CONSTITUTION- That body of rules and maxims in accordance with which the powers

of sovereignty are habitually exercised.

the body of those written or unwritten fundamental laws which

regulate the most important rights of the higher magistrates
and the most important privileges of the subject.

It serves as a supreme or fundamental law, charter that

created a government, binding all individual citizens and
parts of the government as one.

It is the ultimate law; the law other laws must abide by.

In other words: It is the supreme written law of the land

KINDS OF CONSTITUTION:

A. According to their origin:

1. Conventional or enacted – one that is enacted by constituent assembly or
granted by a monarch of his subjects.
2. Cumulative or evolved – one that is a product of long growth or a long period
of development originating in customs, traditions, judicial decisions, etc. rather
than from a deliberate and formal enactment.

B. According to manner of amendment:

1. Rigid or inelastic – one regarded as a document of “special sanctity” which
cannot be modified in the same manner as other laws except by some special
machinery, more burdensome than the ordinary legislative process.
2. Flexible or elastic – one which possesses no higher legal authority than
ordinary laws and which may be altered or amended in the same way as other
laws.

C. According to form:
1. Written – one which has been given a definitive written form at a particular time,
usually by a specially constituted authority called “Constitutional Convention”.
2. Unwritten – one which is entirely a product of political evolution, consisting
largely of a mass of customs, usages and judicial decisions together with a
smaller body of statutory enactments of fundamental character. Usually
bearing different dates.

PROS AND CONS OF A WRITTEN CONSTITUTION:

1. Pro – it has the advantage of clearness, definiteness, and rigidness that the
unwritten doesn’t have. It cannot be easily altered.
2. Con – it is difficult to make changes. To change, it requires to go through “charter
changing” which may take a while before any changes can be made.
The Philippine Constitution is written and rigid.

The 1987 Constitution took effect on February 2, 1987, t h e d a t e o f the plebiscite

for its ratification and not on the date its ratification was proclaimed.

Interpretation:

A doubtful provision shall be examined in the light of the history of the times and the
conditions and circumstances under which the Constitution was framed.
In case of doubt, the provisions should be considered self-executing,
mandatory rather than directory and prospective rather than retroactive

CONSTITUTIONAL LAW- designates the law embodied in the

constitution and the legal principles growing out of the interpretation and application of
its provisions of the courts in specific cases

State - the community of persons, more or less numerous, permanently occupying a

definite portion of territory, independent of external control, and possessing a
government to which a great number of the inhabitants render habitual obedience –a
politically organized sovereign community independent of outside control found to be
the ties of nationhood, legally supreme within its territory, acting through a government
functioning under a regime of law.
Elements:

People - inhabitants of the State, the number of which is capable for self-sufficiency and
self-defense of others for perpetuity.

Sovereignty

A supreme and uncontrollable power inherent in a State which that State is

governed.

Territory

Characteristics:

a. permanent
b. exclusive
c. comprehensive
d. absolute
e. indivisible
f. inalienable
g. imprescriptible

Theory of Auto-Limitation - a state may by its consent, express or implied, submit to a

restriction of its sovereignty

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and
c. Aerial domains
5. Including its
a.Territorial sea
b.The seabed
c.The subsoil
d.The insular shelves; and
e.The other submarine areas
6. The waters
a.Around
b.Between and
 c.Connecting
d.The islands of the archipelago

Regardless of their breadth and dimensions form part of the INTERNAL WATERS of the
Philippines

Definition of Archipelago

An archipelago is a body of water studded with islands.

The Philippine archipelago is that body of water studded with islands which is delineated
in the Treaty of Paris (1898), as amended by the Treaty of Washington (1900) and the
Treaty of Great Britain (1930).

Definition of “all other territories over which the Philippines has sovereignty
or jurisdiction”

It includes any territory that presently belongs or might in the future belong to the
Philippines through any of the internationally accepted modes of acquiring territory.

Archipelagic principle

Two elements

1. The definition of internal waters (as provided above);

2. The straight baseline method of delineating the territorial sea – consists
of drawing straight lines connecting appropriate points on the coast without departing to
any appreciable extent from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea -12 nautical miles (n.m.)

