1. WHAT COMPRISES NATIONAL TERRITORY?
According to this doctrine, the basis of the boundaries of the
CODE: AOTI
1. The PHILIPPINE ARCHIPELAGO – the body of water
studded with islands which is delineated in the Treaty of
Paris, as amended by the Treaty of Washington and the
Treaty with Great Britain.
2. All OTHER TERRITORIES over which the Philippines has
sovereignty or jurisdiction.
INCLUDES ANY TERRITORY:
1. presently belonging, or
2. those that might in the future belong to the
Philippines through any of the accepted international
modes of acquiring territory
3. TERRITORIAL SEA, the seabed, the subsoil, the insular
shelves, and other submarine areas in the Philippine
archipelago and all other territories, corresponding to (1)
and (2) above.
4. INTERNAL WATERS – Waters around, between, and
connecting the islands of the archipelago, regardless of
their breadth and dimensions.
NOTE: The Philippine archipelago (1) and all other
territories (2) consist of the following domains: Terrestrial
(land), Fluvial (waters), and Aerial (air)
2. WHAT IS THE ARCHIPELAGIC DOCTRINE?
An Archipelago is a cluster of islands. Archipelagic doctrine
prevents these islands from being cut off from the mother
nation because of their location in "international waters."
By this doctrine, it means that a group of islands shall be
considered as a national unit. The waters around, between,
and connecting every island on the group regardless of their
size and dimensions will be treated as part of the INTERNAL
WATERS.
It should be the basis in delineating such boundary.
archipelago should be the straight line connected by points in
the outer islands or periphery of the archipelago (STRAIGHT
BASELINE METHOD).
3. WHAT ARE THE ELEMENTS OF THE STATE?
CODE: GSPoT
1. GOVERNMENT – Institution organized and run to manage
the affairs of the State.
2. SOVEREIGNTY – Power of the State to regulate matters
within its own territory.
3. POPULATION (PEOPLE) – Group of persons sufficiently
numerous held together by a common bond.
4. TERRITORY – A definite area over which the State
exercises sovereign jurisdiction.
4. STATE IMMUNITY FROM SUIT: WHAT IS THE GENERAL
RULE?
EXCEPTION?
The general rule is that the State cannot be sued without
its consent because there is no legal right against the authority
which makes the law on which the right depends.
EXCEPTIONS:
1. EXPRESS Consent - The law expressly grants the authority
to sue the State of any of its agencies;
2. IMPLIED Consent – When the State (through its proper
officer, within the scope of his authority) enters into a
PRIVATE contract; EXCEPT when the contract is merely
incidental to the performance of a governmental function;
3. A suit against an incorporated government agency
performing proprietary business operations;
4. The State commences a suit against a private party.
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5. POLITICAL QUESTION VS. JUSTICIABLE ISSUE:
A justiciable question is one that can be decided by
courts like issues arising out of obligations and contracts, and
violations of laws, etc. The courts have jurisdiction over these
things, meaning they can hold a trial and issue judgments.
(INVOLVES QUESTION OF LAW)
Political questions, on the other hand, are beyond the
reach and jurisdiction of courts and are better decided by the
people using their sovereign rights and discretion. (INVOLVES
WISDOM OF LAW)
EXAMPLES:
A classic example is who should win in an election? The
courts cannot dictate who is the better candidate, as this is a
political question that only the people can decide. But if there
is cheating during the election, the court can decide whether
there was cheating or not because there are laws that
determine it, hence, this is a justiciable issue.
Another example would be: Is it right for the US to invade
Iraq? This is a political question because only the people,
through their opinion and behavior during elections, can
rightly answer this question. But when a soldier commits a
crime while in Iraq, this is a justiciable issue which can be
decided by courts because, again, there are laws governing
crimes.
6. WHO ARE CITIZENS OF THE PHILIPPINES?
1) Those who are CITIZENS of the Philippines at the time of
the ADOPTION of the 1987 Constitution;
2) Those whose FATHERS and 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;
4) Those who are NATURALIZED in accordance with law.
WHO ARE NATURAL BORN CITIZENS?
Citizens of the Philippines from birth who DO NOT NEED to
perform ANY ACT to acquire or perfect their Philippine
citizenship.
WHO IS A NATURALIZED CITIZEN?
One who, being born an alien, has lawfully become a citizen
