Constitutional Law 01

Rev Up 2017

By Karlo Antonio
What is a Constitution?

Cooley:

That body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised.
What is a Constitution?

Malcolm:

That written instrument enacted by direct action of the
people by which the fundamental powers of the
government are established, limited and defined, and by
which those powers are distributed among the several
departments for their safe and useful exercise for the
benefit of the body politic.
Purposes of a Constitution

1. It prescribes the permanent framework of a system of

government;

2. Assigns to the dierent departments their respective

powers and duties; and

3. Establishes certain fixed principles on which government

is founded. [Manila Prince Hotel vs. GSIS]
 Classifications of
Constitutions

1. Written or Unwritten

2. Enacted or Evolved

3. Rigid or Flexible
 1987 Constitution of the
Philippines

Written

Enacted

Rigid
Constitutional Construction

1. Verba Legis

2. Ratio legis et anima

3. Ut magis valeat quam pereat

4. Reference to extraneous materials

Amendments and Revisions

Amendment - an alteration of one or a few specific

separable provisions.

Revision - rewriting of the whole Constitution.

 Tests in determining the
characteristics of the propose changes

Quantitative test - whether the proposed change is so

extensive in its provisions as to change directly the
substantial entirety of the Constitution by the deletion or
alteration of numerous existing provisions.

Qualitative test - whether the change will accomplish

such far reaching changes in the nature of the basic
governmental plan as to amount to a revision. [Lambino
vs. COMELEC]
Methods of proposing amendments
or revisions to the Constitution

1. Congress acting as a Constitutional Assembly [Sec. 1,

Art. XVII]

2. Constitutional Convention [Sec. 1, Art. XVII]

3. People's Initiative [Sec. 2, Art. XVII]

Constitutional Assembly

Any amendment to, or revision of, this Constitution may be

proposed by:

(1) The Congress, upon a vote of three-fourths of all

its Members
Constitutional Convention

1. The Congress may, by a vote of 2/3 of all its Members,

call a constitutional convention

2. By a majority vote of all its Members, submit to the

electorate the question of calling such a convention.
[Sec. 3, Art. XVII]
 Sec. 1, Art. XVII

Any amendment to, or revision of, this Constitution may be

proposed by:

(1) The Congress, upon a vote of three-fourths of all its

Members; OR

(2) A constitutional convention.

 Sec. 1, Art. XVII

The term or has, oftentimes, been held to mean and,

or vice versa. [Gonzales vs. COMELEC]
 Peoples Initiative

1. Petition of at least 12% of the total number of registered

voters

2. Of which every legislative district must be represented by

at least 3% of the registered voters therein

3. Not oftener than once every 5 years

4. Proposal must only be an amendment [Sec. 2, Art. XVII]

 R.A. 6735

Santiago vs. COMELEC (1997) R.A. 6735 is an

insucient law to impelement peoples initiative.

Lambino vs. COMELEC (2006) - 10 Justices voted to

uphold the suciency of R.A. 6735. Santiago is now
ABANDONED.
 Proper submission of the
proposed amendments

1. Full text of the proposed amendments must first be

shown to the people, i.e. it must be attached to the
petition.

2. The people must express their assent by signing such

complete proposal in a petition. [Lambino vs. COMELEC]
 Ratification
1. It must be ratified by a majority of the votes cast in a
plebiscite.

2. It must must not be held earlier than 60 days nor later

than 90 days after the approval of such amendment.

3. In case of peoples initiative, it must not be held earlier

than 60 days nor later than 90 days after the
certification of the COMELEC of the suciency of the
petition. [Sec.4, Art. XVII]
 Date of effectivity

General rule: on the day of ratification [De Leon vs.

Esguerra]

Exception: unless provided for by the new Constitution.

 Concept of a STATE

State is a community of persons, more or less numerous

Permanently occupying a definite portion of territory

Independent of external control

Possessing a government to which a great body of

inhabitants render habitual obedience. [CIR vs. Campos
Rueda]
 Elements of a STATE

1. People

2. Territory

3. Sovereignty

4. Government
 Territory
The national territory under Art. I

Components:

1. Terrestrial

2. Fluvial

3. Maritime

4. Aerial
 Two groups of Philippine
territory

1. The Philippine archipelago

2. All other territories over which the Philippine exercises

sovereignty and jurisdiction.
 Archipelagic Doctrine

The waters around, between and connecting the islands of

the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines. -2nd
sentence of Art. I
Limits on drawing baselines
under UNCLOS III

1. Length of the baselines shall not exceed 100 nautical

miles, save for the 3% of the total number of baselines
which can reach to 125 nautical miles. [Art. 47(2),
UNCLOS III]

2. The drawing of such baselines shall not depart to any

appreciable extent from the general configuration of
the archipelago. [Art. 47(3), UNCLOS III]
 Maritime zones under
UNCLOS III

1. Territorial sea (12 nm) - exercise of sovereignty

2. Contiguous zones (24 nm) - customs, fiscal,

immigration, and sanitation laws

3. Exclusive Economic zones (300 nm) - right to exploit

living and non-living resources
 UNCLOS III

It has nothing to do with the acquisition or loss of territory.

