BLACK’S LAW : branch BLACK’S LAW : 5. Modified by AMENDMENT or REVISION of jurisprudence which department of science of 6. COURTS are its ULTIMATE GUARDIANS treats of the science of law which treats of the politics, or organization nature of constitutions, DEFINITION OF CONSTITUTION and administration of their establishment, COOLEY: a body of rules and maxims in accordance government construction and with which the powers of sovereignty are habitually interpretation, and of the exercised validity of legal CONSTITUTION OF THE REPUBLIC OF THE enactments as tested by PHILIPPINES the criterion of conformity MALCOLM : that written instrument to the fundamental law enacted by direct action of the people by SC : branch of public JUSTICE ISAGANI CRUZ : it which the powers of the government are law which deals with is the study of the established, limited and defined, and by the organization and maintenance of the proper which those powers are distributed among operation of the balance between authority the several departments for their safe and governmental organs as represented by the useful exercise for the benefit of the body of the State and three inherent powers of politic defines the relations of the State and liberty as the State with the guaranteed by the Bill of MARCOS V. MANGLAPUS inhabitants of its Rights SOCIAL CONTRACT DOCTRINE territory (People v. - GUTIERREZ (Dissent) The Constitution is a Perfecto, 43 Phil. 887; law for rulers and people, equally in war Macariola v. Asuncion, and in peace, and covers with the shield of 114 SCRA 77) its protection all classes of men at all times, COOLEY : Constitutional law treats of constitutions and under all circumstances. and organic law. Political law includes not only - SC : Constitution, aside from being an constitutional and organic law but also statutory law. allocation of power is also a social contract whereby the people have surrendered their COVERAGE OF CONSTITUTIONAL LAW I & sovereign powers to the State for the CONSTITUTINAL LAW II common good. Hence, lest the officers of the Government exercising the powers HISTORICAL BACKGROUND delegated by the people forget and the THE EXISTING CONSTITUTON IS THE PRINCIPAL BASIS servants of the people become rulers, the OF THE STUDY OF POLITICAL LAW Constitution reminds everyone that THE CONSTITUTION THAT GOVERN THE PHILIPPINES "sovereignty resides in the people and all SINCE THE ESTABLISHMENT OF THE government authority emanates from COMMONWEALTH GOVERNMENT them." 1. (1935) COMMONWEALTH CONSTITUTION DIFFERENCE BETWEEN CONSTITUTION AND A 2. (1973) MARTIAL LAW CONSTITUTION STATUTE 3. FREEDOM CONSTITUTION CONSTITUTION STATUTE 4. 1987 CONSTITUTION PRIMARY – being a SECONDARY – being a - Took effect on February 2, 1987 command of the command of the (the date when when the people sovereign establishing sovereign having ratified the Constitution thru the government reference to exigencies plebiscite) machine and the most of time and place o The act of ratification is general rules for its resulting from the the act of voting by the operation ordinary working of a people; the act of machine confirming; casting votes. States general principles Provides the details of o Canvassing is merely which it treats mathematical A legislation direct from A legislation from the confirmation the people acting in their people’s representatives o Proclamation is the act of sovereign capacity subject to the limitations confirmation of the act of prescribed by the ratification” superior authority Intended not merely to Intended to meet BASIC PRINCIPLES OF CONSTITUTION meet existing conditions existing conditions 1. the SUPREME LAW of the land but also to govern the 2. the SYMBOL & MONUMENT of the PEOPLE’S future WILL Can be abrogated, May be repealed or 3. IT OUTLINES the INFRASTRUCTURE of the repealed or modified changed by the GOVERNMENT ONLY by the power legislature which created it, namely, foreign control the people 6. It lays down in clear terms the principles of their CLASSIFICATION OF CONSTITUTION political creed and 1. WRITTEN or unwritten aspirations, the Written - one the provisions of which have policies that been reduced to writing and embodied in govern the state one or more instruments at a particular and its people, all time of which protect Unwritten - one which has not been them from reduced to writing at any specific time but it frequent and is the collective product of a gradual violent fluctuations political development, consisting of of public pulse unwritten usages and customary rules, 7. It holds the people judicial decisions, dicta of statesmen, and together in times legislative enactments of a fundamental of both war and character written but scattered in various peace records without having any compact form in UNWRITTEN CONSTITUTION writing It is flexible and elastic Subject to perpetual 2. CONVENTIAL or cumulative change at the will of only Conventional – is enacted deliberately and a few number of people consciously by a constituent body or ruler at a certain time and place Cumulative – is a product of a gradual REQUISITES OF A GOOD CONSTITUTION political development A good written constitution must be BROAD, 3. RIGID or flexible BRIEF & DEFINITE Rigid - one which can be amended through REASON : a formal and difficult process. BROAD – it is through that Flexible - one which can be changed by the fundamental powers ordinary legislation of the government are established, limited and defined, and by which ADVANTAGES AND DISADVANTAGES those powers are WRITTEN CONSTITUTION distributed among the ADVANTAGES DISADVANTAGES several departments of 1. Serves as the best 1. The rules, principles government for their afe guide and and policies upon and useful exercise and reference of the which it is based are for the benefit of the body people when their difficult to change politic. rights and liberties even they turn out at - Its provisions have are transgressed times to be been considered the and violated. inconvenient experiences of the 2. Provides stability to 2. It is likely to encroach past, and serves to a nation and its on the domain of consider the realities people ordinary legislation of the contemporary 3. The people feel instead of confining times and it looks to more secure and itself to fundamental the future. confident that they principles BRIEF – it is not intended are well protected 3. When there is an to go into details of against abuse of urgent need for a organization authority change, the - Details are left to 4. It serves as a link prescribed rules or congress which are in and a bridge to procedures to effect a better position to pass over to better such change often know what specific times results to bitter or, legislation is needed 5. It serves as a violent clashes or from time to time rallying point and opinion DEFINITE – vagueness may inspiration of the cause incalculable harm or people to protect may lead to opposing their country interpretation which may against the bring about chaos and invaders or even violence, instead of peace against any form of ESSENTIAL PARTS OF A