POLITICAL LAW PART I DEFINITIONS & CONCEPTS 1. Define: a.

Political Lawis that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. (PEOPLE S. PE!"E#$O% &' Phil. (()* b. #onstitutional Law c. #onstitution d. +dministrative Law e. Law of Public Officers f. Law on Public #orporations g. Election Law h. ,istinction between Political Law and #onstitutional Law 2. Read: ACARIOLA !S. "#D$E AS#NCION% 11& SCRA ''

$he provision in the #ode of #ommerce which prohibits -udges% -ustices% etc.% (public officers* from engaging in business within the territorial -urisdiction of their courts is political in nature and therefore% said provision was deemed abrogated when there was a change of sovereignty from Spain to the .nited States at the turn of the century. Political laws are deemed abrogated if there is a change of sovereignty and unless re/enacted under the new sovereign% the same is without force and effect. (. T)e S*+,e-ac. of t)e Con/tit*tion Read: 1. 2. #T#C !S. CO ELEC% (0 SCRA 221

ANILA PRINCE 2OTEL !S. $SIS% 20' SCRA &31

+ constitution is a system of fundamental laws for the governance and administration of a nation. 0t is supreme% imperious% absolute and unalterable e1cept by the authority from which it emanates. 0t has been defined as the fundamental and paramount law of the nation. 0t prescribes the permanent framewor2 of a system of government%

assigns to the different departments their respective powers and duties% and establishes certain fi1ed principles on which government is founded. $he fundamental conception in other words is that it is a supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered. .nder the doctrine of constitutional supremacy% if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the e1ecutive branch or entered into by private persons for private purposes is null and void and without any force and effect. $hus% since the #onstitution is the fundamental% paramount and supreme law of the nation% it is deemed written in every statute and contract. +dmittedly% some constitutions are merely declarations of policies and principles. $heir provisions command the legislature to enact laws and carry out the purposes of the framers who merely establish an outline of government providing for the different departments of the governmental machinery and securing certain fundamental and inalienable rights of citizens. + provision which lays down a general principle% such as those found in +rt. 00 of the 34() #onstitution% is usually not self/e1ecuting. 5ut a provision% which is complete in itself and becomes operative without the aid of supplementary or enabling legislation% or that which supplies sufficient rule by means of which the right it grants may be en-oyed or protected% is self/e1ecuting. $hus a constitutional provision is self/e1ecuting if the nature and e1tent of the right conferred and the liability imposed are fi1ed by the constitution itself% so that they can be determined by an e1amination and construction of its terms% and there is no language indicating that the sub-ect is referred to the legislature for action. &. 4ind/ of Con/tit*tion a* written or unwritten b* rigid and fle1ible c* cumulative or conventional 5. A END ENT OR RE!ISION OF T2E CONSTIT#TION 6A,t. 7!II8 Section 1. +ny amendment to% or revision of% this #onstitution may be proposed by6

738 $he #ongress upon a vote of 9 of all its :embers; or 7<8 + constitutional #onvention. Section 2. +mendments to this #onstitution may li2ewise be directly proposed by the people through initiative upon a petition of at least 3<= of the total number of registered voters% of which every legislative district must be represented by at least '= of the registered voter therein. >o amendment under this Section shall be authorized within five (?* years following the ratification of this #onstitution nor oftener than once every five years thereafter. $he #ongress shall provide for the implementation of the e1ercise of this right. Section (. $he #ongress% by a vote of <@' of all its members% cal a constitutional convention% or by a ma-ority vote of all its :embers% submit to the electorate the Auestion of calling such a convention. Section &. +ny amendment to% or revision of% this #onstitution under Section 3 hereof shall be valid when ratified by a ma-ority of the votes cast in a plebiscite which shall be held not earlier than si1ty days nor later than ninety days after the approval of such amendment or revision. +ny amendment under Section < hereof shall be valid when ratified by a ma-ority of the votes cast in a plebiscite which shall be held not later than ninety days after the certification by the #O:ELE# of the sufficiency of the petition. >O$E6 +mendments to% or revision of the #onstitution is +L0, only when approved by a ma-ority of the votes cast during the plebiscite% not by the votes of the :embers of #ongress. 2. Read: R.A. 0'(5 !eAuisites for a valid peopleBs initiative to amend the #onstitution; distinctions between amendment and revision. RA#L L. LA 9INO and ERICO 9. A# ENTADO % to:et)e, wit) 0%(2'%;52 ,e:i/te,ed <ote,/ </. T2E CO ISSION ON ELECTIONS% $.R. No. 1'&15(% Octo=e, 25% 2330% 535 SCRA 103 Ca,+io% ".

Fact/: Petitioners filed a Petition for 0nitiative and !eferendum with the #O:ELE# to amend the 34() Philippine #onstitution% particularly +rticles 0 and 00 to replace the present Presidential/5icameral system of government to Parliamentary/.nicameral system using Section <% +rt. C 00 of the #onstitution. Petitioners claim that their petition was signed by D%'<)%4?< million voters all over the country and the same constitutes over 3<= of all the registered voters in the entire country and that more than '= of the registered voters in every legislative district signed the same in accordance with Section <% +rt. C 00 of the #onstitution. $he petition to change the #onstitution involves sections 3/) of +rticle 0; Sections 3/& of +rticle 00 and an +rticle C 00 entitled E$ransitory ProvisionsF. $he petitioners prayed with the #O:ELE# that after due publication of their Petition% the #O:ELE# should submit the following proposition in a plebiscite for the votersB ratification6 ,O GO. +PP!O E $HE +:E>,:E>$ O" +!$0#LES 0 +>, 00 O" $HE 34() #O>S$0$.$0O>% #H+>I0>I $HE "O!: O" IO E!>:E>$ "!O: $HE P!ES0,E>$0+L 50#+:E!+L $O + .>0#+:E!+L/P+!L0+:E>$+!G SGS$E:% +>, P!O 0,0>I +!$0#LE C 000 +S $!+>S0$O!G P!O 0S0O>S "O! $HE O!,E!LG SH0"$ "!O: O>E SGS$E: $O $HE O$HE!J $he #O:ELE# dismissed the petition citing S+>$0+IO S. #O:ELE#% <)K S#!+ 3KD where it was held that6 !+ D)'? intended to include the System of 0nitiative on +mendments to the #onstitution% but is% unfortunately% 0nadeAuate to cover that system under Section <% +rt. C 00 of the #onstitution. 1 1 1 . $he foregoing brings us to the conclusion that !+ D)'? is incomplete% inadeAuate or wanting in essential terms and conditions insofar as initiative on amendments to the #onstitution is concerned. 0ts lacunae on this substantive matter are fatal and cannot be cured by EempoweringF the #O:ELE# to promulgate such rules and regulations as may be necessary to carry the purposes of this act. #onsidering the said dismissal% petitioners elevated the matter to the Supreme #ourt on #ertiorari and :andamus alleging rave abuse of discretion and to set aside the #O:ELE#B ,ecision and to compel the latter to give due course to their initiative petition. T)e I//*e/:

3. LHE$HE! $HE L+:50>O I!O.PBS PE$0$0O> #O:PL0ES L0$H SE#$0O> <% +!$0#LE C 00 O" $HE #O>S$0$.$0O> O> +:E>,:E>$S $O $HE #O>S$0$.$0O> $H!O.IH PEOPLEBS 0>0$0+$0 E; <. LHE$HE! $HE #O.!$ SHO.L, !E 0S0$ 0$S !.L0>I 0> ,E"E>SO!/S+>$0+IO S. #O:ELE#% ,E#L+!0>I $H+$ !+ >O. D)'? E0>#O:PLE$E% 0>+,EM.+$E O! L+>$0>I 0> ESSE>$0+L $E!:S +>, #O>,0$0O>SF $O 0:PLE:E>$ $HE 0>0$0+$0 E #L+.SE O> P!OPOS+LS $O +:E>, $HE #O>S$0$.$0O>; and '. LHE$HE! $HE #O:ELE# #O::0$$E, I!+ E +5.SE O" ,0S#!E$0O> 0> ,E>G0>I ,.E #O.!SE $O $HE L+:50>O I!O.PBS PE$0$0O>. 2 E L D: $here is no merit to the petition. $he Lambino group miserably failed to comply with the basic reAuirements of the #onstitution for conducting a peopleBs initiative. $hus% there is even no need to revisit Santiago% as the present petition warrants dismissal based alone on the Lambino IroupBs glaring failure to comply with the basic reAuirements of the #onstitution. +s such% there is li2ewise no grave abuse of discretion on the part of the #O:ELE#. Section <% +rticle C 00 of the #onstitution is the governing constitutional provision that allows a peopleBs initiative to propose amendments to the #onstitution. $his Section provides6 ESection <. +mendments to this #onstitution may li2ewise be ,0!E#$LG P!OPOSE, 5G $HE PEOPLE through initiative upon a petition of at least twelve per centum (3<=* of the total number of registered voters of which every legislative district must be represented by at least three per centum ('=* of the registered voters therein.F $he deliberations of the #onstitutional #onvention vividly e1plain the meaning of the amendment Edirectly proposed by the people through initiative upon a petitionF. $hus6 :!. !O,!0IO6 Let us loo2 at the mechanics. Let us say some voters want to propose a constitutional amendment. 0S $HE ,!+"$ O" $HE P!OPOSE, #O>S$0$.$0O>+L +:E>,:E>$ !E+,G $O 5E SHOL> $O $HE PEOPLE LHE> $HEG +!E +SNE, $O S0I>J

:!. S.+!EO. $hat can be reasonably assumed% :adam President. :!. !O,!0IO6 Lhat does the sponsor meanJ $he draft is ready and shown to them before they signJ >ow% who prepares the draftJ :!. S.+!EO6 $he people themselves% :adam PresidentP+s it is envisioned% any "ilipino can prepare that proposal and pass it around for signature. #learly% the framers of the #onstitution intended that the Edraft of the proposed constitutional amendmentF should be Eready and shownF to the people Ebefore they sign such proposalF. $he framers plainly stated that Ebefore they sign there is already a draft shown to them.F $he framers also EenvisionedF that the people should sign on the proposal itself because the proponents must Eprepare the proposal and pass it around for signature.F $he essence of amendments Edirectly proposed by the people through initiative upon a petitionF 0S $H+$ $HE E>$0!E P!OPOS+L O> 0$S "+#E 0S + PE$0$0O> 5G $HE PEOPLE. $his means two (<* essential elements must be present6 3. $he people must author and must sign the entire proposal. >o agent or representative can sign for and on their behalf; <. +s an initiative upon a petition% $HE P!OPOS+L :.S$ 5E E:5O,0E, 0> + PE$0$0O>. $hese essential elements are present only if the full te1t of the proposed amendments is first shown to the people who will e1press their assent by signing such complete proposal in a petition. $hus% an amendment is E,0!E#$LG P!OPOSE, 5G $HE PEOPLE $H!O.IH 0>0$0+$0 E .PO> + PE$00$O> E O>LG 0" $HE PEOPLE S0I> O> + PE$0$0O> $H+$ O#>$+0>S $HE ".LL $EC$ O" $HE P!OPOSE, +:E>,:E>$S. $he petitioners bear the burden of proving that they complied with the constitutional reAuirements in gathering the signaturesthat the petition contained% or incorporated by attachment% the full te1t of the proposed amendments. $he Lambino Iroup did not attach to their present petition a copy of the document containing the proposed amendments and as such% the people signed initiative petition without 2nowing the actual amendments proposed in the said initiative. 0nstead % the alleged D.'

million people who signed the petition had to rely the representations of +tty. Lambino. #learly% +tty. Lambino and his group deceived the D.' million signatories% and even the entire nation. <. + peopleBs initiative to change the #onstitution applies only to an amendment of the #onstitution and not to its revision. 0n contrast% #ongress and a #onstitutional #onvention can propose both amendments and revisions to the #onstitution. $his is clear under Section 3 of +rt. C 00 of the #onstitution. Lhere the intent and language of the #onstitution under Section < of +rt. C 000 clearly withhold from the people the power to propose revisions to the #onstitution% the people cannot propose revisions even as they are empowered to propose amendments. $he two are distinguished as follows6 E!evisionF is the alterations of the different portions of the entire document 7#onstitution8. 0t may result in the rewriting whether the whole constitution% or the greater portion of it% or perhaps some of its important provisions. 5ut whatever results the revision may produce% the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. $hat intention and plan must contemplate a consideration of all the provisions of the #onstitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one. E+mendmentF of the #onstitution% on the other hand% envisages a change or only a few specific provisions. $he intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. $he intention rather is to improve specific parts of the e1isting constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete% or dangerous% or misleading in their effect. :0!0+: ,E"E>SO!/S+>$0+IO% et al. s. #O:ELE#% I.!. >o. 3<)'<?% :arch 34% 344) Q Rune 3K% 344) !+ D)'? intended to include the System of 0nitiative on +mendments to the #onstitution% but is% unfortunately% 0nadeAuate to cover that system. Section < +rt. C 00 is not self/e1ecutory and unless #ongress provides for its implementation % it would remain in the cold niche of

the #onstitution. !+ D)'? in all its <' sections mentions the word E#onstitutionF only in section < and Section ' as compared to the initiative on EstatutesF and local legislation. $he foregoing brings us to the conclusion that !+ D)'? is incomplete% inadeAuate or wanting in essential terms and conditions insofar as initiative on amendments to the #onstitution is concerned. 0ts lacunae on this substantive matter are fatal and cannot be cured by EempoweringF the #O:ELE# to promulgate such rules and regulations as may be necessary to carry the purposes of this act. Enumerate the steps to be followed and the reAuisites to be met in order that the people may proposed the amendments% repeal% amend or enact a law or provision of the #nstitution. '. Lhat are the different modes of amending the constitutionJ ,istinguish E!evisionF from EamendmentF of the #onstitution. E!evisionF is the alterations of the different portions of the entire document 7#onstitution8. 0t may result in the rewriting whether the whole constitution% or the greater portion of it% or perhaps some of its important provisions. 5ut whatever results the revision may produce% the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. $hat intention and plan must contemplate a consideration of all the provisions of the #onstitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one. E+mendmentF of the #onstitution% on the other hand% envisages a change or only a few specific provisions. $he intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. $he intention rather is to improve specific parts of the e1isting constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete% or dangerous% or misleading in their effect. (S0>#O% icente% PH0L0PP0>E POL0$0#+L L+L* &. !ead6 a) MABANAG vs. LOPEZ VITO, 78 Phil. 1 b) GONZALES vs. COMELEC, 21 SCRA 77 Th!"! is #$ %"$hibi&i$# '$" C$#("!ss &$ %"$%$s! a)!#*)!#&s &$ &h! C$#s&i&+&i$# a#* a& &h! sa)! &i)! ,all '$" &h!