It merely regulates the sea-use of maritime zones.
[Magallona vs. Ermita]
 Government

Agency or instrumentality through which the will of the State

is formulated, expressed, and realized. [US vs. Dorr]
 Traditional functions of the
government

1. Constituent - mandatory for the government to perform

because they constitute the very bonds of society, i.e.
peace and order, and regulation of personal and property
rights.

2. Ministrant - intended to promote the welfare, progress,

and prosperity of the people, and are merely optional for
the government to perform.
 Classification of
governments
A. As to legitimacy [Co Kim Chan vs. Valdez Tan Keh]:

1. De jure - with rightful title, but no power of control

2. De facto - without legal title, but exercises power of

control

Proper - usurped by the voice of the majority

Of paramount force - military invasion

Independent government - inhabitants rise in

insurrection against the parent state
 Sovereignty

The supreme and uncontrollable power inherent in a state

by which that state is governed. [Laurel vs. Misa]
Dual aspects of sovereignty

1. Internal - supreme power over everything within its

territory.

2. External - freedom from external control, i.e.

independence.
Principles of Sovereignty

Doctrine of auto-limitation - any state may, by its

consent, express or implied, submit to a restriction of its
sovereign rights. [Reagan vs. CIR]

Imperium - states authority to govern.

Dominium - capacity of the state to own or acquire

property.
 Effects of belligerent
occupation
There is no change in sovereignty. What is suspended is
the exercise of the rights of sovereignty.

Political laws are suspended, except the law of treason

and military laws governing members of the Armed
Forces. [Ruy vs. Chief of Sta]

Municipal laws (those which regulate the relations

between private individuals) remain in force. [Laurel vs.
Misa]
 Effects of the ouster of the
belligerent occupant
Principle of jus postiliminium - political laws which had
been suspended during the occupation shall
automatically become eective again. [Peralta vs. Dir.
of Prisons]

Political laws of the belligerent occupant are

automatically abrogated, unless re-enacted by the
armative act of the new sovereign.

Municipal laws enacted during the occupation shall

remain in force. [Macariola vs. Ascuncion]
Doctrine of State Immunity

Jurisprudential basis: There can be no legal right against

the authority which makes the law on which the right
depends. [Justice Holmes in Kawananokoa v. Polyblank]

Sociological basis: Propensity of the people to litigate at

the least provocation. Hence, the loss of time and energy
required to defend against law suits. [Providence
Washington Insurance Co. vs. Republic]

Constitutional basis: The State may not be sued

without its consent. [Sec. 3, Art. XVI]
Instances when an action is
against the state

1. When the Republic is sued eo nomine.

2. When the suit is against an unincorporated

government agency

3. When the suit is, on its face, against a government

ocer, but the case is such that the ultimate liability will
belong not to the ocer but to the government.
[Republic vs. Sandoval]
 Acts committed by officers
in their official capacity
1. They acted on behalf of the government.

2. They acted within their authority.

EXCEPT :

Ocers acted without or beyond their authority

[Veterans Manpower & Protective Services, Inc. vs.
CA; Republic vs. Sandoval; Festejo vs. Fernando]
 Express Consent

1. Act No. 3083 and CA 327

Money claims arising from contracts which could

serve as a basis of a civil action between private
parties

To be filed first with the COA, which must be acted

on within 60 days. [DAR vs. NLRC]
 Express Consent

2. Civil Code

Art. 2180 - Torts committed by special agent [Merritt

vs. Government of the Philippine Islands]

Art. 2189 - LGUs are liable for defective conditions of

roads, streets, bridges, public buildings, and other
public works under their control or supervision.
 Express Consent

3. Local Government Code

Sec. 22 - LGUs have the power to sue or be sued.

Sec. 24 - LGUs and their ocials are not exempt

from liability for death or injury to persons or
damages to property.
 Implied Consent

1. The state commences the litigation. It will now be

vulnerable to counter-suit. [Republic vs. Sandiganbayan]

2. The state enters into a business contract or acts jure

gestionis.

3. When it would be inequitable for the state to claim

immunity. [Amigable vs. Cuenca]
 Jure Imperii vs. Jure
Gestionis
Acts jure imperii - sovereign or governmental acts. [US vs.
Ruiz; Republic of Indonesia vs. Vinzon]

Acts jure gestionis - proprietary or commercial acts. [US

vs. Guinto; US vs. Rodrigo]

If the the propriety function is merely incidental,

still cannot be sued. [Mobil Phils. Exploration vs.
Customs Arrastre Service; Bureau of Printing vs.
BPEA]
 Government Agencies
Incorporated

If charter provides for the power to sue or be sued, it

can be sued.