WRITTEN CONSTITUTION CONSTITUTION OF Sets forth the AMENDMENT REVISION LIBERTY fundamental civil and SUAREZ : A change or SUAREZ: rewriting or political rights of citizens alteration for the better, overhauling of the entire and imposes limitations or a change within the instrument on the power of the lines of the original government to secure instrument which will the enjoyment of the bring about improvement rights of the citizens. An isolated or a piece A revamp of the whole (ARTICLES III, IV,V AND meal change in the instrument. It is the XII) Constitution. It envisages guiding intention and CONSTITUTION OF Relates to a series of an alteration of one or a plan contemplate a re- GOVERNMENT prescriptions outlining few specific and isolated examination of the the framework or provision of the entire document or an organization of the constitution. Its guiding important cluster of government, original intention is to provisions in the enumerating its powers, improve specific parts or document to determine laying down certain rules to add new provisions or how and to what extent relative to its to suppress existing ones it should be altered. administration and according as addition or defining the electorate. subtraction might be (ARTICLES VI TO IX) demanded by existing CONSTITUTION OF Points out the mode of conditions. SOVEREIGNITY procedure by which formal changes in the fundamental law may be CONSTITUENT POWER – power to formulate a brought about. (ARTICLE Constitution or to propose amendments to or XVII) revision of the Constitution and to ratify such proposal Exercised by Congress, by Constitutional PURPOSE OR FUNCTIONS OF A CONSTITUTION Convention or Commission, by the people MALCOLM : To prescribe the permanent through initiative and referendum, and framework of a system of government, to ultimately by the sovereign electorate. This assign to the different departments their also does not need the approval of the Chief respective powers and duties ad establish Executive (Sanidad v. Comelec, L-44640 certain fixed principles on which [1976]) government is founded. Serves as a security and sanctuary of the rights of all citizens, rich or poor, weak or STEPS IN AMENDATORY PROCESS strong, lettered or unlettered, and A. PROPOSAL (AMENDMENT) – Any regardless of religious and political amendment to or revision of the persuasion. In times of war and peace, it Constitution may be propose by: holds the State together a. CONGRESS upon a 3/4 of all its Members; or b. CONSTITUTIONAL CONVENTION FORMAL AND INFORMAL AMENDMENT (Art. XVII, Sec 1) 1. FORMAL AMENDMENT – change by either amendment or revision How Constitutional 2. INFORMAL AMENDMENT – a change Convention may be called: effected when our courts of justice interpret 1. By the 2/3 vote of all ambiguously worded provisions of the the members of the Constitution to make it conform with Congress; or realities 2. By a majority vote of all o SC is merely modifying the the members of interpretation of the Constitution Congress, it may submit and in accordance with the to the electorate the principle that it has the last word in question on whether to the construction of any law and call a Constitutional even the constitution itself. Convention or not.
c. BY THE PEOPLE, through PEOPLE’s
INITIATIVE (Art. XVII, Sec 2) – power of the people to propose amendments to the Constitution or AMENDMENT AND REVISION enact legislations through an The full text of the proposed amendments may election called for the purpose be either written on the face of the petition, or REQUIITES: attached to it. if so attached, the petition must 1. “PEOPLE” themselves state the fact of such attachment. who must directly propose amendment B. RATIFICATION (REVISION) – (Art XVII, Sec 4) 2. “PETITION” of at least a. CONGRESS upon 3/4 of all its 12% of the total members number of registered b. CONSTITUTIONAL CONVENTION voters 3. The required number A revision of the Constitution cannot be effected minimum of 12% of the through initiative and referendum. The change total number of authorized by Art. XVII, Sec. 2 through initiative registered voters “must and referendum can only be amendment. The be represented by at main reason is that formulation of provisions least 3% of the revising the Constitution requires both registered voters’ of cooperation and debate which can only be done every legislative district. through a collegial body.
LIMITATION: It cannot be TOLENTINO v. COMELEC, 41 SCRA 702 (1971)
exercised more than once DOCTRINE OF PROPER SUBMISSION – the every 5 years from the time plebiscite must be held not earlier than 60 days the provision on initiative nor later than 90 days after approval of the takes effect. proposal by Congress or the Constitutional Convention, or after the certification by the CONTENTS OF PETITION ON COMELEC of the sufficiency of the petition (Sec PEOPLE’S INITIATIVE; 4, par2, Art XVII) 1. Contents or text of the proposed law sought to GONZALES v. COMELEC be enacted, approved, or Must Ratification of the Constitution be submitted in rejected, amended or a special election? repealed, as the case may NO. Sec 1, Art. XV “Such amendments shall be be. valid x x x votes cast at AN ELECTION which the 2. The proposition amendments are submitted to the people for 3. The reason/s thereof ratification.” 4. That it is not one of the - Nothing in the provision indicates that the exceptions provided election therein referred to is a special, not a therein general election. 5. Signatures of petitioners or SUAREZ: the circumstance that the previous registered voters amendment to the Constitution had been 6. Abstract of Summary submitted to the people for ratification in special proposition elections merely shows that Congress deemed it - not more than 100 best to do so, under the circumstances then words obtaining. It does not negate its authority to - legibly written or printed submit proposed amendments for ratification in at the top of every page of general elections the petition Is the power to amend or revise included in the general grant of legislative power to Congress? NO. it is part of the inherent powers of the LAMBINO v. COMELEC, GR# 174153 (2006) people as the repository of sovereignty in a The essence of amendments “directly proposed by Republican State. It cannot be exercised by the people through initiative upon a petition” is that Congress unless expressly granted to it in the the entire proposal on its face is a petition by the Constitution. people. Does a Resolution of Congress — acting as a Essential elements which must be present: constituent assembly — violates the Constitution? 