,$#v!#i#( $' a C$#s&i&+&i$#al C$#v!#&i$# &$ a)!#* &h! C$#s&i&+&i$#. Th! -$"* .$"/ i# &h! %"$visi$# .0C$#("!ss, +%$# a v$&! $' 1 $' all i&s )!)b!"s2 OR 324 A ,$#s&i&+&i$#al C$#v!#&i$#/ +#*!" S!,&i$# 1, A"&. 5VII als$ )!a#s .AN6/. ,) TOLENTINO vs. COMELEC, 1 SCRA 772 .6$,&"i#! $' P"$%!" S+b)issi$#/ )!a#s all &h! %"$%$s!* a)!#*)!#&s &$ &h! C$#s&i&+&i$# shall b! %"!s!#&!* &$ &h! %!$%l! '$" &h! "a&i'i,a&i$# $" "!8!,&i$# a& &h! sa)! &i)!, #$& %i!,!)!al. *) SANI6A6 vs. COMELEC, 79 SCRA 999 !) ALMARIO vs. ALBA, 127 SCRA :; I' &h! <+!s&i$# "!(a"*i#( &h! %"$%$s!* a)!#*)!#& &$ &h! C$#s&i&+&i$# *!als -i&h i&s .#!,!ssi&=, !>%!*i!#,= $" -is*$)/, &h! sa)! is %$li&i,al i# #a&+"! a#* b!=$#* &h! %$-!" $' &h! ,$+"&s &$ *!,i*!. ') MIRIAM 6E?ENSOR SANTIAGO VS. COMELEC, 277 ACRA 17:

POLITICAL LAW PART II PREA 9LE 1. P*,+o/e and Effect of a P,ea-=le. LE% the sovereign "ilipino people% imploring the aid of +lmighty Iod% in order to build a -ust and humane society and establish a Iovernment that shall embody our ideals and aspirations% promote the common good% conserve and develop our patrimony% and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth% -ustice% freedom% love% eAuality% and peace% do ordain and promulgate this #onstitution. 2. A$LIPA> !S. R#I?% 0& P)il. 231 0t is almost trite to say now that in this country we en-oy both religious

and civil freedom. +ll the officers of the Iovernment% from the highest to the lowest% in ta2ing their oath to support and defend the constitution% bind themselves to recognize and respect the constitutional guarantee of religious freedom% with its inherent limitations and recognized implications. 0t should be stated that what is guaranteed by our #onstitution is religious liberty% not mere religious toleration. !eligious freedom% however% as a constitutional mandate is not inhibition of profound reverence for religion and is not denial of its influence in human affairs. !eligion as a profession of faith to an active power that binds and elevates man to his #reator is recognized. +nd% in so far as it instills into the minds the purest principles of morality% its influence is deeply felt and highly appreciated. Lhen the "ilipino people% in the preamble of their #onstitution% implored Ethe aid of ,ivine Providence% in order to establish a government that shall embody their ideals% conserve and develop the patrimony of the nation% promote the general welfare% and secure to themselves and their posterity the blessings of independence under a regime of -ustice% liberty and democracy%F they thereby manifested reliance upon Him who guides the destinies of men and nations. $he elevating influence of religion in human society is recognized here as elsewhere. 0n fact% certain general concessions are indiscriminately accorded to religious sects and denominations.

POLITICAL LAW PART III ARTICLE I @ T2E NATIONAL TERRITOR> Section 3. $he national territory comprises the Philippine +rchipelago% with all the islands and waters embraced therein% and all other territories over which the Philippines has sovereignty or -urisdiction% consisting of its terrestrial% fluvial% and aerial domains% including its territorial sea% the seabed% the subsoil% the insular shelves% and other submarine areas. $he 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. 3. Lhat is the most significant change in this +rticle% compared with those of the 34'? and 34)' #onstitutionsJ <. Lhat is the archipelago theory or archipelagic doctrineJ

'. :ethods used in fi1ing the baseline from which the territorial belt is measured6 a. $he normal baseline method b. $he straight baseline method &. !ead6 $he Law of the Sea6 0ts ma-or implications to the Philippines% by Rustice Rorge !. #oAuia% p. '3% Philippine Law Iazette% ol. (% >o.3. ?. !.+. 'K&D !.+. ?&&D D. ,efinitions6 a. $erritorial sea b. 0nternal or inland waters c. high seas or international seas d. sea/bed e. sub/soil f. 0nsular shelves g. other submarine areas ). !eason and effect of having an +rticle on the >ational $erritory. (. !ead6 3* Presidential ,ecree >o. 3?4D S Rune 33% 34)( (:a2ing the Nalayaan 0sland Iroup 7"reedomland8 as part of the Philippine $erritory* <* Presidential ,ecree >o. 3?44 S Rune 33% 34)( (,eclaring the E1clusive Economic Oone of the Philippines which is <KK nautical miles from its baseline* POLITICAL LAW PART I! DECLARATION OF PRINCIPLES & STATE POLICIES

Section 1. $he Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. a. $he basic principles underlying the 34'?% 34)' and 34() #onstitutions. b.:anifestations of a republican state. c. ,efine EstateF COLLECTOR VS. CAMPOS R@E6A, 2 SCRA 29 d. Elements of a state. ,efine each6 3. people <. territory '. sovereignty &. government e. ,ifferent meanings of the word EpeopleF as used constitution6 3. as inhabitants (+rt. C000% Sec. 3; +rt. 000% Sec. <*; <. as citizens (Preamble; +rt. 00% Sec. 3 Q &; +rt. 000% Sec. )*; '. as voters (+rt. 00% Sec. &* f. Presidential Q parliamentary forms of government !ead6 3. "!EE $ELEPHO>E LO!NE!S .>0O> S. OPLE% 3K( S#!+ )?) in the

$he government of the Philippines under the 34)' #onstitution is Eessentially presidential with parliamentary features.F <. LEI+SP0 S. SE#. O" "0>+>#E% 33? S#!+ &3( $he form of government is Eessentially parliamentary with presidential features.F

g. $wo/fold function of the government !ead6 1)BACANI VS. NACOCO, 177 Phil. :8 AMi#is&"a#& 3)!"!l= *i"!,&$"=4 a#* C$#s&i&+!#& 3Ma#*a&$"=4 ?+#,&i$#s) 2) ACC?A VS. C@GCO, 97 SCRA : ; ,ue to comple1ities of the changing society% the two/fold function of the government as classified by President Lilson is no longer relevant. h. Parents Patriae !ead6 1) GOVT. VS. MONTE 6E PIE6A6, 9B Phil 798 2) CABANAS VS. PILAPIO, B8 SCRA ; i. ,e -ure govt.J ,e facto govt.J !ead6 3. +M.0>O S. #O:ELE#% D< S#!+ <)? A$# &h! *! 8+"! as%!,&) 2. I# R!C S+$.!>0>O 5E!:.,EO% 3&? S#!+ 3DK + government formed as a result of a peopleBs revolution% is considered de -ure if it is already accepted by the family of nations or other countries li2e the .nited States% Ireat 5ritain% Iermany% Rapan% and others. '. Estrada vs. :acapagal Q ,esierto% infra.

