Constitution

- Written instrument by which the fundamental powers of the government are established, limited, and defined and
by which these powers are distributed among the several departments or branches for their safe and useful exercise
for the benefit of the people.
- The 1987 Constitution consists of 18 articles.
- The basic and paramount law to which all other laws must conform and to which all persons, including the highest
officials of the land, must defer.

Classification

1. As to their origin and history

a. Conventional or enacted – one which is enacted by a constituent assembly or granted by a monarch to his
subjects

b. Cumulative or evolved – one which is a product of growth or a long period of development originating in customs,
traditions, judicial decisions, etc. rather than from a deliberate and formal enactment

2. As to their form

a. Written – one which has been given definite written form at a particular time, usually by a specially constituted
authority called a “constitutional convention”

b. Unwritten – one which is entirely a product of political evolution, consisting largely of a mass of customs, usages
and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing
different dates

3. As to manner of amending them

a. Rigid or inelastic – one regarded as a document of special sanctity which cannot be amended or altered except
by some special machinery more cumbrous than the ordinary legislative process

b. Flexible or elastic – one which possesses no higher legal authority than ordinary laws and which may be altered
in the same way as other laws

- The Philippine Constitution may be classified as conventional or enacted, written, and rigid or inelastic.

Parts

1. As to form, a good written constitution should be:

a. Brief – because if a constitution is too detailed, it would lose the advantage of a fundamental law. Furthermore,
it would then be necessary to amend it every once in a while to cover many future contingencies

b. Broad – because a statement of the powers and functions of the government, and of the relations between the
governing body and the governed, requires that it be as comprehensive as possible

c. Definite – because otherwise the application of its provisions to concrete situations may prove unduly difficult if
not impossible. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable
harm.

2. As to contents, it should contain at least 3 sets of provisions:

a. Constitution of government – dealing with the framework of government, its structure and powers, and defining
the electorate.

b. Constitution of liberty – setting forth the fundamental rights of the people and imposing certain limitations on the
powers of the government as a means of securing the enjoyment of these rights.

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 c. Constitution of sovereignty – pointing out the mode or procedure for amending or revising the constitution.

Ways to interpret the Constitution

1. Even a private individual may interpret or ascertain the meaning of particular provisions of the Constitution in order to
govern his own actions and guide him in his dealings with other persons.

2. it is evident, however, that only those charged with official duties, whether executive, legislative, or judicial can give
authoritative interpretation of the Constitution.

a. This function primarily belongs to the courts whose final decisions are binding on all departments and organs of
the government, including the legislature. They will construe the applicable constitutional provisions in accordance with what
the provisions say and provide.

b. There are, however, constitutional questions which under the Constitution are addressed to the discretion of the
other departments and, therefore, beyond the power of the judiciary to decide. Thus, the determination of the President as
to which foreign government is to be recognized by the Philippines cannot be passed upon by the courts.

History of Philippine Constitution (p. 3-11, Cruz)

Sovereignty vs. Jurisdiction

Sovereignty Jurisdiction
The supreme and uncontrollable power inherent in a State
The official power to make legal decisions and judgments.
by which that State is governed.

United Nations Convention on the Law of the Sea (UNCLOS)

A treaty that defines the rights and obligations of nations in their use of the world’s oceans, establishing rules for business,
the environment, and the management of marine natural resources.

The UNCLOS is a multilateral treaty which was opened for signature on December 10, 1982 at Montego Bay, Jamaica. It
was ratified by the Philippines in 1984 but came into force on November 16, 1994 upon the submission of the 60th
ratification. The UNCLOS gives to the coastal State sovereign rights in varying degrees over the different zones of the sea
which are: 1) internal waters, 2) territorial sea, 3) contiguous zone, 4) exclusive economic zone, and 5) the high seas. It also
gives coastal States more or less jurisdiction over foreign vessels depending on where the vessel is located. Insofar as the
internal waters and territorial sea is concerned, the Coastal State exercises sovereignty, subject to the UNCLOS and other
rules of international law. Such sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.