1. The people must author and sign the entire NO. The provision does not support the view proposal. No agent or representative can sign in their that, upon the expiration of the period to make behalf the apportionment, a Congress which fails to 2. as an initiative upon a petition, the proposal make it is dissolved or becomes illegal. On the must be embodied in a petition contrary, it implies necessarily that Congress These essential elements are present only upon shall continue to function with the full text of the proposed amendments is first representative districts existing at the time of shown to the people who express their assent by the expiration of said period. Although the three signing such complete proposal in a petition. (3) resolutions were passed on the same date, they were taken up and put to a vote separately, It is a matter appropriateThe court does no or one after the other. In other words, they were for court review. It automatically assume not passed at the same time. The fact that pertains to ssues which jurisdiction over actual Congress is under legal obligation to make are inherentlyconstitutional cases apportionment as required under the susceptible of being brought before it even in Constitution, does not justify the conclusion that decided on grounds instances that are ripe failure to comply with such obligation rendered recognized by law (IBP v. for resolution. The grant Congress illegal or unconstitutional, or that its Zamora, 338 SCRA 99, of power is qualified, Members have become de facto officers. On the [2000]) conditional and subject contrary it implies necessarily that Congress to limitation as “whether shall continue to function with representative or not there has been a districts existing at the time of the expiration of grave abuse of discretion said period. Public interest demands that acts of amounting to lack or persons holding, under color of title, an office excess of jurisdiction on created by a valid statute be, likewise, deemed the part of the official valid insofar as the public — as distinguished whose action is being from the officer in question — is concerned. questioned” (IBP v. Zamora, 338 SCRA 99, [2000]) TEST : “whether there are constitutionality imposed AMENDMENT AND limits on powers or functions conferred upon RATIFICTION A political bodies” JUSTICIABLE QUESTION If yes, then the courts are duty-bound to examine whether the branch or instrumentality SANIDAD v. COMELEC (SUPRA) of the government properly acted within such SC: the amending process, both as to proposal and limits ratification raises a justiciable question. This is specifically true in cases where the power of the President to initiate the amending process by a THE PHILIPPINES AS A STATE proposal or amendment, a function normally exercised by the legislature, is seriously doubted. STATE – is a community of persons, more or less numerous, permanently occupying a definite portion JAVELLANA v. EXEC. SECRETARY, L-36142 (1973) of territory, independent of external control and An amendment or revision is a justiciable possessing an organized government, to which the question great body of inhabitants render habitual obedience There is a valid amendment or revision even if the procedural requirements are not complied Nation – a political group having a government and with people distinct from all others, organized for the o SC (majority view) : by virtue of the majority purpose of procuring mutual safety and advantage vote of six (6) votes of Justices with the four (4) J. Cruz : indicates a relation of birth or origin and dissenting votes, all the aforementioned cases implies a common race, usually characterized by are hereby dismissed. THIS BEING THE VOTE OF community of language and customs. MAJORITY, THERE IS NO FURTHER JUDICIAL OBSTACLE TO THE NEW CONSTITUTION BEING STATE v. NATION CONSIDERED IN FORCE AND EFFECT. STATE is a legal or political concept, while NATION is a racial or ethnical concept, nearly similar to “people”. A single state may embrace several different nations DISTINCTION BETWEEN JUSTICIABLE AND POLITICAL or people; a single nation will sometimes be so QUESTION divided politically as to constitute several states. JUSTICIABLE QUESTION POLITICAL QUESTION A definite and concrete It means a question of STATE v. GOVERNMENT dispute touching on the policy. It refers to those STATE itself is an ideal person, intangible, indivisible, legal relations of parties questions whih under and immutable, while GOVERNMENT is an agent and having adverse legal the Constitution are to within the sphere of the agency, a perfect interests which may be be decided by the people representative; but outside of that it is a lawless resolved by a court in their sovereign usurpation. through the application capacity or in regard to GOVERNMENT is narrower than the term STATE. of a law (Cutaran v. which full discretionary It refers to the person or group of persons in DENR, 350 SCRA 697, authority has been whose hands the organization of the State places [2001]) delegated to the for the time being the function of political Legislature or executive control. It indicate the kind and composition of branch of the the controlling group government (Tanada v. ELEMENTS OF A STATE Cuenco, L-10520, [1957]) 1. PEOPLE Refers to the entire body they must be of those citizens of a independent state or the emergence into any other numerous enough state or nation who are political status freely determined by the people, to be self- sufficient invested with political arises in only the most extreme cases and under and to defend power for political carefully defined circumstances. themselves and purposes small enough to be easily administered TERRITORY and sustained 2. TERRITORY Is a fixed area or surface a. TERRESTRIAL DOMAIN - the area of the land it must neither be of the Earth where the which the State occupies too big as to be inhabitants of a State live b. FLUVIAL or MARITIME DOMAIN – external and difficult to and where they maintain internal waters administer and a government of their c. AERIAL DOMAIN – the airspace above the land and defend nor too small own the waters. to as to be unable to provide for the needs of the GOVERNMENT population 3. GOVERNMENT Institution or aggregate GOVERNMENT OF THE REPUBLIC OF THE of institutions by which PHILIPPINES – the corporate governmental entity an independent society through which the functions of government are makes and carries out exercised throughout the Philippines including the those rules of action various arms through which the political authority is which are necessary to made effective in the Philippines, whether pertaining enable men to live in a to the autonomous regions, provincial, city, social state, or which are municipal, or barangay subdivisions or other forms of imposed upon the local government people forming that society by those who CLASSIFICATION OF GOVERNMENT possess the power or 1. DE JURE – organized and existing in accordance authority of prescribing with the actual laws operative in the state. them SUAREZ: organized government of a State which 4. SOVEREIGNTY The supreme, absolute, has the general support of its people. Sovereignty resides uncontrollable power by 2. DE FACTO – exist upon the basis of fact because in the people and all which a State is it is organized not in accordance with, but in government governed defiance of the existing legal processes of the authority emanates state. from them (Art II. SUAREZ: it is not founded upon the existing Sec 1) constitutional law of the State.