-. $he three ('* 2inds of de facto governmentJ !ead6 #O N0: #H+: S. +L,EO $+> NEH% )? Phil. 33' T)e,e a,e /e<e,al Aind/ of de facto :o<e,n-ent/. a. $he first% or government de facto in a proper legal sense% is that government that gets possession and control of% or usurps% by force or by the voice of the ma-ority% the rightful legal governments and maintains itself against the will of the latter% such as the

government of England under the #ommonwealth% first by Parliament and later by #romwell as Protector. b. $he second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war% and which is denominated a government of paramount force% as the cases of #astine% in :aine% which was reduced to 5ritish possession in the war of 3(3<% and $ampico% :e1ico% occupied during the war with :e1ico% by the troops of the .nited States. c. +nd the third is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state of such as the government of the Southern #onfederacy in revolt not concerned in the present case with the first 2ind% but only with the second and third 2inds of de facto governments. E5ut there is another description of government% called also by publicists a government de facto% but which might% perhaps% be more aptly denominated a government of paramount force. 0ts distinguishing characteristics are (3*% that its e1istence is maintained by active military power with the territories% and against the rightful authority of an established and lawful government; and (<*% that while it e1ists it necessarily be obeyed in civil matters by private citizens who% by acts of obedience rendered in submission to such force% do not become responsible% or wrongdoers% for those acts% though not warranted by the laws of the rightful government. On the other hand% laws of a political nature or affecting political relations% such as% among others% the right of assembly% the right to bear arms% the freedom of the press% and the right to travel freely in the territory occupied% are considered as suspended or in abeyance during the military occupation. +lthough the local and civil administration of -ustice is suspended as a matter of course as soon as a country is militarily occupied% it is not usual for the invader to ta2e the whole administration into his own hands. 0n practice% the local ordinary tribunals are authorized to continue administering -ustice; and -udges and other -udicial officers are 2ept in their posts if they accept the authority of the belligerent occupant or are reAuired to continue in their positions under the supervision of the military or civil

authorities appointed% by the #ommander in #hief of the occupant. $hese principles and practice have the sanction of all publicists who have considered the sub-ect% and have been asserted by the Supreme #ourt and applied by the President of the .nited States. $he doctrine upon this sub-ect is thus summed up by Hallec2% in his wor2 on 0nternational Law ( ol. <% p. &&&*6 E$he right of one belligerent to occupy and govern the territory of the enemy while in its military possession% is one of the incidents of war% and flows directly from the right to conAuer. Le% therefore% do not loo2 to the #onstitution or political institutions of the conAueror% for authority to establish a government for the territory of the enemy in his possession% during its military occupation% nor for the rules by which the powers of such government are regulated and limited. Such authority and such rules are derived directly from the laws war% as established by the usage of the of the world% and confirmed by the writings of publicists and decisions of courts in fine% from the law of nations. . . . $he municipal laws of a conAuered territory% or the laws which regulate private rights% continue in force during military occupation% e1cepts so far as they are suspended or changed by the acts of conAueror. . . . He% nevertheless% has all the powers of a de facto government% and can at his pleasure either change the e1isting laws or ma2e new ones.F $he governments by the Philippine E1ecutive #ommission and the !epublic of the Philippines during the Rapanese military occupation being de facto governments% it necessarily follows that the -udicial acts and proceedings of the courts of -ustice of those governments% which are not of a political comple1ion% were good and valid% and% by virtue of the well/2nown principle of postliminy (postliminium* in international law% remained good and valid after the liberation or reoccupation of the Philippines by the +merican and "ilipino forces under the leadership of Ieneral ,ouglas :ac+rthur. +ccording to that well/2nown principle in international law% the fact that a territory which has been occupied by an enemy comes again into the power of its legitimate government of sovereignty% Edoes not% e1cept in a very few cases% wipe out the effects of acts done by an invader% which for one reason or another it is within his competence to do. $hus -udicial acts done under his control% when they are not of a political comple1ion% administrative acts so done% to the e1tent that they ta2e effect during the continuance of his control% and the various acts done during the same time by private persons under the sanction of municipal law% remain good. Lere it otherwise% the whole social life of a community would be paralyzed by an invasion; and as between the

state and the individuals the evil would be scarcely less% it would be hard for e1ample that payment of ta1es made under duress should be ignored% and it would be contrary to the general interest that the sentences passed upon criminals should be annulled by the disappearance of the intrusive government .F (Hall% 0nternational Law% )th ed.% p. ?3(.* +nd when the occupation and the abandonment have been each an incident of the same war as in the present case% postliminy applies% even though the occupant has acted as conAueror and for the time substituted his own sovereignty as the Rapanese intended to do apparently in granting independence to the Philippines and establishing the so/called !epublic of the Philippines. ($aylor% 0nternational Law% p. D3?.* l. Sovereignty6 3. legal <. political m. $he doctrine of sovereignty as auto/limitationJ !ead6 1. REAGAN VS. COMMISIONER O? INTERNAL REVEN@E, 97 SCRA ;:8

E5y the +greement% it should be noted% the Philippine Iovernment merely consents that the .nited States e1ercise -urisdiction in certain cases. $he consent was given purely as a matter of comity% courtesy% or e1pediency. $he Philippine Iovernment has not abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of -urisdiction over offenses committed therein. .nder the terms of the treaty% the .nited States Iovernment has prior or preferential but not e1clusive -urisdiction of such offenses. $he Philippine Iovernment retains not only -urisdictional rights not granted% but also all such ceded rights as the .nited States :ilitary authorities for reasons of their own decline to ma2e use of. $he first proposition is implied from the fact of Philippine sovereignty over the bases; the second from the e1press provisions of the treaty.F E>othing is better settled than that the Philippines being independent and sovereign% its authority may be e1ercised over its entire domain. $here is no portion thereof that is beyond its power. Lithin its limits% its decrees are supreme% its commands paramount. 0ts laws govern therein% and everyone to whom it applies must submit to its terms.

$hat is the e1tent of its -urisdiction% both territorial and personal. >ecessarily% li2ewise% it has to be e1clusive. 0f it were not thus% there is a diminution of sovereignty.F $hen came this paragraph dealing with the principle of auto/limitation6 E0t is to be admitted any state may% by its consent% e1press or implied% submit to a restriction of its sovereign rights. $here may thus be a curtailment of what otherwise is a power plenary in character. $hat is the concept of sovereignty as auto/ limitation% which% in the succinct language of Relline2% Eis the property of a state/force due to which it has the e1clusive capacity of legal self/ determination and self/restriction.F + state then% if it chooses to% may refrain from the e1ercise of what otherwise is illimitable competence.F $he opinion was at pains to point out though that even then% there is at the most diminution of -urisdictional rights% not its disappearance. 2. PEOPLE VS. GOZO, B9 SCRA 7: 9. COMMISSIONER VS. ROBERTSON, 1 9 SCRA 9;7 <. Section <. $he Philippines renounces war as an instrument of national police% adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace% eAuality% -ustice% freedom% cooperation% and amity among all nations. a. difference between aggressive Q defensive war b. !ead6 3* :ERO"" S. ,0!E#$O! O" P!0SO>S% 4K Phil. )K

$he Philippines adopts the .niversal ,eclaration of Human !ights since it is a generally accepted principle of international law. +s such% it should be applied to illegal aliens li2e the petitioner so that it would be a violation of the said international law to detain him for an unreasonable length of time since no vessel from his country is willing to ta2e him. E$he meaning of Ereasonable timeF depends upon the circumstances% specially the difficulties of obtaining a passport% the availability of transportation% the diplomatic arrangements concerned and the efforts displayed to send the deportee away. #onsidering that this Iovernment desires to e1pel the alien% and does not relish 2eeping him at the peopleBs e1pense% we must presume it is ma2ing efforts to carry out

the decree of e1clusion by the highest officer of the land. On top of this presumption assurances were made during the oral argument that the Iovernment is really trying to e1pedite the e1pulsion of this petitioner. On the other hand% the record fails to show how long he has been under confinement since the last time he was apprehended. >either does he indicate neglected opportunities to send him abroad. +nd unless it is shown that the deportee is being indefinitely imprisoned under the pretense of awaiting a chance for deportation ' or unless the Iovernment admits that it can not deport him or unless the detainee is being held for too long a period our courts will not interfere. <* N.!O,+ S. R+L+>,O>0% (' Phil 3)3