2. Contiguous zone-adjoining 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone -200 n.m. from the baseline

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

SEC 1. The Philippines is a democratic and republican State. Sovereignty resides

in the people and all government authority emanates from them.

Principles are binding rules which must be observed in the conduct of the government.

Policies are guidelines for the orientation of the state.

Elements of a State (for municipal law purposes)

1. A community of persons, more or less numerous (PEOPLE)
 2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render
habitual obedience (GOVERNMENT)

Definition of “People”
1. A community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.

Definition of “Sovereignty” - the supreme and uncontrollable power inherent in a State by

which that State is governed.

1. LEGAL sovereignty
a. The supreme power to make law.
b. It is lodged in the people.

2. POLITICAL sovereignty
a. The sum total of all the influences in a state,
b. Legal and non-legal,
c. Which determine the course of law.

3. According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction.

Definition of “Government” - That institution or aggregate of institutions by which an

independent society makes and carries out those rules of action which are necessary to
enable men to live in a social state, or which are impose upon the people forming that
society by those who possess the power or authority of prescribing them

1. That institution or aggregate of institutions

2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess
the power or authority of prescribing them.

Classification of governments
1. De jure
- one established by the authority of the legitimate sovereign
2. De facto
- one established in defiance of the legitimate sovereign
Classification of de facto governments
1. De facto proper

a. That government that gets possession and control of

b. or usurps by force or by the voice of majority
c. the rightful legal government and
d. maintains itself against the will of the latter.

2. Government of paramount force

a. That which is established and maintained by military forces
b. who invade and occupy a territory of the enemy
c. in the course of war.

2. That established as an independent government by the inhabitants of a country

who rise in insurrection against the parent state.

Republican State

It is one wherein all government authority emanates from the people and is
exercised by representatives chosen by the people.

Democratic State
This merely emphasizes that the Philippines has some aspects of direct
democracy such as initiative and referendum.

SEC. 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.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It

does not renounce defensive war.

Some "generally accepted principles of international law" recognized by the Court:

1. Right of an alien to be released on bail while awaiting deportation when his failure
to leave the country is due to the fact that no country will accept him (Mejoff v.
Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda
v. Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals ( Agustin v. Edu, 88 SCRA
195)
Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition
remains a matter of executive discretion.

Incorporation Clause - “The Philippines…adopts the generally accepted principles of

international law as part of law of the land…”

Doctrine of Incorporation - Every state is, by reason of its membership in the family of
nations, bound by the generally accepted principles of international law, which are
considered to be automatically part of its own laws.

SEC 3. 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.

Civilian authority/supremacy clause (1st sentence)

1. Civilian authority simply means the supremacy of the law because authority, under
our constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.

Mark of sovereignty (2nd and 3rd sentences)

1. Positively, this clause singles out the military as the guardian of the people and of
the integrity of the national territory and therefore ultimately of the majesty of the
law.
2. Negatively, it is an expression of disapproval of military abuses.

SEC 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 the fulfillment thereof,
all citizens may be required, under conditions provided by law, to render personal,
military, or civil service.

SEC. 5. The maintenance of peace and order, the protection of life, liberty and property,
and the promotion of the general welfare are essential for the enjoyment by all the people
of the blessings of democracy.

SEC. 6. The separation of Church and State shall be inviolable

Separation of Church and State is reinforced by:

1. Freedom of Religion Clause (Article III, Section 5)

2. Religious sect cannot be registered as a political party (Article IX-C, Section 2(5))
3. No sectoral representatives from the religious sector. (Article VI, Section 5 (2))
4. Prohibition against appropriation against sectarian benefit. (Article VI, 29(2)).

Exceptions:

1. Churches, parsonages, etc. actually, directly and exclusively used for religious
purposes shall be exempt from taxation. (Article VI, Section 28(3))

2. When priest, preacher, minister or dignitary is assigned to the armed forces, or any
penal institution or government orphanage or leprosarium, public money may be
paid to them. (Article VI, Section 29(2))
3. Optional religious instruction for public elementary and high school students.
(Article XIV, Section 3(3)).
4. Filipino ownership requirement for education institutions, except those established
by religious groups and mission boards. (Article XIV, Section 4(2)).