KINDS OF DE FACTO GOVERNMENT
PEOPLE a. DE FACTO PROPER – that which gets possession and control of, or usurps by (as classified under the constitution) force or by the voice of majority, the rightful a. INHABITANTS – all persons who dwell and sojourn legal government and maintains itself in the Philippines, regardless of whether they are against the will of the latter. (ie., aliens or transients government of England under b. ELECTORS – group of citizens lawfully authorized commonwealth, first by parliament and to the right of suffrage later by Cromwell) c. CITIZENS – those who possess the citizenship b. GOVERNMENT OF PARAMOUNT FORCE – requirement under the constitution that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war. THE RIGHT OF THE PEOPLE TO SELF DETERMINATION (ie., Castine, Maine which was reduced to 1. RIGHT TO INTERNAL SELF – DETERMINATION – the British possession in the War of 1812 and pursuit of the people of its political, economic, social Tampico, Mexico which was occupied during and cultural development should be within the the war with Mexico by the US troops) framework of an existing state. o free determination of their political rights CHARACTERISTICS: and free to pursue to pursue their 1. Its existence is maintained by active economic, social and cultural development. military power within the territories, 2. RIGHT TO EXTERNAL SELF – DETERMINATION – and against the rightful authority of an establishment of a sovereign and independent state, established and lawful government the free association or integration with an 2. While it exist, it must neccesarily be reviewed by the Supreme Court. obeyed in civil matters by private Both houses of Congress have recognized citizens who, by acts of obedience Arroyo as the President. Implicitly clear that rendered in submission to such force, recognition is the premise that the inability do not become responsible, as of Estrada is no longer temporary. wrondoers, for those acts, though not warranted by the laws of the rightful government. Actual governments of REQUIREMENTS FOR THE RECOGNITION OF this sort are established over districts GOVERNMENT differing greatly in extent and 1. It has the control of the administrative conditions. They are usually machinery of the state with popular administered by military authority, but acquiescence they may be administered, also, by civil 2. It is willing and able to comply with its authority, supported more or less international obligations directly by military force. FUNCTIONS OF GOVERNMENT c. That ESTABLISHED AS AN INDEPENDENT 1. CONSTITUENT –exercised by the State as GOVERNMENT – by the inhabitants of a attributes of Sovereignty which constitute country who rise in insurrection against the the very bond of society and are therefore parent state. (ie., government of Southern compulsory. Confederancy in revolt against the Union 2. MINISTRANT – exercised by the State to during the war of secession) advance and promote the general interest, welfare and progress of society and are GOVERNMENT OF CORY therefore optional. AQUINO WHEN SHE TOOK OATH IN CONSTITUENT MINISTRANT FEBRUARY 25, 1986 a. Keeping of order a. Public works REVOLUTIONARY GOVERNMENT and providing for b. Public education The provisional government established was the protection of c. Public charity “revolutionary in character” because it was persons and d. Health and safety installed by the direct action of the people property from regulations or by the “people power”. violence and e. Regulation of It derived its existence and authority property trade and directly from the people themselves, not b. Fixing of legal industry from the 1973 Constitution relations between The Bill of Rights under the 1973 man and wife and Constitution was not operative during the between parents interval between February 28, 1986 and and children March 24, 1986 when the Freedom c. Regulation of the Constitution took effect by presidential holding, proclamation. transmission and DE FACTO GOVERNMENT interchange of REASON: there was no constitutional basis property and the of its creation, the same not having been determination of its sanctioned either under 1935 or 1973 liabilities for debt or Constitution. for action HOWEVER, the de facto government at the d. Determination of start acquired a de jure status when it contract rights obtained the continuous public acceptanc between individuals and support of the people and the e. Definition of recognition of practically all foreign punishment of governments crimes f. Administration of GOVERNMENT OF justice in civil cases GLORIA ARROYO AFTER g. Administration of THE OUSTER OF political duties, PRESIDENT ESTRADA privileges and DE JURE GOVERNMENT relations of citizens The claim of Estrada that he is a “president The said classification still remains but there on leave” on the ground that he is merely are instances when some services were unable to govern temporary is untenable, considered as a governmental function or a since the decision of the Congress that non-governmental function. Arroyo is the de jure President made by the co – equal branch of government cannot be DOCTRINE OF “PARENS PATRIAE” 3. All-comprehensiveness – the universality of “father of his country” sovereignty within the territorial limits of Refers to the inherent power or authority of the State; the sovereign power extends over the State to provide protection of the all persons, associations and things within person and property of a person non sui such territorial limits except those over juris. which the State has voluntarily consented to The state has the sovereign power of waive the exercise of its jurisdiction. guardianship over the right of persons 4. Inalienability – an attribute of the State by under certain disabilities. which it cedes away any of its essential elements without self – destruction 5. Imprescriptibility – the principle exclusively SOVEREIGNTY of private law which can never run against the rights of the people and could in no KINDS: case be invoked in support of an argument 1. LEGAL SOVEREIGNTY – the supreme authority to that the people had lost their sovereignty enact laws to issue final commands through the operation of such principle 2. POLITICAL SOVEREIGNTY – sovereignty 6. Unity – sovereignty cannot be divided possessed by the electorate or the whole body without producing several wills, which is politic (power of the people) inconsistent with the notion of sovereignty 3. INTERNAL SOVEREIGNTY – the power inherent in the people or vested in its ruler by the Constitution to govern the State CO CHAM v. VALEZ TAN KEH, 75 Phil 113 4. EXTERNAL SOVEREIGNTY – the absolute EFFECT OF INVASION IN THE PHILIPPINES BY A independence of one state as a whole with SUPERIOR MILITARY FORCE BELONGING TO reference to other states. ANOTHER COUNTRY POLITICAL LAWS - Immediately cease to have NB : The external sovereignty of any State effect, except insofar as they are continued in requires the recognition by other States in force by the express consent of the new order to render it perfect and complete. sovereign This external manifestation is what you call MUNICIPAL LAWS - Those which are not in INDEPENDENCE. conflict with the laws of the new sovereign may continue in force with the express consent of the TITULAR v. ACTUAL new sovereign TITUTLAR SOVEREIGNTY is sovereignty fictitiously JUDICIAL DECISIONS - Valid during the vested in a ruler who personifies the power and occupation and even beyond except those of a majesty of the State and in whose government is political complexion which are automatically conducted, while ACTUAL SOVEREIGNTY is vested in annulled as soon as the legitimate authority is other hands restored