of the Philippines.
WHAT ARE THE MODES OF ACQUIRING CITIZENSHIP?
1) JUS SOLI – acquisition of citizenship on the basis of PLACE
OF BIRTH;
2) JUS SANGUINIS – acquisition of citizenship on the basis of
BLOOD RELATIONSHIP;
3) NATURALIZATION – the legal act of adopting an alien and
clothing him with the privilege of a native-born citizen.
7. PURPOSE OF SEPARATION OF POWERS:
To prevent a concentration of authority in one person or
group of persons that might lead to an irreversible error or
abuse in its exercise to the detriment of our republican
institution
8. GENERAL RULE IN DELEGATION OF POWERS:
The rule is POTESTAS DELEGATA NON DELEGARI
POTEST – what has been delegated cannot be delegated.
It is based upon the ethical principle that such delegated
power constitutes not only a right but a duty to be performed
by the delegate through the instrumentality of his own
judgment and not through the intervening mind of another.
EXCEPTIONS:
Delegation of legislative powers is permitted in the
following cases:
1) Tariff powers to the PRESIDENT;
2) Emergency powers to the President;
3) Delegation to the people at large;
2
 4) Delegation to local governments;
5) Delegation to administrative bodies
9. Article II, Section 10: SOCIAL JUSTICE:
SOCIAL JUSTICE – The welfare of the people is the
supreme law. It is not about equality but protection – to give
those with less privilege in life more privileges in law.
10.What is JUDICIAL REVIEW and JUDICIAL POWER, are
they the SAME?
NO, they are not. JUDICIAL REVIEW – is the power of the
SC to declare a law, treaty, ordinance, etc.
UNCONSTITUTIONAL, while on the other hand, JUDICIAL
POWER – is the authority to settle JUSTICIABLE controversies
or disputes involving rights that are enforceable and
demandable before the courts of justice or the redress of
wrongs for violations of such rights.
11.ARTICLE VI, SEC. 26 (2) - (2) No bill passed by either House
shall become a law unless it has passed three readings on separate
days, and printed copies thereof in its final form have been distributed
to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet
a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be
taken immediately thereafter, and the yeas and nays entered in the
Journal.
Bills passed by either House must pass (three) 3 readings
on separate days, and printed copies thereof in its final form
distributed to its members 3 days before its passage.
1) 1ST READING – Only the TITLE is read; the bill is passed to
the proper committee;
2) 2nd READING – Entire text is read and debates are held;
amendments introduced;
3) 3rd READING – Only the title is read, no amendments
allowed. Vote shall be taken immediately thereafter and the
yeas and nays entered in the journal.
EXCEPTION – When the President certifies to the necessity of
the bill’s immediate enactment to meet a PUBLIC CALAMITY
or EMERGENCY, the THREE (3) READINGS can be held on the
SAME DAY.
12.POWER OF LEGISLATIVE INVESTIGATION - The Senate or
the House of Representatives or any of its respective
committees may conduct inquiries IN AID OF LEGISLATION in
accordance with its duly published rules of procedure. The
rights of persons appearing in or affected by such inquiries
shall be respected.
The inquiry, to be within the jurisdiction of the legislative body
making it, must be material or necessary to the exercise of a
power in it vested by the Constitution, such as to
legislate or to expel a member.
13.POWERS OF THE SENATE / HOUSE OF
REPRESENTATIVE:
CLASSIFICATION OF LEGISLATIVE POWER:
1) CONSTITUENT – The power to amend or revise the
Constitution;
2) ORDINARY – The power to pass ordinary laws;
3) ORIGINAL – Possessed by the people in their sovereign
capacity, exercised via INITIATIVE and REFERENDUM;
4) DELEGATED – Possessed by Congress and other legislative
bodies by virtue of the Constitution.
14) POWERS OF THE PRESIDENT – The President’s
Executive powers are not limited to those set forth in the
Constitution. The President has RESIDUAL POWERS (Inherent
powers of the President) as the Chief Executive, which powers
include others not set forth in the Constitution. (Ex. Immunity
from suit and criminal prosecution while he is in office).
1) POWER TO APPOINT – Executive in nature; while Congress
may prescribe the qualifications for particular offices, the
determination of who among those who are qualified will be
appointed is the President’s prerogative.
2) POWER OF CONTROL – The power to alter, modify, or set
aside what a subordinate officer has done in the performance
of his duties, and to substitute the judgment of the officer for
that of his subordinate.
3