Petitioner argues that respondent :ilitary #ommission has no Rurisdiction to try petitioner for acts committed in violation of the Hague #onvention on !ules and !egulations covering Land Larfare and the Ieneva #onvention because the Philippines is not a signatory to the first and signed the second only in 34&). 0t cannot be denied that the rules and regulation of the Hague and Ieneva conventions form% part of and are wholly based on the generally accepted principals of international law. 0n facts these rules and principles were accepted by the two belligerent nation the .nited State and Rapan who were signatories to the two #onvention% Such rule and principles therefore form part of the law of our nation even if the Philippines was not a signatory to the conventions embodying them for our #onstitution has been deliberately general and e1tensive in its scope and is not confined to the recognition of rule and principle of international law as continued inn treaties to which our government may have been or shall be a signatory. "urthermore when the crimes charged against petitioner were allegedly committed the Philippines was under the sovereignty of .nited States and thus we were eAually bound together with the .nited States and with Rapan to the right and obligation contained in the treaties between the belligerent countries. $hese rights and obligation were not erased by our assumption of full sovereignty. 0f at all our emergency as a free state entitles us to enforce the right on our own of trying and punishing those who committed crimes against crimes against our people. 0n this connection it is well to remember what we have said in the case of Laurel vs. :isa ()D Phil.% ')<*6 '* S+LO>I+ S. HE!:OSO% 4) S#!+ 3<3

&*

+I.S$0> S. E,.% (( S#!+ 34?

$he Ieneva #onvention on !oad Signs and Signals% is also considered part of the law of the Philippines since the same is a generally accepted principle of international law in accordance with the 0ncorporation clause of the #onstitution. ?* !EGES S. 5+I+$S0>I%3<? S#!+ ??'

!espondent :ayor posed the issue of the applicability of Ordinance >o. )<4? of the #ity of :anila prohibiting the holding or staging of rallies or demonstrations within a radius of five hundred (?KK* feet from any foreign mission or chancery and for other purposes. 0t is to be admitted that it finds support 0n the previously Auoted +rticle << of the ienna #onvention on ,iplomatic !elations. $here was no showing% however% that the distance between the chancery and the embassy gate is less than ?KK feet. Even if it could be shown that such a condition is satisfied. it does not follow that respondent :ayor could legally act the way he did. $he validity of his denial of the permit sought could still be challenged. 0t could be argued that a case of unconstitutional application of such ordinance to the e1ercise of the right of peaceable assembly presents itself. +s in this case there was no proof that the distance is less than ?KK feet% the need to pass on that issue was obviated% Should it come% then the Aualification and observation of Rustices :a2asiar and Plana certainly cannot be summarily brushed aside. $he high estate accorded the rights to free speech and peaceable assembly demands nothing less. Lithout saying that the Ordinance is obno1ious per se to the constitution% it cannot be validly invo2ed whenever its application would collide with a constitutionally guaranteed right such as freedom of assembly and@or e1pression% as in the case at bar% regardless of whether the chancery of any foreign embassy is beyond or within ?KK feet from the situs of the rally or demonstration. (. Section (. Ci<ilian a*t)o,it. i/% at all ti-e/ /*+,e-e o<e, t)e -ilita,.. T)e a,-ed fo,ce/ of t)e P)ili++ine/ i/ t)e +,otecto, of t)e +eo+le and t)e State. It/ :oal i/ to /ec*,e t)e /o<e,ei:nt. of t)e State and t)e inte:,it. of t)e national te,,ito,.. See also6 +rt. 00% Sec. 3(

+rt. C 0% Sec. ? (<* +rt. C 0% Sec. ? (&* &. Section &. T)e +,i-e d*t. of t)e :o<e,n-ent i/ to /e,<e and +,otect t)e +eo+le. T)e $o<e,n-ent -a. call *+on t)e +eo+le to defend t)e State and in t)e f*lfill-ent t)e,eof% all citiBen/ -a. =e ,eC*i,ed% *nde, condition/ +,o<ided =. law% to ,ende, +e,/onal and -ilita,. /e,<ice. !ead6 1. PEOPLE VS. LAGMAN, :: Phil. 19

.Th! a%%!lla#&Ds a"(+)!#& &ha& h! *$!s #$& -a#& &$ 8$i# &h! a")!* '$",!s b!,a+s! .h! *$!s #$& -a#& &$ Eill $" b! Eill!*/ a#* &ha& .h! has #$ )ili&a"= i#,li#a&i$#/ is #$& a,,!%&abl! b!,a+s! i& is his $bli(a&i$# &$ 8$i# &h! a")!* '$",!s i# ,$##!,&i$# -i&h &h! .*!'!#s! $' &h! S&a&!/ %"$visi$# $' &h! C$#s&i&+&i$#. 2. PEOPLE VS. MANAFAO, 78 Phil. 721 9. P6177:, A+(+s& 8, 1;87 . E>!,. O"*!" N$. 2: ?. Section ?. $he maintenance of peace and order% the protection of life% liberty% and property% and the promotion of the general welfare are essential for the en-oyment by all the people of the blessings of democracy. 0. Section 0. T)e /e+a,ation of c)*,c) and State /)all =e in<iola=le. !ead6 1) PAMIL VS. TELERON, 8: SCRA 19 2) GERMAN VS. BARANGAN, 19B SCRA B1 (>O$E6 !ead the dissenting opinions in '* Other provisions6 Other provisions on church Q state6 both cases*

3. +!$. 000% Sec. ?. >o law shall be made respecting an establishment of religion% or prohibiting the free e1ercise thereof. $he free e1ercise and en-oyment of religious profession and worship% without discrimination or preference% shall forever be allowed. >O !EL0I0O.S $ES$ SH+LL 5E !EM.0!E, "O! $HE ECE!#0SE O" #0 0L O! POL0$0#+L !0IH$S. <. +!$. 0% Sec. <( ('*. #haritable institutions% churches% mosAues% non/profit cemeteriesPactually% directly and e1clusively used for religious% charitable% or educational purposes shall be e1empt from ta1ation. '. +!$. 0% Sec. <4 .(<*. >o public money or property shall be appropriated% applied% paid% for the benefit% directly or indirectly% for the use% benefit% or support of any sect% church% denomination or religion% e1cept when such priest% minister.. is assigned to the armed forces% or to any penal institution% or government orphanage or leprosarium. &. +!$. 0C% #% <(?*. !eligious denominations and sects shall not be registeredPas political parties. (>O$E6 !eligious organizations are also prohibited ion connection with sectoral representatives under +rt. 0* ?. +!$. C0 % Sec. '('*. +t the option in writing by parents% religion shall be allowed to be taught to their children in elementary and high schools within the regular class hours by instructors designated or approved by religious authorities to which said children belong% without additional cost to the government. ). Sections ). $he State shall pursue an independent foreign policy. 0n its relations with other states the paramount consideration shall be national sovereignty% territorial integrity% national interest% and the right to self/determination% (. Section (. $he Philippines% consistent with the national interest% adopts and pursues a policy of freedom from nuclear weapons in its territory. 3. <. 4. meaning of Enuclear/freeF Philippines; +rt. C 000% Secs. & Q <? Sections 4. $he State shall promote a -ust and dynamic social

order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adeAuate social services% promote full employment% a rising standard of living% and an improved Auality of life for all.. 3K. $he state shall promote social -ustice in all phases of national development. 33. $he state values the dignity of every human person and guarantees full respect for human rights. a. !ead together with entire provisions of +rticle C000 3<. 4. Section 3<. $he State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. 0t shall eAually protect the life of the mother and the life of the unborn from conception. $he natural and primary right and duty of parents in the rearing of the youth for civil efficiency and the development of moral character shall receive the support the support of the government. >O$E6 "ather 5ernas opines that this provision does not ta2e a stand on divorce. +s such% a ,ivorce Law to be passed by #ongress may or may not be unconstitutional. 5ut definitely% a law allowing abortion % other than therapeutic% is unconstitutional. 3. !ead together with the entire provisions of +rticle C . <. !ead6 a* I0>S5E!I S. >EL GO!N% '4K .S D<4 (34D4*