PRINCIPLE OF AUTO LIMITATION MACARIOLA v. ASUNCION, 114 SCRA 77
Sovereignty is the property of the state- EFFECT OF CHANGE OF SOVEREIGNTY force due to which it has the exclusive The political laws of the former sovereign, capacity of legal self – determination and whether compatible or not with those of the self-restriction new sovereign, are automatically abrogated, unless they are expressly re-enacted by CHARACTERISTICS OF SOVEREIGNTY affirmative act of the new sovereign. Municipal Sovereignty is permanent, exclusive, laws remain in force comprehensive, inalienable, imprescriptible and unified. EFFECT OF BELLIGERENT 1. Permanence – the sovereignty of the State OCCUPATION continues without interruption so long as No change in sovereignty. Political laws, except the State itself exist. It does not cease with those of treason, are suspended; municipal laws the death or temporary dispossession of a remain in force unless changed or repealed by particular bearer, or the re-organization of the belligerent occupant. the State, but shifts from one part of a body However, at the end of the belligerent to another when it undergoes external occupation, the political laws which had been change. suspended during the occupation shall 2. Exclusiveness – there can be but one automatically become effective again, under the supreme power in the State, legally entitled doctrine of jus postiliminium to the obedience of the inhabitants. To hold otherwise would be to deny the principle of DOCTRINE OF JUS POSTLIMINI “unity of State” and to admit the possibility When a territory which has been occupied of an “imperium in imperio” by the enemy comes again into the power of the State during the progress of a war a. When it asserts its political jurisdiction over through conquest or otherwise, the legal its nationals abroad state of the things existing prior to the b. When the local state waives its jurisdiction hostile occupation is re-established over persons and things within its territory At the end of the occupation, political laws c. When it establishes a colonial protectorate are automatically revived d. When it enjoys easements or servitudes e. When it exercises jurisdiction over its vessels in the high seas ACT OF STATE – an act done by or under the f. When it exercises limited jurisdiction over authority of the sovereign power the contiguous zone g. When it exercises the principle of extraterritoriality DOMINIUM v. IMPERIUM DOMINIUM IMPERIUM Definition FUNDAMENTAL POWERS OF THE STATE The State’s authority to The State’s capacity to govern own property NATURE AND PRINCIPLES Rights Covered 1. Inherent in the State, exercised even without Passing laws, Title to land, need of express constitutional grant maintaining peace and exploitation, and use 2. Necessary and indispensable; the state cannot order thereof be effective without them Effect 3. Methods by which the state interferes with Generally enjoys The State descends to private property sovereign immunity the status of an ordinary 4. Presupposes equivalent compensation person and is liable as 5. Exercised primarily by the legislature such SUAREZ: DOMINIUM refers to the capacity to own or POLICE POWER The sovereign power acquire property, including lands held by the State in (law of overwhelming to promote and its proprietary capacity while IMPERIUM is the necessity) protect the general authority possessed by the State embraced in the welfare. It is the concept of sovereignty most pervasive and the least limitable of the three powers of POWER AND the State, the most JURISDICTION OF THE essential and STATE illimitable, which 1. TERRITORIAL POWER AND JURISDICTION enables the State to The State has power and jurisdiction over prohibit all hurtful persons and things within its territory. things to the Except : comfort, safety and a. Foreign states, heads of state, diplomatic welfare of society representatives and consuls to a certain Power of the state to degree enact such laws or b. Foreign state property, including embassies, regulations in consulates, and public vessels engaged in relation to persons non-commercial activities and property as may c. Acts of state promote public d. Foreign merchant vessels exercising the health, public rights of innocent passage or involuntary morals, public safety, entry, such as arrival under stress and the general e. Foreign armies passing through or stationed welfare and in its territory with its permission convenience of the f. Such other persons or property, including people organizations like the United Nations, over POWER OF EMINENT The right of the state which it may, by agreement, waive DOMAIN to acquire private jurisdiction property for public 2. PERSONAL JURISDICTION use upon payment of just The State has power of jurisdiction over in its compensation. It can nationals, which may be exercised by the State be exercised by even if the individual is outside the territory of those to whom the the state. said power is 3. EXTRATERRITORIAL JURISDICTION lawfully delegated. The State has power and jurisdiction beyond or The right of the outside its territory: sovereign power to Involves appropriate not only destruction and the public but also confiscation of The property taken is for public the private property property which use or purpose of all citizens within are noxious the territorial (toxic) sovereignty to public EXERCISE OF POWER (how exercised) purpose Inherently May be Inherently Inseparable in exercisable by exercised by exercisable by sovereignty, being the private entities the government essential to the government upon valid only existence of the only delegation State and inherent in SIMILARITIES government even in 1. Exist independently of fundamental law, as its most primitive a necessary attribute of sovereignty forms. No laws 2. The underlie the constitution and rest upon therefore are ever necessity because there can be no effective necessary to confer government without them this right upon 3. They are enduring and indestructible as the sovereignty or quasi- State itself sovereign power 4. They constitute the three methods by which POWER OF TAXATION The power of the the State interferes with private property State to raise rights revenues to defray 5. Presupposes an equivalent compensation the expenses of LIMITATION government or for Generally, limited by the Bill of Rights. any public purpose Although in some cases the exercises of the It may include the power prevails over specific constitutional power to destroy if it guarantee is used validly as an implement of the police power in SUMMARY OF REQUISITES discouraging and 1. Lawful 1.necessity 1. public ultimately subject 2. private purpose prohibiting in effect 2. Lawful property 