SEC. 7. The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.

The word “relations” covers the whole gamut of treaties and international
agreements and other kinds of intercourse.

SEC. 8. The Philippines, consistent with the national interest, adopts and pursues policy
of freedom from nuclear weapons in its territory.

The policy includes the prohibition not only of the possession, control, and
manufacture of nuclear weapons but also nuclear arms tests.

Policy of freedom from nuclear weapons

1. The policy PROHIBITS:

a. The possession, control and manufacture of nuclear weapons

b. Nuclear arms tests.

2. The policy does NOT prohibit the peaceful uses of nuclear energy.

SECTION 9. The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through
policies that provide adequate social services, promote full employment, a raising
standard of living, and an improved quality of life for all.

SECTION 10. The State shall promote social justice in all phases of national
development.
 Social Justice is neither communism, nor despotism, nor atomism, nor anarchy,
but the humanization of the laws and the equalization of the social and economic
forces by the State so that justice in its rational and objectively secular conception
may at least be approximated.

Social justice simply means the equalization of economic, political, and social
opportunities with special emphasis on the duty of the state to tilt the balance of
social forces by favoring the disadvantaged in life.

SEC. 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 from conception, etc.

Family” means a stable heterosexual relationship.

Principle that the family is not a creature of the state.

Protection for the unborn

1. It is not an assertion that the unborn is a legal person.

2. It is not an assertion that the life of the unborn is placed exactly on the level of
the life of the mother. Hence, when it is necessary to save the life of the mother,
the life of the unborn may be sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th
month of pregnancy cannot be adopted in the Philippines because the life of the
unborn is protected from the time of conception.

Parens Patriae – the State has the authority and duty to step in where parents fail
to or are unable to cope with their duties to their children.

SC. 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.

1. While the right to a balanced and healthful ecology is found under the declaration
of Principle and State Policies and not under the Bill of Rights, it does not follow
that it is less important than any of the civil and political rights enumerated in the
latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to
refrain from impairing the environment. (Oposa v. Factoran)

SEC. 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
SEC. 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.

SEC. 28. Subject to reasonable conditions prescribed by law, the State adopts and
implements a policy of full public disclosure of all its transactions involving public interest.

ARTICLE III – BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty or property without due process of
law, nor shall any person be denied the equal protection of the laws.

BILL OF RIGHTS

The Bill of rights is a guarantee that there are certain areas of a person’s life, liberty
and property which governmental power may not touch.

2) Under (1) (b), if the facts could have been discovered by the prosecution but were not
discovered because of the prosecution’s incompetence, it would not be considered
supervening event.

Effect of appeal by the accused:

If the accused appeals his conviction, he WAIVES his right to plead double jeopardy. The
whole case will be open to review by the appellate court. Such court may even increase
the penalties imposed on the accused by the trial court.

Section 22. No ex post facto law or bill of attainder shall be enacted.

Definition of ex-post facto law.

1) One which makes an action done before the passing of the law, and which was
innocent when done, criminal, and punishes such action.
2) One which aggravates the crime or makes it greater than when it was committed.
3) One which changes the punishment and inflicts a greater punishment than that
which the law annexed to the crime when it was committed.
4) One which alters the legal rules of evidence and receives less testimony than the
law required at the time of the commission of the offense in order to convict the
accused.
5) One which assumes to regulate civil rights and remedies only BUT, in effect,
imposes a penalty or deprivation of a right, which, when done, was lawful.
6) One which deprives a person accused of a crime of some lawful protection to which
he has become entitled such as the protection of a former conviction or acquittal,
or a proclamation of amnesty.

Note:
 The prohibition on ex post facto laws only applies to retrospective PENAL laws.

Definition of BILL OF ATTAINDER

1) A bill of attainder is a LEGISLATIVE act which inflicts punishment W/O JUDICIAL

trial.
2) The bill of attainder does not need to be directed at a specifically named person.
It may also refer to easily ascertainable members of a group in such a way as to
inflict punishment on them without judicial trial.
3) Elements of the bill of attainder

A. There must be a LAW.

B. The law imposes a PENAL burden on a NAMED INVIDIDUAL EASILY
ASCERTAINABLE MEMBERS of a GROUP.
C. The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

ARTICLE IV – CITIZENSHIP

Who are citizens of the Philippines?