+ law prohibiting the sale of Egirlie magazinesF 7boldJ* is constitutional and does not violate the above provision. $his is so because parents could buy said magazines for their children if they believe the same is already suitable to the understanding of their child. $his is in accordance with this provision which states that the parents have the Enatural and primary right in rearing their child for civic efficiencyPF b* :EGE! S. >E5!+SN+% <DK .S <DK (34<<* c* P0E!#E S. SO#0E$G O" S0S$E!S% <D( .S ?3K (34<?*

+ law reAuiring small 2ids to be enrolled in public schools only is

unconstitutional since it interferes with the right of parents in rearing their children. $hey have the right to choose which school is best suited for the development of their children without interference from the State. d* P+#. S. SE#!E$+!G O" E,.#+$0O>% 4) Phil. (KD e* #+5+>+S S. P0L+P0L% ?( S#!+ 4& 13. Section 1(. T)e State ,eco:niBe/ t)e <ital ,ole of t)e .o*t) in nationD=*ildin: and /)all +,o-ote and +,otect t)ei, +)./ical% -o,al% /+i,it*al% intellect*al% and /ocial well =ein:. It /)all inc*lcate in t)e .o*t) +at,ioti/- and nationali/-% and enco*,a:e t)ei, in<ol<e-ent in +*=lic and ci<ic affai,/. !ead6 3* P, D(& <* P, 4'? '* P, 33K< &* P, DK'; see the ob-ectives of the law 33. Sections 3&. $he State recognizes the role of women in nation building% and shall ensure the fundamental eAuality before the law of men and women. 3<. Section 3?. $he State shall protect and promote the right to health of the people and instill health consciousness among them. 3'. Section 3D. $he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. 3&. Section 3). $he State shall give priority to education% science and technology% arts% culture% and sports to foster patriotism and nationalism% accelerate social progress% and promote human liberation and development. 3* !ead together with +rticle C0 !ead 6

0LLEI+S S. S.50,O% 3K4 S#!+ 3 OPOS+ S. "+#$O!+>% Ruly 'K% 344'; 0n a broader sense% this petition bears upon the right of "ilipinos to a balanced and healthful ecology which the petitioners dramatically associate with the twin concepts of Tinter/generational responsibilityT and Tinter/generational -ustice.T Specifically% it touches on the issue of whether the said petitioners have a cause of action to Tprevent the misappropriation or impairmentT of Philippine rainforests and Tarrest the unabated hemorrhage of the countryUs vital life support systems and continued rape of :other Earth.T $he minors/petitioners have the personality to sue since the case deals with the timber licensing agreements entered into by the government which if not stopped would be pre-udicial to their future. $his is so because the ,E>! holds in trust for the benefit of plaintiff minors and succeeding generations the natural resources of the country. $he sub-ect matter of the complaint is of common and general interest not -ust to several% but to all citizens of the Philippines. #onseAuently% since the parties are so numerous% it% becomes impracticable% if not totally impossible% to bring all of them before the court. Le li2ewise declare that the plaintiffs therein are numerous and representative enough to ensure the full protection of all concerned interests. Hence% all the reAuisites for the filing of a valid class suit under Section 3<% !ule ' of the !evised !ules of #ourt are present both in the said civil case and in the instant petition% the latter being but an incident to the former. $heir personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned. Such a right% as hereinafter e1pounded% considers the Trhythm and harmony of nature.T >ature means the created world in its entirety. 4 Such rhythm and harmony indispensably include% inter alia% the -udicious disposition% utilization% management% renewal and conservation of the countryUs forest% mineral% land% waters% fisheries% wildlife% off/shore areas and other natural resources to the end that their e1ploration% development and utilization be eAuitably accessible to the present as well as future generations. >eedless to say% every generation has a responsibility to the ne1t to preserve that rhythm and harmony for the full en-oyment of a balanced and healthful ecology. Put a little differently% the minorsU assertion of their right to a sound environment

constitutes% at the same time% the performance of their obligation to ensure the protection of that right for the generations to come. $he complaint focuses on one specific fundamental legal right the right to a balanced and healthful ecology which% for the first time in our nationUs constitutional history% is solemnly incorporated in the fundamental law. Section 3D% +rticle 00 of the 34() #onstitution e1plicitly provides6 Sec. 10. $he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. $his right unites with the right to health which is provided for in the preceding section of the same article6 Sec. 15. $he State shall protect and promote the right to health of the people and instill health consciousness among them. Lhile the right to a balanced and healthful ecology is to be found under the ,eclaration of Principles and State Policies and not under the 5ill of !ights% it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than self/preservation and self/perpetuation aptly and fittingly stressed by the petitioners the advancement of which may even be said to predate all governments and constitutions. +s a matter of fact% these basic rights need not even be written in the #onstitution for they are assumed to e1ist from the inception of human2ind. 0f they are now e1plicitly mentioned in the fundamental charter% it is because of the well/founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the #onstitution itself% thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second% the day would not be too far when all else would be lost not only for the present generation% but also for those to come generations which stand to inherit nothing but parched earth incapable of sustaining life. $he right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. +s a matter of logic% by finding petitionersU cause of action as anchored

on a legal right comprised in the constitutional statements above noted% the #ourt is in effect saying that Section 3? (and Section 3D* of +rticle 00 of the #onstitution are self/e1ecuting and -udicially enforceable even in their present form. $he implications of this doctrine will have to be e1plored in future cases; those implications are too large and far/reaching in nature even to be hinted at here. 1(. Section 11. T)e State affi,-/ la=o, a/ a +,i-a,. /ocial econo-ic fo,ce. It /)all +,otect t)e ,i:)t/ of wo,Ae,/ and +,o-ote t)ei, welfa,e. 3* !ead together with Section '% +rticle C000% 34() #onstitution. <* #ompare it with Section 4% +rticle 00% 34)' #onstitution. '* !ead6 a. VICTORIANO VS. ELIZAL6E POPE GORHERS @NION, B; SCRA B $he right to religion prevails over contractual or legal rights. +s such% an 0glesia >i Nristo member may refuse to -oin a .nion and despite the fact that there is a closed shop agreement in the establishment where he was employed% his employment could not be validly terminated for his non/membership in the ma-ority union therein. 1(. Section 1;. T)e State /)all de<elo+ a /elfD,eliant and inde+endent national econo-. effecti<el. cont,olled =. Fili+ino/. See +rt. C00 1&. Section 23. T)e State ,eco:niBe/ t)e indi/+en/a=le ,ole of t)e +,i<ate /ecto,% enco*,a:e/ +,i<ate ente,+,i/e% and +,o<ide/ incenti<e/ to needed in<e/t-ent/. a. ,o we practice the free enterprise system in the Philippines or is it the welfare state conceptJ ,istinguish the two. b. !ead6 +##"+ S. #.I#O% 'K S#!+ D&4 AN$&!C R!a* &h! s!%a"a&! $%i#i$# $' '$")!" Chi!' I+s&i,! ENRIJ@E ?ERNAN6O $#l=) $he Philippines never practiced the free enterprise system. 0t is the welfare/state concept which is being followed as shown by the constitutional provision on agrarian reform% housing% protection to laborP (>O$E% however% that the 34() #onstitution have provisions