3) DISCIPLINARY POWER – The power of the President to
discipline officers flows from the power to appoint the officer
and NOT from the power to control.
4) POWER OF SUPERVISION – The power to ensure that the
laws are faithfully executed by subordinates.
NOTE: The Power of Supervision DOES NOT INCLUDE the
Power of Control, but the Power of Control necessarily
INCLUDES the Power of Supervision.
5) COMMANDER-IN-CHIEF POWERS – As Commander-In-
Chief of the Armed Forces, whenever necessary, the President
may call out the Armed Forces to:
1) PREVENT or SUPPRESS
1) Lawless violence;
2) Invasion;
3) Rebellion.
2) He may also:
1) Suspend the privilege of the writ of habeas
corpus;
2) Proclaim a state of martial law.
6) POWER TO GRANT EXECUTIVE CLEMENCY – includes
cases involving administrative penalties. Where a conditional
pardon is granted, the determination of whether it has been
violated rests with the President.
1) COMMUTATIONS – lessening of penalty
2) REPRIEVES – temporary postponement of penalty
3) PARDONS (conditional or plenary) - forgiveness of a
crime and the penalty associated with it.
4) REMITTANCE of fines and forfeitures
7) POWER TO ENTER INTO FOREIGN RELATIONS – includes
treaties, international agreements, power to appoint
ambassadors and other public ministers and consuls, power to
receive ambassadors accredited to the Philippines, power to
contract or guarantee foreign loans in behalf of the Republic,
power to deport aliens, etc.
15) EXECUTIVE PRIVILEGE – is the President’s
constitutional authority to prevent any member of the Armed
Forces from testifying before a legislative inquiry by virtue of
his power as commander-in-chief, and that as a consequence, a
military officer who defies such injunction is liable under
military justice.
The only way to circumvent this is by JUDICIAL ORDER
because the President may be commanded by judicial order to
compel the attendance of the military officer. Final judicial
orders have the force of the law of the land which the
President has the duty to faithfully execute.
16) WHAT DO YOU UNDERSTAND BY A LEGISLATOR’S
PRIVILIGE OF IMMUNITY FROM ARREST?
Legislators are privileged from arrest while Congress is “IN
SESSION” ONLY (whether regular or special) with respect to
offenses punishable by not more that 6 years of imprisonment.
The immunity does not extend to prosecution of criminal
offenses.
17) WHAT IS THE ENROLLED BILL DOCTRINE?
The signing of a bill by the Speaker of the House and the
President of the senate and its certification by the secretaries
of both Houses of Congress that such bill was passed are
conclusive of its due enactment. (Arroyo v. De Venecia, G.R.
No. 127255, August 14, 1997)
ENROLLED BILL – The official copy of approved legislation
and bears the certifications of the presiding officers of each
House. Thus, where the certifications are valid and are not
withdrawn, the contents of the enrolled bill are conclusive
upon the courts as regards the provision of that particular bill.
18) WHAT ARE THE BILLS THAT ORIGINATE FROM THE
HOUSE OF REPRESENTATIVES, IF ANY?
CODE: PuLP ART
1) Bills authorizing the increase of PuBLIC DEBT
2) Bills of LOCAL APPLICATION
3) PRIVATE Bills
4
 4) APPROPRIATION Bills
5) REVENUE Bills
6) TARIFF Bills
19) WHAT DO YOU UNDERSTAND BY THE POWER OF
THE PURSE? THE POWER OF THE SWORD?
The POWER OF THE PURSE refers to the constitutional
power given Congress to raise and spend money. No money
shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
The POWER OF THE SWORD refers to the constitutional
power given the Executive Department to implement its Police
Power.
20) WHAT IS THE PROCEDURE TO FILL UP VACANCY IN
THE OFFICE OF THE PRESIDENT?
1) Congress shall convene 3 DAYS after the vacancy in the
offices of both the President and the VP, without need of a call.
The convening of Congress cannot be suspended.
2) Within 7 DAYS after convening, Congress shall enact a law
calling for a special election to elect a president and a VP. The
special election cannot be postponed.
3) The requirement of 3 READINGS on SEPARATE DAYS
under Sec. 26(2), Art. VI shall not apply to a bill calling for a
special election. The law shall be deemed enacted upon its
approval on 3RD READING.
4) The special election shall be held within 45-60 DAYS from
the time of the enactment of the law.
EXCEPTION: No special election shall be called if the
vacancy occurs within 18 months before the date of the
next Presidential Election.
21) BASIS OF THE POWER OF THE PRESIDENT?
The basis of the power of the President is expressed in Art. 7,