1) Those who are citizens of the Philippines at the time of the adoption of the
1987Constitution
2) Those whose fathers or mothers are citizens of the Philippines.
3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority.
4) Those who are naturalized in accordance with law.

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.

Note:

The Philippines follows (2) and (3)

Election of citizenship under the 1987 Constitution:

Prior to the 1973 Constitution, if a Filipina married an alien, she lost her Filipino
citizenship. Hence, her child would have to elect Filipino citizenship upon reaching
the age of majority. Under the 1973 Constitution, however, children born of Filipino
mothers were already considered Filipinos. Therefore, the provision on election of
 citizenship under the 1987 Constitution only applies to those persons who were
born under the1935 Constitution. In order for the children to elect Filipino
citizenship, the mothers must have been Filipinos at the time of their marriage. So,
if your mother was a Filipina who married an alien under the 1935 constitution and
you were born before January 17, 1973, you can elect Filipino citizenship upon
reaching the age of majority.

When the election must be made:

The election must be made within a reasonable period after reaching the age of
majority.

Effects of naturalization:

1) The legitimate minor children of the naturalized father become Filipinos as well.
2) The wife also becomes a Filipino citizen, provided that she does not have any
disqualification which would bar her from being naturalized.

Natural-born citizens:

1) Citizens of the Philippines from birth who do not need to perform any act to acquire
or perfect their Philippine citizenship.
2) Those who elect Philippine citizenship under Art. IV, Sec. 1(3) of 1987 Constitution.

Marriage of Filipino with an alien:

1) General Rule: The Filipino RETAINS Philippine citizenship

2) Exception: If, by their act or omission they are deemed, under the law, to have
renounced it.
Examples of renunciation of Philippine citizenship:

1) Voluntarily obtaining foreign passport

2) Pledging allegiance to another country (ex. by becoming a naturalized citizen of
another country)

Re-acquisition of citizenship

Natural-born Filipinos who are deemed to have lost their citizenship may re-acquire
the same via repatriation proceedings. This involves taking an oath of allegiance
and filing the same with the civil registry.

How may one lose citizenship:

1. By naturalization in a foreign country

2. By express renunciation of citizenship
3. By subscribing oath of allegiance to a foreign Constitution
 4. By serving in the armed forces of an enemy country
5. By being a deserter of the armed forces of one’s country

How may one reacquire citizenship?

1. By direct act of Congress

2. By naturalization
3. By repatriation

ARTICLE V – SUFFRAGE

Qualifications:

1) Citizen of the Philippines

2) Not Disqualified by law
3) At least 18 years old
4) Resident of the Philippines for at least 1 year
5) Resident of the place wherein he/she proposes to vote for at least 6 months
immediately preceding the election.

Note:

NO literacy, property or other substantive requirement can be imposed on the

exercise of suffrage.

Residency requirement

Residency, under Article V has 2 senses:

1) DOMICILE – This is in reference to the 1 year residency requirement in the

Philippines.
2) TEMPORARY RESIDENCE – This is in reference to the 6 month residency
requirement in the place where one wants to vote. In this case, residence can
either mean domicile or temporary residence.

Disqualifications:

1) Any person sentenced by final judgment to imprisonment of not less than 1 year,
which disability has not been removed by plenary pardon.
2) Any person adjudged by final judgment of having violated his allegiance to the
Republic of the Philippines.
3) Insane or feeble-minded persons.
Note

Under the 2nd disqualification, the right to vote is automatically re-acquired upon the
expiration of 5 years after the service of sentence.

ARTICLE VI – THE LEGISLATIVE DEPARTMENTS

SEC. 1. The legislative power shall be vested in the Congress of the Philippines, which
shall consist of a Senate and a House of Representatives, except to the extent reserved
to the people by the provision on initiative and referendum.

Definition of Legislative Power:

The authority to make laws and to alter or repeal them.

Legislative power is vested in Congress except to the extent reserved to the people
by the provision on initiative and referendum.

