracy. Instead of
24 Political Law Reviewer. WLCNotes | NTS2019
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. 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 lawmaking 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 SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 30
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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
25 Political Law Reviewer. WLCNotes | NTS2019
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? 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. SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 31
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) Continue the discussion of the DIFFERENT
FORMS OF GOVERNMENT We will have the Bourgee
(bourgeois)classification, according to relationship
among the three branches in the government. The three
Branches of Government: • Executive • Legislative 1.
Judicial Branch Power Head EXECUTIVE execute or
implement the law President LEGISLATIVE make the law
Congress/ National Assembly JUDICIAL apply or
interpret the law and apply it in actual cases or
controversies Supreme Court (as the highest affiliate
court) Presidential System of Government • 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 So therefore, it is not for
26 Political Law Reviewer. WLCNotes | NTS2019
Congress to interfere into the powers of the President
and neither President can interfere with the functions of
Congress or that of the Supreme Court. Such would
negate the subdivision of the powers or the equality
among the three branches in the government. President
as Head of the Political Party For example, even the
president is head of the political party that dominates
the Congress because most of the members of the come
from the same political party in that case is being
headed by the president, the President cannot dictate
upon Congress what laws to be passed. As far as
Congress is concerned, the power is plenary, absolute to
them, without intervention of either branches in the
government. Supreme Court cannot compel Congress to
pass laws The Supreme Court cannot also compel
Congress to pass 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: Where there is a declaration of
unconstitutionality of the act of a branch because of a
violation of the separation of powers: 1) DAP
(Disbursement Acceleration Program)of former Pres.
Aquino. Ø Why was it declared unconstitutional and
thereafter he was charged with usurpation of legislative
function? Under the Constitution, the power to
authorize the 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? 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. In other
words, ang nag-buot of the disbursement is the
President using the funds allocated for the Executive
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 32 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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.
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
27 Political Law Reviewer. WLCNotes | NTS2019
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. SYSTEMReviewer by: Lorebeth L.
España Consti I |Judge Stella Alma Singko 33 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
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.
You will note that in a presidential system of
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 government that are co-equal: Executive,
Legislative and Judiciary Fusion of two powers usually
executive and legislative; dominance of the members of
Parliament President directly elected by the people
Prime Minister is chosen by the parliament and
parliament members are chosen directly by the people
President has a fixed term of office Prime Minister has
indefinite terms of office Congress cannot oust the
President Prime Minister stays as long as he holds the
trust and confidence of 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
Congress much less remove any of its members Prime
Minister is given such power to dissolve the Parliament
should they can’t agree on certain issues. Relationship
between national and local government Counterparts
National Local Executive: President Executive: Governors
in provinces, Mayors in Cities/Municipalities, Brgy
Captains in barangays Legislative: Congress Legislative:
Region Assembly, Sangguniang Panlalawigan in the
provinces, Sangguniang Panlungsod in the cities,
Sangguniang Panbayan in the municipalities and
Sangguniang Panbarangay in barangays Judiciary:
Supreme Court Judiciary: Municipal Trial Court, Regional
Trial Court, etc. Philippines has a unitary type of
government wherein all powers are concentrated in the
national government leaving local government
dependent on the national government. The national
government does not transfer SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 34
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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
28 Political Law Reviewer. WLCNotes | NTS2019
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 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. SYSTEMReviewer by: Lorebeth
L. España Consti I |Judge Stella Alma Singko 35 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
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.
29 Political Law Reviewer. WLCNotes | NTS2019
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 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
2nd 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 2 nd 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. SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 36
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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
30 Political Law Reviewer. WLCNotes | NTS2019
political laws are not automatically abrogated. They are
merely suspended. However, nonpolitical laws like civil
laws or penal laws, already passed by the
commonwealth government, they remain good and
valid unless they are repealed by the 2nd 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 2nd 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 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. SYSTEMReviewer by: Lorebeth L.
España Consti I |Judge Stella Alma Singko 37 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
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
31 Political Law Reviewer. WLCNotes | NTS2019
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. 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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 38 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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. 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
32 Political Law Reviewer. WLCNotes | NTS2019
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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 39 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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 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
33 Political Law Reviewer. WLCNotes | NTS2019
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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 40 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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. ➢ 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 SYSTEMReviewer by:
Lorebeth L. España Consti I |Judge Stella Alma Singko 41
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
(2018) 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
34 Political Law Reviewer. WLCNotes | NTS2019
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 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
illgotten 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. SYSTEMReviewer by: Lorebeth L.
España Consti I |Judge Stella Alma Singko 42 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
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
35 Political Law Reviewer. WLCNotes | NTS2019
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. 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.
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Stella Alma Singko 43 | P a g e Ngayon ka pa ba susuko,
kung kailan malayo na ang narating mo? LABAN LANG.
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
Singco |S.Y. 1st sem (2018) 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. ➢ 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
36 Political Law Reviewer. WLCNotes | NTS2019
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 SYSTEMReviewer by: Lorebeth
L. España Consti I |Judge Stella Alma Singko 44 | P a g e
Ngayon ka pa ba susuko, kung kailan malayo na ang
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Consti I | Judge Estela Alma Singco |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