Sec. 1 of the 1987 Constitution which says that, “The executive
power shall be vested in the President of the Philippines.”
22) WHAT IS THE DOCTRINE OF QUALIFED POLITICAL
AGENCY? EXCEPTIONS, IF ANY?
Under this doctrine, which recognizes the establishment of a
single executive, all executive and administrative organizations
are adjuncts of the Executive Department, the heads of the
various executive departments are assistants and agents of the
Chief Executive. The multifarious executive and administrative
functions of the Chief Executive are performed by and through
the executive departments, and the acts of the Secretaries of
such departments, performed and promulgated in the regular
course of business, are, unless disapproved or reprobated by
the Chief Executive, presumptively the acts of the Chief
Executive
EXCEPTION:
In cases where the Chief Executive is required by the
Constitution or law to act in person or the exigencies of the
situation demand that he act personally.
23) WHAT IS THE PRINCIPLE OF TRANSFORMATION OF
INTERNATIONAL LAW?
DOCTRINE OF TRANSFORMATION – states that the generally
accepted rules of international law are not right away binding
upon the State. It must first be embodied in legislation
enacted by the lawmaking body to transform it into municipal
law. Only when so transformed will it become binding upon
the State as part of its municipal law.
24) DIFFERENTIATE AMNESTY AND PARDON:
AMNESTY – is an act of grace concurred by Congress, usually
extended to groups of persons who commit political offenses,
which puts into oblivion the offense itself. The President alone
CANNOT grant amnesty for it needs the concurrence by a
majority of all the members of Congress.
PARDON – is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts the
individual on whom it is bestowed from the punishment the law
inflicts fro the crime he has committed.
5
 real sense, the fiscal autonomy contemplated in the
AMNESTY AND PARDON DISTINGUISHED: constitution is enjoyed even before and, with more reasons,
after the release of the appropriations. Fiscal autonomy
1) PARDON includes any crime and is exercised individually by encompasses, among others, budget preparation and
the President; AMNESTY is a blanket pardon to classes of implementation, flexibility in fund utilization of approved
persons or communities who may be guilty of political offenses. appropriations, use of savings and disposition of receipts.
(Defined by: Constitutional Fiscal Autonomy Group (CFAG),
2) PARDON is exercised when the person is already convicted; Comm. On Human Rights Employees Association v. Comm. On
AMNESTY may be exercised even before trial or investigation Human Rights, G.R. No. 155336 July 21, 2006)
is had.
26) WHAT ARE THE CASES REQUIRED TO BE HEARD EN
3) PARDON looks forward and relieves the offender from the BANC BY THE SUPREME COURT?
consequences of an offense of which he has been convicted,
that is, it abolishes or forgives the punishment, and for that 1) All cases involving constitutionality of a:
reason it does “not work the restoration of the rights to hold CODE: L I T
public office or the right to suffrage, unless such rights be 1) LAW
expressly restored by the terms of the pardon.” On the other 2) INTERNATIONAL or Executive Agreement
hand, AMNESTY looks backward and abolishes and puts into 3) TREATY
oblivion the offense itself; it so overlooks and obliterates the
offense with which he is charged that the person released by 2) All cases involving the constitutionality, application, or
amnesty stands before the law precisely as though he had operation of:
committed no offense. CODE: P O P O R I
1) PRESIDENTIAL DECREES
PARDON does not alter the fact that the accused is a recidivist, 2) ORDERS
because it produces the extinction only of the personal effects 3) PROCLAMATIONS
of the penalty. AMNESTY makes an ex-convict no longer a 4) ORDINANCES
recidivist because it obliterates the last vestige of the crime. 5) other REGULATIONS
6) Instructions
4) Both do not extinguish civil liability of the offender.
3) All cases required to be heard en banc under the RULES OF
5) PARDON, being a private act of the President, must be COURT.
pleaded and proved by the person pardoned; while AMNESTY
being by Proclamation of the Chief Executive with the 4) Appeals from the Sandiganbayan and from the
concurrence of Congress, is a public act of which the courts Constitutional Commissions.
should take judicial notice.
5) Cases heard by a division where required majority of 3 was
25.WHAT IS FISCAL AUTONOMY? not obtained.