Classification of legislative power

(1) Original legislative power- possessed by the sovereign people.
(2) Derivative legislative power- that which has been delegated by the sovereign
people to the legislative bodies. (Kind of power vested in Congress)
(3) Constituent- The power to amend or revise the constitution
(4) Ordinary- Power to pass ordinary laws. Legislative power exercised by the
people.

The people, through the amendatory process, exercise constituent

power, and through initiative and referendum, ordinary legislative power.

Note:

The original legislative power of the people is exercised via initiative and
referendum. In this manner, people can directly propose and enact laws, or
approve or reject any act or law passed by Congress or a local government unit.

Congress may legislate on any subject matter. (Vera v. Avelino) In other words,
the legislative power of Congress is plenary.

Limits on the legislative power of Congress:

Limitations on legislative power:

1. Substantive limitations
2. Procedural limitations
1. Substantive limitations:

a. Express Limitations
i. Bill of Rights
ii. On Appropriations
iii. On Taxation
iv. On Constitutional Appellate jurisdiction of SC
v. No law granting a title of royalty or nobility shall be enacted

b. Implied limitations
i. Congress cannot legislate irrepealable laws
ii. Congress cannot delegate legislative powers
iii. Non-encroachment on powers of other departments

2. Procedural limitations:
a. Only one subject
b. Three readings on separate days
c. Printed copies in its final form 3 days before passage of the bill.

Non-delegability of Legislative power

Doctrine of Non-delegation of legislative powers: The rule is delegata potestas non

potest delagari-what has been delegated cannot be delegated. The doctrine rests
on the ethical principle that a delegated power constitutes not only a right but duty
to be performed by the delegate by the instrumentality of his own judgment and
not through the intervening mind of another.

Rationale of the Doctrine of Non-delegability:

1. Based on the separation of powers.

2. Based on due process of law. Such precludes the transfer of regulatory functions
to private persons.
3. And, based on the maxim, “degelata potestas non potest delegari” meaning
What has been delegated already cannot be further delegated.

Valid delegation of legislative powers

General Rule: Legislative power cannot be delegated

Exceptions:

(1) Delegation of tariff power to the President

(2) Delegation of emergency powers to the President
(3) Delegation to LGU’s

Composition of Congress
 The Congress of the Philippines which shall consist of a Senate and a House of
Representatives.

Bicameralism v. Unicameralism

The Congress of the Philippines is a bicameral body composed of a Senate and

House of Representatives, the first being considered as the upper house and the
second the lower house.

Advantages of Unicameralism.

1. Simplicity of organization resulting in economy and efficiency

2. Facility in pinpointing responsibility for legislation.
3. Avoidance of duplication.

Advantages of Bicameralism.

1. Allows for a body with a national perspective to check the parochial

tendency of representatives elected by district.
2. Allows for more careful study of legislation.
3. Makes the legislature less susceptible to control by executive
4. Serves as training ground for national leaders.

Composition of Senate

Section 2. The Senate shall be composed of twenty-four senators who shall be elected
at large by the qualified voters of the Philippines, as may be provided by law.

Qualifications of a Senator

Section 3. No person shall be a senator unless he is a natural-born citizen of the

Philippines, and, on the day of the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the Philippines for not less than two years
immediately preceding the day of election.

Qualifications of a senator

(1) Natural-born citizen of the Philippines

(2) At least 35 years of age on the day of the election
(3) Able to read and write
(4) Registered voter
(5) Resident of the Philippines for not less than 2 years immediately preceding the day of
election.
Senators’ Term of Office

Term

Section 4. The term of office of the Senators shall be six years and shall commence,
unless otherwise provided by law, at noon on the thirtieth day of June next following their
election. No Senator shall serve for more than two consecutive terms. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was elected.

The term of office of the Senators shall be 6 years.

The term of office of the Senators shall commence on 12:00 noon of June 30 next
following their election. (unless otherwise provided by law).

Limitation: A Senator may not serve for more than two consecutive terms. However, they
may serve for more than two terms provided that the terms are not consecutive.

Effect of Voluntary Renunciation: Voluntary renunciation of office for any length of time
shall not be considered as an interruption in the continuity of his service for the full term
for which he was elected.

Staggering of Terms.