which provide for Efree enterprise* P2ILIPPINE COCON#T DESICCATORS !S. P2ILIPPINE COCON#T A#T2ORIT>% 210 SCRA 13; endoBa% ". $he Philippine #onstitutions% starting from the 34'? document% H+ E !EP.,0+$E, laiss!K 'ai"! (or the doctrine of free enterprise* as an economic principle% and although the present #onstitution enshrines free enterprise as a policy% it nevertheless reserves to the government the power to intervene whenever necessary to promote the general welfare. +s such% free enterprise does not call for the removal of Eprotective regulationsF for the benefit of the general public. $his is so because under +rt. C00% Sections D and 4% it is very clear that the government reserves the power to intervene whenever necessary to promote the general welfare and when the public interest so reAuires. 15. Section 21. T)e State /)all +,o-ote co-+,e)en/i<e ,*,al de<elo+-ent and a:,a,ian ,efo,-. a. !ead together with Secs. &/3K% +rticle C000 of the 34() #onstitution b. !ead P, <) / as to the e1tent of land reform under the :+!#OS regime c. !ead !+ '(&& Q D'(4% as amended / $HE #O,E O" +I!+!0+> !E"O!:S O" $HE PH0L0PP0>ES (!ead the policy of the state on this matter* d .!ead the #O:P!EHE>S0 E +I!+!0+> !E"O!: P!OI!+: L+L% !+ >o. DD?) as signed into law by the President on Rune )% 34((. e. !ead6 +ssociation of Small Landowners vs. Hon. Secretary of +grarian !eform% Ruly 3&% 34(4 10. Section/ 22. T)e State ,eco:niBe/ and +,o-ote/ t)e ,i:)t of indi:eno*/ c*lt*,al co--*nitie/ wit)in t)e f,a-ewo,A of national *nit. and de<elo+-ent.

$o be discussed later with +rt. C% Secs. 3?/

<3.

Other provisions on indigenous cultural communities6 3. +rt. 0% Sec. ?(<* <. +rt. C% Secs. 3? / <3 '. +rt. C00% Sec. ? &. +rt. C000% Sec. D ?. +rt. C0 % Sec. 3) D. +rt. C 0% Sec. 3< 3). Section <'. $he State shall encourage non/governmental% community based% or sectoral organizations that promote the welfare of the nation. 3)/a. Section <&. $he State recognizes the vital role of communication and information in nation/building. 11. Section 25. T)e State /)all en/*,e t)e a*tono-. of local :o<e,n-ent/. a. ,efine La+&$#$)=L b. See +rt. C !ead the 3443 >ew Local Iovernment #ode and enumerate its provisions evidencing TautonomyT to local government units. 1;. Section 20. T)e State :*a,antee eC*al acce// to o++o,t*nitie/ fo, +*=lic /e,<ice% and +,o)i=it +olitical d.na/tie/ a/ -a. =e defined =. law. <K. Section <). $he State shall maintain honesty and integrity in the public service and ta2e positive and effective measures against graft and corruption. $o be discussed under +rticle C0. a. Please see !+ 'K34% $he +nti/Iraft and #orrupt Practices +ct% as amended by !+ 'K&)% P, )) and 5P 34?..

b. P, )&4% Ruly 3(% 34)?% which grants immunity from prosecution to givers of bribes and other gifts and to their accomplices in bribery other than graft cases against public officers. c. !+ 3')4. "orfeiture in favor of the State any property found to have been illegally acAuired by a public officer or employee. <3. Section <(. Sub-ect to reasonable conditions prescribed by law% the State adopts and implements a policy of public disclosure of all its transactions involving public interest. Power of #ongress to conduct inAuiries in aid of legislation; Public disclosure of government transactions CA ILO L. SA9IO </. $ORDON% $.R. No. 1'&(&3% Octo=e, 1'% 2330% 53& SCRA '3& Sando<alD$*tie,,eB% ". T)e Fact/: On "ebruary <K% <KKD% Senator :iriam ,efensor Santiago introduced Philippine Senate !esolution >o. &?? (Senate !es. >o. &??*%7387&8 Edirecting an inAuiry in aid of legislation on the anomalous losses incurred by the Philippines Overseas $elecommunications #orporation (PO$#*% Philippine #ommunications Satellite #orporation (PH0L#O:S+$*% and PH0L#O:S+$ Holdings #orporation (PH#* due to the alleged improprieties in their operations by their respective 5oard of ,irectors.F $he pertinent portions of the !esolution read6 W2EREAS% in the last Auarter of <KK?% the representation and entertainment e1pense of the PH# s2yroc2eted to P&.' million% as compared to the previous yearBs mere P3KD thousand; LHE!E+S% some board members established wholly owned PH# subsidiary called $elecommunications #enter% 0nc. ($#0*% where PH# funds are allegedly siphoned; in 3( months% over P)' million had been allegedly advanced to $#0 without any accountability report given to PH# and PH0L#O:S+$; LHE!E+S% the Phili%%i#! S&a"% in its 3< "ebruary <KK< issue reported that the e1ecutive committee of Philcomsat has precipitately released P<D? million and granted P3<? million loan to a relative of an e1ecutive committee member; to date there have been no payments

given% sub-ecting the company to an estimated interest income loss of P33.<? million in <KK&; LHE!E"O!E% =e it ,e/ol<ed t)at t)e +,o+e, Senate Co--ittee /)all cond*ct an inC*i,. in aid of le:i/lation% on t)e ano-alo*/ lo//e/ inc*,,ed =. t)e P)ili++ine O<e,/ea/ Teleco--*nication/ Co,+o,ation 6POTC8% P)ili++ine Co--*nication/ Satellite Co,+o,ation 6P2ILCO SAT8% and P)ilco-/at 2oldin:/ Co,+o,ation/ 6P2C8 d*e to t)e alle:ed i-+,o+,ietie/ in t)e o+e,ation/ =. t)ei, ,e/+ecti<e =oa,d of di,ecto,/. On :ay (% <KKD% #hief of Staff !io #. 0nocencio% under the authority of Senator !ichard R. Iordon% wrote #hairman #amilo L. Sabio of the P#II% one of the herein petitioners% inviting him to be one of the resource persons in the public meeting -ointly conducted by the C$))i&&!! $# G$v!"#)!#& C$"%$"a&i$#s a#* P+bli, E#&!"%"is!s and C$))i&&!! $# P+bli, S!"vi,!s. $he purpose of the public meeting was to deliberate on Senate !es. >o. &??.7<87D8 On :ay 4% <KKD% #hairman Sabio declined the invitation because of prior commitment.7'87)8 At t)e /a-e ti-e% )e in<oAed Section &6=8 of E.O. No. 1 earlier Auoted. On +ugust 3K% <KKD% Senator Iordon issued a S+b%$!#a A* T!s&i'i,a#*+)%7&87(8 approved by Senate President :anuel illar% reAuiring #hairman Sabio and P#II #ommissioners Rica,do A=cede% Nica/io Conti% Te,e/o "a<ie, and Na,ci/o Na,io to appear in the public hearing scheduled on +ugust <'% <KKD and testify on what they 2now relative to the matters specified in Senate !es. >o. &??. +ll were disregarded by the petitioners. On September 3<% <KKD% at around 3K6&? a.m.% :a-or Ieneral 5ala-adia arrested #hairman Sabio in his office at 0!# 5uilding% >o. (< E,S+% :andaluyong #ity and brought him to the Senate premises where he was detained. Hence% #hairman Sabio filed with the Supreme #ourt a petition for hab!as ,$"%+s against the Senate C$))i&&!! $# G$v!"#)!#& C$"%$"a&i$#s a#* P+bli, E#&!"%"is!s and C$))i&&!! $# P+bli, S!"vi,!s% their #hairmen% Senators !ichard Iordon and Ro2er P. +rroyo and :embers. $he case was doc2eted as I.!. >o. 3)&'&K. #hairman Sabio% #ommissioners +bcede% #onti% >ario% and Ravier; and