2. uniformity certain things or means 3. Taking 3. either the enterprise inimical 4. Public use person or to the public welfare When exercised 5. just property taxed by a delegate: compensati shall be within REASON WHY INHERENT: 3. Expressly on the jurisdiction The birth of the State carries with it the granted by 6. due process of taxing authority to exercise those powers. They co- law of law authority exist with the State and they are enduring 4. Within 4. that in and indestructible as the State itself territorial assessment and They are inherent and co-terminus with the limits collection of life of the State itself. They need not be 5. Must not certain taxes, expressly conferred by the Constitution in be contrary certain favor of the State to law guarantess 6. Limitation: against injuries POLICE POWER EMINENT POWER OF due to individuals, DOMAIN TAXATION process especially by REGULATED (Scope) way of notice Liberty and Private property rights only and property opportunity for NATURE (nature of compensation) hearing shall be Compensation is more concrete provided Intangible and There is full and There is altruistic feeling fair equivalent corresponding that he has compensation protection and contributed to of the property public THE 1987 CONSTITUTION the general taken improvements welfare for the taxes PREAMBLE paid PROPERTY (nature of property) We, the sovereign Filipino people, imploring the aid valid and effective until amended or repealed of Almighty God, in order to build a just and humane BERNAS : “all other territories over which the society, and establish a Government that shall Philippines has sovereignty or jurisdiction” do embody our ideals and aspirations, promote the not include Sabah but do not exclude it either common good, conserve and develop our patrimony, because of our adherence to the generally and secure to ourselves and our posterity, the accepted principles of international law which blessings of independence and democracy under the enables the nation to acquire territory by rule of law and a regime of truth, justice, freedom, cession, purchase and so forth. love, equality, and peace, do ordain and promulgate SUAREZ : the deletion of the words does not this Constitution. mean that we have abandoned our claim to Sabah. They merely erased reference to the old MEANING : A formal expression of the ideals and treaties like Treaty of Paris. The absence of sentiments of the Filipino people and of the purpose express or implied reference to the Treaty of and objectives of the government established under Paris and other treaties that support our the Constitution. territorial boundaries, will not nullify the said treaties nor the Convention on the Law of the IMPORTANT ENDS: Sea and related rules. 1. Indicates the source from which the Constitution comes 2. It sets forth the ends that the Constitution and ARCHIPELAGIC DOCTRINE the government established by it are intended Under this doctrine, the Philippine Archipelago is considered as one integrated NB: unit instead of being fragmented and 1. It is not part of the Constitution. It may not divided into more than seven thousand justify the exercise of government power or may islands. This assertion, together with the not be relied upon for a claim of an individual application of the “straight baseline right, but it serves an important purpose. method", is what is referred as the 2. It is not a source of rights or obligations. It is Archipelagic Doctrine. By using this method, merely an aid in ascertaining the meaning of the outermost points of our archipelago are ambiguous provisions on the body of the connected with straight baselines and all Constitution. waters inside the baselines are considered as internal waters.
ARTICLE I PART OF THE INTERNAL WATERS OF THE
NATIONAL TERRITORY PHILIPPINES On the strength of this assertion, the large bodies of water connecting the islands of The national territory comprises the Philippine the archipelago such as the Mindanao Sea, archipelago, with all the islands and waters the Sulu Sea and the Sibuyan Sea, are embraced therein, and all other territories over considered by the Philippines as part of its which the Philippines has sovereignty or jurisdiction, internal waters, just like the rivers and lakes consisting of its terrestrial, fluvial and aerial domains, found within the islands themselves. including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands IMPORTANT DISTANCES of the archipelago, regardless of their breadth and WITH RESPECT TO THE dimensions, form part of the internal waters of the WATERS AROUND THE Philippines. PHILIPPINES TERRITORIAL SEA 12 nautical miles from (MARITIME BELT) – the low water mark, or in DELETION OF “BY portion of the sea the case of Archipelagic HISTORICAL RIGHT AND adjacent to the State, from the baselines LEGAL TITLE” coast/shores of a State Have we abandoned our claim over Sabah which is under its TOLENTINO : we have drop our claim and pur jurisdictional control right to our territorial waters covering 90 million CONTIGUOUS ZONE – Not technically a hectares of water under the treaty of Paris and the zone extending up to part of the territory related treaties 12 nautical miles from of the State, the NOLLEDO : the definition of territory, territorial the territorial sea coastal State may and internal waters including the 200-mile exercise limited economic zone as well as the islands over which jurisdiction as a we have historic right or legal title is provided for preventive measure and duly protected pursuant to Sec3, Art XVII of to insure that the 1987 Constitution and shall continue to be customs laws, immigration and FREEDOM OF THE SEA PRINCIPLE sanitary laws are No part of the sea as such can be subjected properly and to the sovereignty of any State. It cannot effectively enforced therefore be incorporated into the territory EXCLUSIVE ECONOMIC Not part of the of any State through occupation. ZONE – the zone which territory but extends up to 200 miles exclusive economic FREEDOM OF NAVIGATION – the right to sail from the low water mark benefit is reserved ships on the high seas, subject only to or the baselines as the for the country (ie., international law and the laws of the flag state. case may be Scarborough shoal, 135 km from Iba CONTINENTAL SHELF – the sea-bed and subsoil Zambales) of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer RIGHTS OF THE COASTAL STATE OVER THE AREA edge of the continental margin, or to a distance BEYOND THE TERRITORIAL SEA of 100 miles from the baselines from which the 1. Right of innocent passage of other states territorial sea is measured where the outer edge 2. The Coastal State may exercise sovereign of the continental margin does not extend up to rights over economic resources of the sea, that distance seabed and subsoil 3. Freedom of navigation and over-flight to lay submarine cables and proper lines and JURISDICTION OF other lawful uses of other states. NAVIGABLE WATERS Internal waters + A State exercises THREE NAVIGABLE Territorial Sea = sovereignty over RIVERS TERRITORIAL WATERS OF these waters to the 1. INLAND OR INTERNAL WATERS – the waters on THE STATE same extent as its the landmark side of the baselines from which