If the charter is silent, it depends on the function.

(jure imperii or jure gestionis)

Unincorporated

It depends on the function. (jure imperii or jure

gestionis)
Satisfaction of judgement

The power of the court ends when the judgement is

rendered. [Larkins vs. NLRC]

Government funds are exempt from garnishment.

[Republic vs. Villasor]

Even funds of LGUs [Municipality of San Miguel,

Bulacan vs. Fernandez; City of Caloocan vs. Allarde]
 Declaration of Principles
and State Policies [Art. II]

Section 1. The Philippines is democratic and republican

State. Sovereignty resides in the people and all
governmental authority emanates from the.

 Characteristics of a
republican government

1. The people do not govern themselves directly but

through their representatives.

2. It is founded upon popular surage.

3. There is a tripartite system of government. [Vargas vs.

Rillaroza]
 Declaration of Principles
and State Policies [Art. II]

Section 2. The Philippines renounces war as an instrument

of national policy, adopts the generally accepted
principles of international law as part of the law of the
land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations

Two ways international law an

become part of domestic law

By transformation - through local legislation [Magallona

vs. Ermita]

By incorporation - Sec. 2, Art. II [Kuroda vs. Jalandoni]

 Limitations

1. Treaties are subject to qualification or amendment by

subsequent legislation. [Ichong vs. Hernandez]

2. The principle of lex posterior derogat priori does not

apply to executive agreements. [Gonzales vs.
Hechanova]
 Declaration of Principles
and State Policies [Art. II]

Section 4. The prime duty of the Government is to serve and

protect the people. The Government may call upon the
people to defend the State and, in fulfillment thereof, all
citizens may be required under conditions provided by law,
to render personal military, or civil service.

 Declaration of Principles
and State Policies [Art. II]

Section 6. The separation of Church and State shall be

inviolable.

 Validity of government regulation

touching on the wall of separation

It has a secular legislative purpose.

It neither advances nor inhibits religion.

It does not foster excessive entanglement with religion.

[Aglipay vs. Ruiz]
 Declaration of Principles
and State Policies [Art. II]

Section 8. The Philippines, consistent with the national

interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory.

 Declaration of Principles
and State Policies [Art. II]

Section 10. The State shall promote social justice in all

phases of national development.

Different concepts of social

justice

Public law - Calalang vs. Williams

Agrarian reform - property is impressed with social

function. [Almeda vs. CA]

Labor law - in case of doubt, labor laws must be

interpreted in favor of the laborer. [Ondoy vs. Ignacio]
 Declaration of Principles
and State Policies [Art. II]

Section 11. The State values the dignity of every human

person and guarantees full respect for human rights.

 Declaration of Principles
and State Policies [Art. II]
Section 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic
autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn child from
conception. The natural and primary right and duty of
parents in the rearing of the youth for civic eciency and the
development of moral character shall receive the support of
the government.

 Imbong vs. Ochoa

Life begins at fertilization of the ovum, not at the
implantation of the fertilized ovum in the uterus.

Principle of Double Eect

As much as possible, the doctor is morally obliged

to save both lives.

If medically impossible to save both, one life may

be favored, provided no direct harm is intended to
the other.
 Declaration of Principles
and State Policies [Art. II]

Section 16. The State shall protect and advance the right of
the people to a balanced and healthful ecology in accord
with the rhythm and harmony of nature.

 Declaration of Principles
and State Policies [Art. II]

Section 19. The State shall develop a self-reliant and

independent national economy eectively controlled by
Filipinos.

 Declaration of Principles
and State Policies [Art. II]

Section 19. The State shall develop a self-reliant and

independent national economy eectively controlled by
Filipinos.

 Declaration of Principles
and State Policies [Art. II]

Section 25. The State shall ensure the autonomy of local

governments.

 Local Autonomy

Decentralization of administration - the national

government delegates administrative powers to political
subdivisions in order to relieve itself of the burden of
managing local aairs. [Limbona vs. Mangelin]

Decentralization of power - abdication of political power

in favor of local government units.
 Local Autonomy

An associative relationship between the national

government and local governments is not allowed by the
Constitution. [Province of North Cotabato vs. GRP Peace
Panel on Ancestral Domain]
 Declaration of Principles
and State Policies [Art. II]

Section 26. The State shall guarantee equal access to

opportunities for public service, and prohibit political
dynasties as may be defined by law.

 Declaration of Principles
and State Policies [Art. II]

Section 28. Subject to reasonable conditions prescribed by

law, the State adopts and implements a policy of all public
disclosures of all its transactions involving public interest.