The Senate shall not at any time be completely dissolved. One-half of the membership is
retained as the other half is replaced or reelected every three years.

Composition of House of Representatives

Section 5. (1) The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and the Metropolitan Manila
area in accordance with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law, shall be elected
through a partylist system of registered national, regional, and sectoral parties or
organizations.

Composition.

The composition of the House of Representatives shall be composed of not more than
250 members unless otherwise fixed by law.

Representatives shall be elected from legislative districts and through party-list system.
a) District representatives
b) Party-list representatives
c) Sectoral representatives (these existed only until 1998)
Qualification of Representatives

Section 6. No person shall be a member of the House of Representatives unless he is a

natural born citizen of the Philippines and, on the day of the election, is at least twenty-
five years of age, able to read and write, and except the partylist representatives, a
registered voter in the district in which he shall be elected, and a resident thereof for a
period of not less than one year immediately preceding the day of the election.

Qualifications of District Representatives:

(1) Natural-born citizen of the Philippines
(2) At least 25 years of age on the day of the election
(3) Able to read and write
(4) A registered voter in the district in which he shall be elected
(5) A resident of the district in which he shall be elected for a period not less than
year immediately preceding the day of the election.

Domicile

If a person never loses his or her domicile, the one year requirement of Section 6
is not of relevance because he or she is deemed never to have left the place.
(Romualdez-Marcos v. COMELEC)

A person may lose her domicile by voluntary abandonment for a new one or by
marriage to a husband (who under the Civil Code dictates the wife’s domicile).

Change of domicile
To successfully effect a change of domicile, there must be:

o Physical Presence-Residence or bodily presence in the new locality (The

change of residence must be voluntary)
o Animus manendi -Intention to remain in the new locality (The purpose to
remain in or at the domicile of choice must be for an indefinite period of
time)
o Animus non revertendi-Intention to abandon old domicile
o A lease contract does not adequately support a change of domicile. The
lease does not constitute a clear animus manendi. (Domino v. COMELEC)
o However a lease contract coupled with affidavit of the owner where a person
lives, his marriage certificate, birth certificate of his daughter and various
letter may prove that a person has changed his residence. (Perez v.
COMELEC)

Property Qualification
 Property qualifications are contrary to the social justice provision of
the Constitution. Such will also be adding qualifications provided by the
Constitution.
Term of Office of Representatives

Section 7. The members of the House of Representatives shall be elected for a term of
three years which shall begin, unless otherwise provided by law, at noon on the thirtieth
day of June next following their election. No member of the House Representatives shall
serve for more than three consecutive terms. Voluntary renunciation of the office for any
length of time shall not be considered as an interruption in the continuity of his service for
the full term for which he was elected.

Term refers to the period during which an official is entitled to hold office.

Tenure refers to the period during which the official actually holds the office.

The term of office of Representatives shall be 3 years. The term of office of

Representatives shall commence on 12:00noon of June 30 next following their election.
(unless otherwise provided by law).

A Representative may not serve for more than 3 consecutive terms. However, he may
serve for more than 3 terms provided that the terms are not consecutive. (1996 Bar
Question)

Why three years? One purpose in reducing the term for three years is to synchronize
elections, which in the case of the Senate are held at three-year intervals (to elect one-
half of the body) and in the case of the President and Vice-President every six years.

Voluntary renunciation of office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.

Section 5. (2) The party-list representatives shall constitute twenty per centum of the total
number of representatives including those under the party-list. For three consecutive
terms after the ratification of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as may be provided by law, by selection or election from
the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.

Party-list System. (RA 7941) The party-list system is a mechanism of proportional

representation in the election of representatives of the House of Representatives from
national, regional, and sectoral parties or organizations or coalitions thereof registered
with the Commission on Elections.

Reason for party-list system.

It is hoped that the system will democratize political power by encouraging the growth of
a multi-party system.
Number of Party-list representatives Ceiling. “The party-list representatives shall
constitute 20% of the total number of representatives.” Section 5(2) of Article VI is not
mandatory. It merely provides a ceiling for party-list seats in Congress. (Veterans
Federation Party v. COMELEC; BANAT v. COMELEC)

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State
will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by
writs of execution or garnishment against public funds. Reason: No money shall
be paid out of the public treasury unless pursuant to an appropriation made by
law.