land territory but the breath of the territorial sea is calculated foreign vessels have - they are within the territory (ie., rivers, the right of innocent bays, gulfs, straits, lakes, canals) passage 2. TERRITORIAL SEA or MARITIME BELT Foreign vessels have 3. HIGH SEAS or OPEN SEAS – they part of the sea no right of innocent which is not included in the territorial sea or in passage through the internal waters of any State. internal water High seas or Open seas = NOT subject to the Open seas are not included in the maritime zone INTERNATIONAL WATERS sovereignty of any of any State. By its very nature the sea cannot be state. a property of any State. o PARAS : It is a common highway of all THE WORD “ARCHIPELAGO” IN ARTICLE I appropriated to the use of all, and no one It supports and strengthens the concept that the can arrogate to himself a superior or Philippines is an archipelago which is considered exclusive prerogative there. Every ship sails as one integrated unit instead of being there with an unquestionable right or fragmented into more than 7,000 islands. pursuing her own lawful business without interruption. And whatever may be that POSITION OF PHILIPPINE GOVERNMENT IN RELATION business, she is bound to pursue it in such a TO THE ARCHIPELAGIC DOCTRINE manner as not to violate others under the The three (3) mile limit, and even the twelve Latin Maxim, SIC UTERE TUO, NON (12) mile limit, does not protect the interest of ALIENUM LAEDAS the Philippines o SUAREZ : they are open and available to the REASONS : use of all States for a variety of purposes 1. It will result to the dismemberment of which may be regulated by a treaty, thus our archipelago, the Sibuyan Sea not absolute separating from the Visayas, and the Mindanao strait and Sulu isolating “ARCHIPELAGIC WATERS” – 2nd sentence od Sec Palawan from the rest of the 1, “The waters around, between, and connecting archipelago the islands of the archipelago, regardless of their 2. The said waters would cease to be breadth and dimensions, form part of the Philippine waters. They would become internal waters of the Philippines.” international waters or high seas, and fishing vessels from all nations can TERRITORIUM NULLIUS – territory of no one, a enter to get the fish and other living territory which is the land of no State resources of the sea which nature and Divine Providence intended for the - Said public officials are entrusted with Filipinos the duty to serve the people who 3. Warships of even unfriendly nations choose them could enter these waters and stay there c. The purpose of a republican government is with perfect legal right to do so to promote the common welfare of the 4. We would lose a large part of our people according to the will of the people territory or both sides of the d. This will is determined by the rule of archipelago, towards the China Sea and majority the Pacific Ocean. e. Rule of law - Ours is a government of laws and not of men - Under the republican system, no ARTICLE II person is above law, thus it applies to DECLARATION OF PRINCIPLES AND STATE POLICIES everyone regardless of status in life, creed, political and religious persuasion and color of his skin SIX PRINCIPLES IN SECTION 1 - 6 f. Principle of separation of powers and the 1. Soveignty resides in the people and all system of checks and balances is observed government authority emanates from them g. Legislature cannot pass irrepealable laws 2. Renunciation of war as an instrument of national policy Constitutional authoritarianism is not 3. Civilian authority is, at all times, supreme compatible with a republican state. over the military o It is public knowledge that President Marcos 4. Prime duty of the government is to serve had no legitimate and direct mandate of the and protect the people Filipino people during the martial law 5. Promotion of general welfare and regime and this is, in fact, the underlying maintenance of peace and order reason why there was a Peoplae’s revolt on 6. Separation of Church and State February 22-25, 1986 which resulted to his exile in Hawaii “PHILIPPINES IS A DEMOCRATIC AND PRINCIPLE OF REPUBLICANISM REPUBLICAN STATE” “The Philippines is a democratic and republican o The essence of a republican state is indirect State. Sovereignty resides in the people and all rule (where there is a government which is government authority emanates from them.” (Art II, run by the people through their chosen Sec. 1) representatives who in turn are accountable to the sovereign will of the people) but our Republican Government – a government which is run present Constitution provides for some by the people through their chosen representatives features of pure and direct democracy such who in turn are accountable to the sovereign will of as initiative and referendum (Art Vi, Sec32, the people. They derive their mandate from the Art XVII, Sec2). people who elect them for a period or a term that is fixed by law. They cannot go against the specific DOCTRINE OF SEPARATION OF POWER authority and sovereign will of the people for they PURPOSE: To prevent concentration of authority are precisely the source of all government authority in one person or group of persons that might and are merely the trustees who are expected to act lead to an irreversible error or abuse in its for and in their behalf and for their benefit. exercise to the detriment of the republican BASIS : Article II, Sec 1 – 4, Article XI, Sec 1 institutions Pursuant to this doctrine, the correctness of Constitutional Authoritarianism – through the decisions of the Supreme Court as fial constitutional authoritarianism, President Marcos arbiter of all justiciable disputes is assumed extraordinary powers including legislative, conclusive upon all other departments of judicial and even constituent powers the government; the ombudsman has no power to review the decsions of te Supreme Federalism – one where there is a formal division of Court by entertaining a complaint against functions and powers between the national and local the Justices of the Supreme court for governments knowingly rendering an unjust decision (In re: Laureta, 148 SCRA 382 [1987]) MANIFESTATION OF REPUBLICANISM (CHARACTERISTICS) SUAREZ : It operates to maintain the a. People choose their representatives and legislative powers to the legislative public officials for a period fixed by law department, executive powers to the b. Accountability of public officials executive department and those which are judicial in character to the judiciary. Through this allocation of powers, the person entrusted with power in any of the RATIONALE : Potestas delegata non potest departments of government shall not be delegare (power delegated cannot further permitted to encroach upon the power be delegated) confided to the others, but that each shall, The legislative must not nor can transfer the by the law of its creation, be limited to the power of making laws to anybody else or exercise of the powers appropriate to its place it anywhere except where the people own department and no other. There must have be independence and equality of the Premised on the ethical principle that several departments but does not extend to delegate to whom a power is delegated has the point that those in authority in one been chosen precisely because of trust and department can ignore and treat the acts of if he delegates it to another, the the third those in authority in the other, done person does not have the trust originally pursuant to the authority vested in them, as given to him.; moreover, the delegated nugatory and not binding in every other power constitutes not only a right but a department. duty to be performed by the delegate through the instrumentality of his own In effect, there is no absolute separation of judgment and not through the intervening the three branches of government. EACH mind of another. DEPARTMENT IS IVEN CERTAIN POWERS BY WHICH EACH RESTRAIN THE OTHERS FROM EXCEEDING THEIR CONSTITUTIONAL XPNs: (Permissible Delegation) AUTHORITY. 