FISCAL AUTONOMY shall mean independence or freedom
regarding financial matters from outside control and is
characterized by self direction or self determination. It does
not mean mere automatic and regular release of approved
appropriations to agencies vested with such power in a very
6) Cases where SC modifies or reverses a doctrine or principle
of law laid down by the SC en banc or by a division.
7) Administrative cases to discipline or dismiss judges of lower
courts.

6
 11) The Commissions may appoint their own officials and
8) Election contests for President and VP. employees in accordance with Civil Service Law.

29) WHAT DO YOU UNDERSTAND BY A COLLEGIATE

27) WHAT ARE THE POWERS OF THE SUPREME COURT? BODY?

1) JURISDICTION Body of EQUALS (group of colleagues). As COLLEGIAL

2) Temporarily assign lower court judges to other stations in BODIES, each commission must act as one, and no one
the public interest member can decide a case for the entire commission.
Temporary assignment - shall not exceed 6 MONTHS w/o E.g. The Chairman cannot ratify a decision that would
consent of the judge concerned. otherwise have been void.
3) Promulgate rules concerning:
1) the protection and enforcement of constitutional rights 30) WHAT DO YOU UNDERSTAND BY SECURITY OF
2) pleading, practice and procedure in all courts TENURE?
3) admission to the practice of law
4) the integrated bar 1) Officers or employees of the Civil Service cannot be
5) legal assistance to the underprivileged removed or suspended
EXCEPT for cause provided by law. It guarantees both
28) WHAT ARE THE SAFEGUARDS TO GUARANTEE THE procedural and substantive due process.
INDEPENDENCE OF THE CONSTITUTIONAL
COMMISSIONS? 2) LEGAL CAUSE
1) Related to and affects the administration of office;
1) Being constitutionally created, they may NOT be abolished 2) Must be substantial (directly affects the fights and
by law; interests of the public);
2) Each is expressly described as “INDEPENDENT”; 3) Security of tenure for NON-COMPETITIVE positions:
3) Each is conferred certain powers and functions by the 1) Primarily confidential officers and employees hold
Constitution which cannot be office only for so long as confidence in them remains;
reduced by statute; 2) If there is genuine loss of confidence, there is no
4) The Chairmen and members cannot be removed, except by removal, but merely the EXPIRATION OF THE
impeachment; TERM of office;
5) The Chairmen and members are given a fairly long term of 3) Non-career service officers and employees do not
office of 7 YEARS; enjoy security of tenure;
6) The Chairmen and members may not be re-appointed or 4) Political appointees in the Foreign Service possess
appointed in an acting capacity; tenure co-terminus with that of the appointing
7) Salaries of the Chairmen and members are relatively high authority, or subject to his pleasure;
and may not be decreased during continuance in office; 4) One must be VALIDLY APPOINTED to enjoy security of
8) The Commissions enjoy FISCAL AUTONOMY (Sec. 5, Art. tenure. Thus, one who is not appointed by the proper
IXA); appointing authority does not acquire security of tenure.
9) Each Commission en banc may promulgate its own
procedural rules, provided they do not diminish, increase 31) DISTINGUISH ADDITIONAL COMPENSATION,
or modify substantive rights (Sec. 6, Art. IXA); DOUBLE COMPENSATION, AND INDIRECT
10) The Chairmen and member are subject to certain COMPENSATION:
disqualifications calculated to strengthen their integrity;