Section 4. THE ARMED FORCES OF THE PHILIPPINES

Composition:

A citizen armed force

Prohibitions and disqualifications:
1) Military men cannot engage, directly or indirectly, in any partisan political
activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position
in the government, including GOCCs or their subsidiaries.

The Chief of Staff:

1) Tour of duty: Not exceed to three years

2) EXCEPTION: In times of war or other national emergency as declared by
Congress, the President may extend such tour of duty.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:

1) Amendment: 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.
2) Revision: 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.

Constituent power v. Legislative power

 1) Constituent power is the power to formulate a Constitution or to propose
amendments to or revisions of the Constitution and to ratify such proposal.

Legislative power is the power to pass, repeal or amend or ordinary laws or

statutes (as opposed to organic law.

2) Constituent power is exercised by Congress (by special constitutional conferment),

by a Constitutional Convention or Commission, by the people through initiative and
referendum, and ultimately by sovereign electorate, whereas

Legislative power is an ordinary power of Congress and of the people, also through
initiative and referendum.

3) The exercise of constituent power does not need the approval of the Chief
Executive, whereas the exercise of

Legislative power ordinarily needs the approval of the Chief Executive, except
when done by people through initiative and referendum.

Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and
3) Ratification.

Proposal of amendments:

Amendments may be proposed by:

A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.

The power of Congress to propose amendments is NOT part of its ordinary

legislative power. The only reason Congress can exercise such power is that the
Constitution has granted it such power.

B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the
electorate the question of whether to call a ConCon or not.

3) Choice of which constituent assembly (either Congress or ConCon) should

initiate amendments and revisions is left to the discretion of Congress. In other
words, it is a political question.
 4) BUT: The manner of calling a ConCon is subject to judicial review, because the
Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not
provide the details for the calling of such ConCon, Congress - exercising its
ordinary legislative power - may supply such details. But in so doing, Congress (as
legislature) should not transgress the resolution of Congress acting as a
constituent assemble.

5) Congress, as a constituent assembly and the ConCon have no power to

appropriate money for their expenses. Money may be spent from the treasury only
pursuant to an appropriation made by law.

C. People’s Initiative

1) Petition to propose such amendments must be signed be at least 12% of

ALL registered voters.

2) Every legislative district represented by at least 3% of the registered

voters therein.

3) Limitation:

It cannot be exercised oftener than once every 5 years.

Note:

1) While the substance of the proposals made by each type of constituent assembly
is not subject to judicial review, the manner the proposals are made is subject to
judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the
courts may determine whether the assembly has acted in accordance with the
Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in
Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people
for ratification.

Proposal of Revisions

1) By Congress, upon a vote of 3/4 of its members

2) By a constitutional convention
Ratification

1) Amendments and revisions proposed by Congress and/or by a ConCon:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the
approval of such amendments or revisions.

2) Amendments proposed by the people via initiative:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the
certification by COMELEC of the petition's sufficiency.

3) Requisites of a valid ratification:

a) Held in a plebiscite conducted under the election law;

b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.

4) Issues regarding ratification:

a) The Constitution does not require that amendments and revisions be submitted
to the people in a special election. Thus, they may be submitted for ratification
simultaneously with a general election.
b) The determination of the conditions under which proposed
amendments/revisions are submitted to the people falls within the legislative
sphere. That Congress could have done better does not make the steps taken
unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies
must be submitted for ratification in one single plebiscite. There cannot be a
piece-meal ratification of amendments/revisions.
d) Presidential proclamation is NOT required for effectivity of
amendments/revisions, UNLESS the proposed amendments/revisions so
provide.

ARTICLE XVIII - TRANSITORY PROVISIONS

Effectivity of the 1987 Constitution

The 1987 Constitution took effect immediately upon its ratification.

According to the SC, this took place on February 2, 1987, which was the day the people
cast their votes ratifying the Constitution.

Military bases agreements

1) Renewals of military bases agreements must be through a strict treaty.

2) Ratification of the agreement in a plebiscite is necessary only when Congress so
requires.
3) Section 25 of Article XVIII allows possible local deployment of only AMERICAN
forces.