1. Tariff powers of the President (Art. VI, Sec. 28 (2) BASIS : Constitution itself which allocates 2. Emergency powers of President (Art. VI, powers to each of the said departments of Sec. 23 (2) government precisely on account of the 3. Delegation to the people; (Art. VI, Sec. 32, Art. principle that “Philippines is a democratic X, Sec. 10, Art. XVII, Sec. 2; RA 6753) and republican State” a. Referendum – method of submitting an important legislative measure to a direct vote of PRINCIPLE OF CHECKS AND BALANCES – the whole people allows one department to resist b. Plebiscite – a devise to obtain a direct popular encroachments upon its prerogatives or to vote on a matter of political importance rectify mistakes or excesses committed bt 4. Delegation to Local Government units; (Art X; the other departments, the net effect of R.A. 7160) and which being that, no one department is able 5. Delegation to administrative bodies (power of to act without the cooperation of at least subordinate legislation) one of the other department SUAREZ : one department is given certain powers by which it may definitely restrain TEST FOR VALID DELEGATION the others from exceeding constitutional 1. COMPLETENESS Clauses in the statute authority. It may object or resist any TEST – the law must struck down by SC encroachment upon its authority, or it may be complete in all its a. “as the Board question, if necessary, any act or acts which essential terms and may from time unlawfully interferes with its sphere of conditions when it to time jurisdiction and authority leaves the prescribe” legislature so that (Compania PRINCIPLE OF BLENDING OF POWERS – there will be nothing General de when powers are not confined exclusively left for the delegate Tabacos v. Board within one department but are assigned or to do when it of Public Utility are shared by several departments reaches him except [1916]) SUAREZ : a sharing of powers of the to enforce it b. “for any cause” different departments of government leaving whereby one department helps and unbridled coordinates with the other in the exercise of discretion to the a particular power, function or Governor responsibility. It is the process of sharing General (US v. and collaborating with each other that one Ang Tang Ho department not only helps but also checks [1922]) the other if for any valid reason it is deemed 2. SUFFICIENT Clauses that have been necessary for the public good. STANDARD TEST – is declared sufficient intended to map out standards PRINCIPLE OF NON DELEGATION OF POWER the boundaries of a. “Public Interest” the delegate’s (Schecter Corp. v. US authority by [1935}) defining the b. “on the use of any 6. Determination of legislative policy and fishing net or fishing constitutionality or indicating the devise for the legality of an act circumstances under protection of fish fry TEST : “whether there are constitutionality imposed which it is to be or fish eggs” limits on powers or functions conferred upon pursued and (Araneta v. political bodies” effected; intended Gatmaitan [1957]) If yes, then the courts are duty-bound to to prevent a total examine whether the branch or instrumentality transference of of the government properly acted within such legislative power limits from the legislature to the delegate. RULE OF MAJORITY SUAREZ : The will of the greater number of people, JUSTICIABLE QUESTION POLITICAL QUESTION whether referring to the citizens of the Philippines The votex of the It means a question of who choose their representatives, or to a number of controversy refers to the policy. It refers to those people in a community or organization who choose legality or validity of the questions which under their officers. In the choice of a President, Vice- contested act, that the Constitution are to President, Senators, Congressmen, and other public matter is definitely be decided by the people officials, the winners are those who may have justiciable or non – in their sovereign received the highest number of votes, but tis may political capacity or in regard to not necessarily be a majority of the total votes cast. which full discretionary If at all this vote is merely a plurality. authority has been This happened in the case of former President delegated to the Ramos, who received the highest votes over other Legislature or executive contenders but the same is a mere plurality because branch of the the votes were divided among the many presidential government (Tanada v. contenders. Cuenco, L-10520, [1957]) KINDS : These are neatly 1. Simple Majority – 50% plus one of all those associated with the present wisdom, not the legality 2. Absolute Majority – 50 % of all the of a particular measure members of the body 1. Determination of 1. The calling of a snap 3. Qualified Majority – that otherwise whether or not an presidential provided in the constitution or law as the appointee has the elections on vote required ( eg., 2/3 vote of the senate to prescribed February 7 1986 concur with a treaty) qualifications 2. The calling of a DIFFERENT INTERPRETATIONS ACCDG. TO SUAREZ 2. Determination of referendum is 1. PROCLAMATION OF MARTIAL LAW OR the President’s within the exclusive SUSPENSION OF THE PRIVILEGE OF HABEAS authority to propose discretion of CORPUS (Art VII, Sec 18) – 1/2 plus one of amendments and President Marcos the total membership the regularity of the 3. The authority of the 2. QUORUM OF EACH HOUSE (Art VI, Sec procedure adopted Senate to punish 16[2]) – majority vote of all members of for submission of and detain a each house proposals to the witness for 3. SUSPENSION OR EXPULSION OF A MEMBER people contempt is within (Art VI, Sec 16[3]) – 2/3 of all the members 3. Determination of its discretionary of each House whether or not a power and 4. CONSTITUTIONALITY OF A TREATY, constitutional authority INTERNATIONAL OR EXECUTIVE provision has been AGREEMENT OR LAW (Art VIII, Sec 4[2]) – followed or not majority of members who took part in the 4. Determination of deliberations of the case and who voted whether or not a thereon suspension for 5. A MAJORITY VOTE OF ONE – a dissenting disorderly behavior vote of one SB justice will prevent a decision is supported by the of the two other members of the division as required 2/3 votes a unanimous vote is required for such 5. Determination of decision whether or not the voting requirement prescribed by the constitution was complied with