the P#IIBs nominees +ndal and Ralandoni alleged6 'i"s&, respondent Senate #ommittees disregarded Section &(b* of E.O. >o. 3 without any -ustifiable reason; s!,$#*, the inAuiries conducted by respondent Senate #ommittees are not in aid of legislation; &hi"*, the inAuiries were conducted in the absence of duly published S!#a&! R+l!s $' P"$,!*+"! G$v!"#i#( I#<+i"i!s i# Ai* $' L!(isla&i$#; and '$+"&h, respondent Senate #ommittees are not vested with the power of contempt. 0n their #onsolidated #omment% the above/named respondents countered6 'i"s&, the issues raised in the petitions involve political Auestions over which this #ourt has no -urisdiction; s!,$#*, Section &(b* has been repealed by the #onstitution; &hi"*, respondent Senate #ommittees are vested with contempt power; '$+"&h, SenateBs !ules of Procedure Ioverning 0nAuiries in +id of Legislation have been duly published; 'i'&h, respondents have not violated any civil right of the individual petitioners% such as their 6a8 right to privacy; and 6=8 right against self/incrimination; and si>&h, the inAuiry does not constitute undue encroachment into -usticiable controversies. I S S # E: 0s Section &6=8 of E.O. No. 1 ,e+ealed =. t)e 1;1' Con/tit*tionE I/ it/ i-+le-entation w)e,ein t)e +etitione,/ a,e eFe-+t f,oa++ea,in: in in<e/ti:ation/ in<ol<in: t)ei, t,an/action/ <iolate/ Section 21% A,t. II of t)e Con/tit*tionE Section &(b* of E.O. >o.3% which limits the power of legislative inAuiry by e1empting all P#II members or staff from testifying in any -udicial% legislative or administrative proceeding provides6 No -e-=e, o, /taff of t)e Co--i//ion /)all =e ,eC*i,ed to te/tif. o, +,od*ce e<idence in an. G*dicial% le:i/lati<e o, ad-ini/t,ati<e +,oceedin: conce,nin: -atte,/ wit)in it/ official co:niBance. $he #ongressB power of inAuiry has been recognized in foreign -urisdictions long before it reached our shores through M,G"ai# v. 6a+(h!"&=,[5][15] cited in A"#a+l& v. NaKa"!#$.[6][16] 0n those earlier days% +merican courts considered the power of inAuiry as in)e,ent in the power to legislate. 0n A"#a+l&% the Supreme #ourt adhered to a similar theory. #iting M,G"ai#% it recognized that the power of inAuiry is Ean e//ential and

a++,o+,iate a*Filia,. to t)e le:i/lati<e f*nction%F thus6 +lthough there is no provision in the E#onstitution e1pressly investing either House of #ongress with power to ma2e investigations and e1act testimony to the end that it may e1ercise its legislative functions advisedly and effectively% such power is so far incidental to the legislative function as to be implied. 0n other words% t)e +owe, of inC*i,. @ wit) +,oce// to enfo,ce it @ i/ an e//ential and a++,o+,iate a*Filia,. to t)e le:i/lati<e f*nction. A le:i/lati<e =od. cannot le:i/late wi/el. o, effecti<el. in t)e a=/ence of info,-ation ,e/+ectin: t)e condition/ w)ic) t)e le:i/lation i/ intended to affect o, c)an:eH and w)e,e t)e le:i/lation =od. doe/ not it/elf +o//e// t)e ,eC*i/ite info,-ation @ w)ic) i/ not inf,eC*entl. t,*e @ ,eco*,/e -*/t =e )ad to ot)e,/ w)o +o//e// it.F #ertainly% a mere provision of law cannot pose a limitation to the broad power of #ongress% in the absence of any constitutional basis. "urthermore% Section &(b* is also inconsistent with +rticle C0% Section 3 of the #onstitution stating that6 EP+bli, $''i,! is a %+bli, &"+s&. P+bli, $''i,!"s a#* !)%l$=!!s )+s& a& all &i)!s b! a,,$+#&abl! &$ &h! %!$%l!, s!"v! &h!) -i&h +&)$s& "!s%$#sibili&=, i#&!("i&=, l$=al&=, a#* !''i,i!#,=, a,& -i&h %a&"i$&is) a#* 8+s&i,!, a#* l!a* )$*!s& liv!s.F $he provision presupposes that since an incumbent of a public office is invested with certain powers and charged with certain duties pertinent to sovereignty% the powers so delegated to the officer are held in t,*/t fo, t)e +eo+le and a,e to =e eFe,ci/ed in =e)alf of t)e :o<e,n-ent or of all citiBen/ w)o -a. need t)e inte,<ention of t)e office,/ . S*c) t,*/t eFtend/ to all -atte,/ wit)in t)e ,an:e of d*tie/ +e,tainin: to t)e office. In ot)e, wo,d/% +*=lic office,/ a,e =*t t)e /e,<ant/ of t)e +eo+le% and not t)ei, ,*le,/.I'JI2&J Section &(b*% being in the nature of an immunity% i/ incon/i/tent wit) t)e +,inci+le of +*=lic acco*nta=ilit.. 0t places the P#II members and staff beyond the reach of courts% #ongress and other administrative bodies. In/tead of enco*,a:in: +*=lic acco*nta=ilit.% t)e /a-e +,o<i/ion onl. in/tit*tionaliBe/ i,,e/+on/i=ilit. and nonD acco*nta=ilit.. 0n P"!si*!#&ial C$))issi$# $# G$$* G$v!"#)!#& v. P!Ma,[8][25] Rustice "lorentino P. "eliciano characterized as EobiterF the portion of the ma-ority opinion barring% on the basis of Sections &(a* and (b* of E.O. >o. 3% a civil case for damages filed against the

P#II and its #ommissioners. He eloAuently opined6 $he above underscored portions are% it is respectfully submitted% clearly $bi&!". It i/ i-+o,tant to -aAe clea, t)at t)e Co*,t i/ not )e,e inte,+,etin:% -*c) le// *+)oldin: a/ <alid and con/tit*tional% t)e lite,al te,-/ of Section & 6a8% 6=8 of EFec*ti<e O,de, No.1. 0f Section & (a* were given its literal import as immunizing the P#II or any member thereof from civil liability E'$" a#=&hi#( *$#! $" $)i&&!* in the discharge of the tas2 contemplated by this Order%F the constitutionality of Section & (a* would% in my submission% be open to most serious doubt. "or so viewed% Section & (a* would institutionalize the irresponsibility and non/accountability of members and staff of the P#II% a notion that is clearly repugnant to both the 34)' and 34() #onstitution and a privileged status not claimed by any other official of the !epublic under the 34() #onstitution. 1 1 1. 1 1 1

It wo*ld /ee- con/tit*tionall. offen/i<e to /*++o/e t)at a -e-=e, o, /taff -e-=e, of t)e PC$$ co*ld not =e ,eC*i,ed to te/tif. =efo,e t)e Sandi:an=a.an o, t)at /*c) -e-=e,/ we,e eFe-+ted f,oco-+l.in: wit) o,de,/ of t)i/ Co*,t. Said provision of EO >o. 3 violates Section <(% +rt. 00 of the #onstitution which mandates that ESub-ect to reasonable conditions prescribed by law% the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.F !ead together with Section )% +rticle 000 and Sec. <K% +rt. 0 of the 34() #onstitution