7

32) WHO MAY BE IMPEACHED? WHO CAN IMPEACH?
The 1987 Philippine Constitution says the grounds for
impeachment include culpable violation of the Constitution,
bribery, graft and corruption, and betrayal of public trust.
These offenses are considered "high crimes and
misdemeanors" under the Philippine Constitution.
IMPEACHABLE OFFICIALS UNDER THE CONSTITUTION:
1) The President;
2) Vice President;
3) Supreme Court justices;
4) members of the Constitutional Commissions;
and;
5) Ombudsman.
Under Sections 2 and 3, Article XI, Constitution of the
Philippines, the House of Representatives of the Philippines
has the exclusive power to initiate all cases of impeachment
against the President, Vice President, members of the Supreme
Court, members of the Constitutional Commissions
(Commission on Elections, Civil Service Commission,
Commission on Audit), and the Ombudsman. When a third of
its membership has endorsed the impeachment articles, it is
then transmitted to the Senate of the Philippines which tries
and decide, as impeachment tribunal, the impeachment case.
In the Senate, selected members of the House of
Representatives act as the prosecutors and the Senators act as
judges with the Senate President and Chief Justice of the
Supreme Court jointly presiding over the proceedings.
To convict the official in question requires that a minimum
of 2/3 (i.e., 16 of 24 members) of all the Members of the Senate
vote in favor of conviction.
33) WHAT ARE THE GROUNDS FOR IMPEACHMENT?
1) culpable violation of the Constitution;
2) treason;
3) bribery;
4) graft and corruption;
5) other high crimes or betrayal of public trust.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
X
34. What is the difference between AMENDMENT and
REVISION, or are these the same?
Amendment is an alteration of one or a few specific provisions
of the Constitution. Its main purpose is to improve specific
provisions of the Constitution. The changes brought about by
amendments will not affect the other provisions of the
Constitution.
Revision, on the other hand, is an examination of the entire
Constitution to determine how and to what extent it should be
altered. A revision implies substantive change, affecting the
Constitution as a whole.
35. Modes for Amending / Revising the Constitution:
The modes for amending the Constitution are (1) by Congress,
acting as a Constituent Assembly, by a ¾ vote of all its
members, (2) by Constitutional Convention, which may be
called by Congress by a 2/3 vote of all its members or may be
submitted to the electorate by a majority vote of all the
members of Congress, and (3) by people’s initiative, which
must be signed by at least 12% of all registered voters, with
every legislative district represented by at least 3% of the
registered voters therein.
The modes for revising the Constitution are (1) by Congress,
upon a vote of ¾ of its members and (2) by a Constitutional
Convention.
36. Section 2, Article XII of the 1987 Constitution:
“All lands of public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural
8
resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of
natural resources shall be under the full control and
supervision of the State. The State may directly undertake
such activities, or it may enter into co-production, joint
venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per
centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In
cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to Filipino
citizens.
The congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative
fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance
for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the
general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of
the country. In such agreements, the State shall promote the
development and use of local scientific and technical
resources.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within thirty
days from its execution.”
The regalian doctrine states that all natural resources cannot
be alienated, with the exception of agricultural lands.
Imperium is the government authority possessed by the State,
which is appropriately embraced in sovereignty.
Dominium is the capacity of the State to own and acquire
property. It refers to lands held by the government in a
proprietary character.
37. What is land of the public domain? Can these be leased?
Can these be alienated?
Section 3, Article XII of the 1987 Constitution:
“Lands of the public domain are classified into agricultural,
forest/timber, mineral lands and national lands. Agricultural
lands of the public domain may be further classified by law
according to the uses to which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural
lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for period
not exceeding twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the Philippines may
lease not more than five hundred hectares, or acquire more
than twelve hectares thereof by purchase, homestead, or
grant.
Taking into account the requirements of conservation, ecology,
and development, and subject to the requirements of agrarian
reform, the Congress shall determine, by law, the size of lands
of the public domain which may be acquired, developed, held,
or leased and the conditions therefor.”
38. Who can own Real Property?
As a general rule, private lands can only be conveyed to (1)
Filipino citizens and (2) corporations or associations
incorporated hi9n the Philippines, at least 60% of whose
capital is owned by Filipino citizens.
39. Section 19, Article XII of the 1987 Constitution:
“The State shall regulate or prohibit monopolies when the
public interest so requires. No combinations in restraint of
trade or unfair competition shall be allowed.”
40. What is Academic Freedom?
Section 5, Article XIV of the 1987 Constitution:
“The State shall assign the highest budgetary priority to
education and ensure that teaching will attract and retain its
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and
fulfillment.”
9
 Academic freedom is (1) the freedom of schools to determine
who may teach, what may be taught, how it shall be taught,
and who may be admitted to study, (2) the freedom of faculty
members in research and in the publication of the results,
subject to the adequate performance of their other academic
duties, in the classroom in discussing their subjects, but they
should be careful not to introduce into their teaching
controversial matter which has no relation to their subjects,
and in speaking or writing in their capacity as citizens, which
constitutes freedom from institutional censorship or discipline,
and (3) the freedom of students to enjoy in school the
guarantees of the Bill of Rights.
41. Can the State regulate the size of one’s family? Basis of
answer?
Yes. Basis: Section 1, Article XV of the 1987 Constitution:
“The State recognizes the Filipino family as the foundation of
the nation. Accordingly, it shall strengthen its solidarity and
actively promote its total development.”
42. Section 1, Article XVI of the 1987 Constitution:
“The flag of the Philippines shall be red, white, and blue, with a
sun and three stars, as consecrated and honored by the people
and recognized by law.”
43. Legislative power, on the other hand, is the power to pass,
repeal or amend ordinary laws or statutes. It is an ordinary
power of Congress and of the people, also through initiative
and referendum. It needs the approval of the Chief Executive,
except when done by the people through initiative and
referendum.
Constituent power is the power to formulate a Constitution
or to propose amendments to or revision of the Constitution
and to ratify such proposal. It is exercised by Congress (by
special constitutional conferment), by a Constitutional
Convention or Commission, by the people through initiative
and referendum, and, ultimately, by the sovereign electorate. It
does not need the approval of the Chief Executive.
44. Does the Constitution recognize civilian supremacy?
Yes.
Section 3, Article II of the 1987 Constitution:
“Civilian authority is, at all times, supreme over the military.
The Armed Forces of the Philippines is the protector of the
people and the State. Its goal is to secure the sovereignty of
the State and the integrity of the national territory.”
45. Section 13, Article VII of the 1987 Constitution:
“The President, Vice-President, the Members of the Cabinet,
and their deputies or assistants shall not, unless otherwise
provided in this Constitution, hold any other office or
employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession,
participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted
by the Government or any subdivision, agency or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries. They shall strictly
avoid conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the
fourth civil degree of the President shall not during his tenure
be appointed as Members of the Constitutional Commissions,
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices,
including government-owned or controlled corporations and
their subsidiaries.”
46. Do Senators, members of House of Representatives, and
President enjoy immunity from suit?
Legislators are privileged from arrest while Congress is in
session only with respect to offenses punishable by not more
than 6 years of imprisonment. The immunity, however, does not
extend to the prosecution of criminal offenses.
On the other hand, the President’s immunity from suit is
personal and may be invoked by him alone. The President may,
however, waive the immunity impliedly, as when he himself
files suit.
47. Distinguish between power to control and power to
discipline:
The power to control is the power of an officer to alter, modify,
or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of
the officer for that of his subordinate.
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 The power to discipline, on the other hand, is the power of the
President to discipline officers, which flows from the power to
appoint the officer and not from the power to control.

48. What Executive actions need concurrence of Congress?

By the Senate? By the House of Representatives?
The suspension of the privilege of the writ of habeas corpus
may be revoked by Congress, voting jointly, by a vote of at least
a majority, and the President cannot set aside the revocation.
Amnesty cannot be granted by the President alone, for it needs
the concurrence by a majority of all the members of Congress.
The President has the power to negotiate treaties and other
international agreements, however, the same shall be
transmitted to the Senate, which may (1) approve it by 2/3
majority vote, (2) disapprove it outright, or (3) approve it
conditionally, with suggested amendments.

49. What is the effect of a declaration of unconstitutionality

of an act of of a law?
The effect of a declaration of unconstitutionality is that, prior
to the declaration that a particular law is unconstitutional, it is
considered an “operative fact.” Vested rights acquired under
such law before it was declared unconstitutional are not
prejudiced by the subsequent declaration that the law is
unconstitutional.

50. What is merit and fitness in civil service appointments?

In civil service appointments, entrance based on merit and
fitness is to be determined as far as practicable by competitive
examinations, or based on highly technical qualifications. This
characterizes the career service or competitive positions while
the non-career service or non-competitive positions are
exempted from the same.

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