Maritime Zones of the Philippines

- Comprised of the internal waters, archipelagic waters, territorial sea (12 nautical miles from the baselines or from
the low-water line), contiguous zone (beyond and adjacent to the territorial sea and up to the extent of 24 nautical
miles from the baselines or from the low-water line), exclusive economic zone (EEZ) (beyond and adjacent to the
territorial sea and up to the extent of 200 nautical miles from the baselines or from the low-water line), and
continental shelf.

Elements

1. People – refers to the inhabitants of the State; while there is no legal requirement as to their number, it is generally agreed
that they must be numerous enough to be self-sufficing and to defend themselves and small enough to be easily
administered and sustained
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2. Territory – fixed portion of the surface of the earth inhabited by the people of the State; it must be neither too big as to be
difficult to administer and defend nor too small as to be unable to provide for the needs of the population.

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

a. Constituent functions constitute the very bonds of society and are therefore compulsory; Ministrant functions are
those undertaken to advance the general interests of society and are merely optional.

b. Doctrine of parens patriae – guardian of the rights of the people

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

4. Sovereignty – the supreme and uncontrollable power inherent in a State by which that Sate is governed.

a. Legal sovereignty is the authority which has the power to issue final commands; Political sovereignty is the power
behind the legal sovereign, or the sum of the influences that operate upon it.

b. Internal sovereignty refers to the power of the State to control its domestic affairs; External sovereignty is the
power of the State to direct its relations with other States (independence)

State Immunity

- The State may not be sued without its consent. (1987 Constitution, Art. XVI, Sec. 3)

Basis of the Doctrine of State Immunity

1.Indiscriminate suits against the State will impair its dignity and supposed infallibility.

2. Per Justice Holmes, there can be no legal right against the authority which makes the law on which the right depends.

3. If it were otherwise, government service may be severely obstructed and public safety endangered because of the number
of suits that the State has to defend against.

GR: All states are sovereign equals and cannot assert jurisdiction over one another, consonant with the public international
law principle of par in parem non habet imperium. A contrary disposition would "unduly vex the peace of nations."

The head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from suit.

Likewise, public officials may not be sued for acts done in the performance of their official functions or within the scope of
their authority.

XPN: A State may be sued if it gives consent, whether express or implied. (Waiver of Immunity)

Forms of consent

1. Express consent - The express consent of the State to be sued must be embodied in a duly enacted statute and may not
be given by a mere counsel of the government.

2. Implied consent

a. When the State commences litigation, it becomes vulnerable to counterclaim.

b. When State enters into a business contract.

Governmental & Proprietary Functions (Capacities of the State in entering into contracts)

1. In jure gestionis – By right of economic or business relations; commercial, or proprietary acts. MAY BE SUED.
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NOTE: The State may be said to have descended to the level of an individual and can thus be deemed to have tacitly given
its consent to be sued only when it enters into business contracts. Consequently, the restrictive application of State immunity
is proper only in such case. (Restrictive Theory of State Immunity from suit)

2. In jure imperii – By right of sovereign power and in the exercise of sovereign functions. No implied consent.

NOTE: In exercising the power of eminent domain, the State exercises a power jure imperii. Yet, it has been held that where
property has been taken without the payment of just compensation, the defense of immunity from suit cannot be set up in
an action for payment by the owner.

Diplomatic Immunity

- essentially a political question and the courts should refuse to look beyond the determination by the executive
branch
- As a rule, however, domestic servants enjoy immunities and privileges only to the extent admitted by the receiving
State and insofar as they are connected with the performance of their duties.

Modes of waiving diplomatic immunity and privileges

1. Expressly by the sending State; or,

2. Impliedly, as when the person entitled to the immunity from jurisdiction commences litigation in the local courts and
thereby opens himself to any counterclaim directly connected with the principal claim.