CONSTITUTIONAL LAW 1 NOTES

CONSTITUTIONAL LAW 1 2nd- common rule of Spain (this rule lasted for more than
From the book entitled “Philippine Political Law” three hundred (300) years.
(Cruz) 3rd- Rizal and the other propagandists were later to ignite
the spirit of nationalism that was to fuel the Philippine
CHAPTER 1 Revolution.
GENERAL CONSIDERATION 4th- Philippine independence was proclaimed on June 12,
1898
POLITICAL LAW- is that branch of public law which deals 5th- establishment of the First Philippine Republic
with the organization and operations of the governmental (Malolos Constitution was the first democratic
organs of the State and defines the relations of the State constitution ever to be promulgated in the whole of Asia.
with the inhabitants of its territory. 6th- establishment of parliamentary system, but with the
President and not the Prime Minister
Political Law embraces: 7th- the US was already planting seeds of another
1. Constitutional Law I and II sovereignty in the Philippines.
2. Administrative Law 8th- Treaty of Paris on December 10, 1898, which provides
3. The Law of Public Officers cession of the Philippine Islands by Spain to the United
4. Election Law States.
5. The Law on Municipal Corporation 9th- organization of a military government by the
Americans
CONSTITUTIONAL LAW 1- a study of structure and 10th- creation of the Schurman Commission (First
powers of the Government of the Republic of the Philippine Commission), to make a fact-finding survey of
Philippines. It also deals with certain basic concepts of the Philippine Islands and submit appropriate
Political Law, such as: recommendations to the US Congress.
1. The nature of the State; 11th-Taft Commission (Second Philippine Commission),
2. The supremacy of the Constitution; which took over all the legislative powers and some of the
3. The separation of powers; and executive and judicial powers of the military governor.
4. The rule of the majority 12th- establishment of civil government, with William
Howard Taft as the first governor (July 4, 1901)
NECESSITY FOR THE STUDY 13th- creation of the Philippine Assembly in 1907 to sit
with the Philippine Commission in a bicameral legislature.
Every citizen, regardless of calling, should understand the Sergio Osmena was initially and successively elected
mechanics and motivations of his government. This must Speaker of the said assembly.
be so because “sovereignty resides in the people and all 14th- promulgation of the Philippine Autonomy Act (Jones
government authority emanates from them.” Law) in 1916
15th- Tydings-McDuffie Act, which authorized the
The fundamental law provides that “all educational establishment of the Commonwealth of the Philippines.
institutions shall include the study of the Constitution as 16th- the 1935 Philippine Constitution
part of the curricula.” 17th- formal withdrawal of sovereignty of the US over the
PH.
Basis of the Study 18th-proclamation of the Republic of the Philippines
1. The 1987 Philippine Constitution 19th- the Constitutional Convention of 1971 was convoked
2. Pertinent statues, executive orders and decree, and started deliberations on the revision of the 1935
and judicial decisions, as well as current political Constitution and the fashioning of the Constitution of
events in which the purpose of the law are 1973.
applied. 20th- Proclamation No. 1081 (Martial Law) on September
3. The 1935 Philippine Constitution 21, 1972
4. The 1973 Philippine Constitution 21st- Proclamation No. 1102 (ratification of 1973 PH
5. Constitution of the United States, along with Constitution)
relevant rulings of its Supreme Court. Reason: 22nd- Proclamation No. 2045 lifting Martial Law
imported provisions of law are interpreted in the 23rd- snap election on February 7, 1986
light of their understanding in the country of 24th- People power
origin. 25th- promulgation of Freedom Constitution

BACKGROUND OF THE STUDY

1st- originally consisted with disparate tribes, governed by

a system of laws promulgated by the datu or a council of
elders.

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CHAPTER 2 CHAPTER 3
THE CONSTITUTION OF THE PHILIPPINES THE CONCEPT OF THE STATE

Fundamental law to govern the PH STATE- a community of persons, more or less numerous,
1. Malolos Constitution permanently occupying a fixed territory, and possessed of
2. Commonwealth Constitution (1935) an independent government organized for political ends
3. The 1973 Philippine Constitution to which the great body of inhabitants render habitual
4. The 1987 Philippine Constitution obedience.

PROCLAMATION NO. 9- Constitutional Commission STATE VS. NATION

Composed of fifty (50) members appointed by The State is a legal concept, while the nation is only a
President Cory Aquino and charged it to frame a new racial or ethnic concept.
charter not later than September 2, 1986.
STATE VS. GOVERNMENT
Plebiscite schedule of the 1987 Constitution – February 2, 1. Government is only an element of a State.
1987 2. State is principal; Government is its agent.
3. State itself is an abstraction; it is the government
OUTSTANDING FEATURES that externalizes the State and articulates its will

The 1987 Philippine Constitution consists of: ELEMENTS OF A STATE

1. eighteen (18) articles (excessively long compared 1. People
to the 1935 and 1973 Constitution 2. Territory
2. many original provisions of the 1935 have been 3. Government
restored because of the revival of the bicameral 4. Sovereignty
Congress of the Philippines and the strictly
presidential system. (legislative and the executive The Montevideo Convention specifies the accepted
department) criteria for the establishment of a State, namely:
3. independence of the judiciary has been 1. Permanent population
strengthened, 2. A defined territory
4. increase in its authority which now covers even 3. A government
political questions formerly beyond its 4. Capacity to enter into relations with other states
jurisdiction. (these elements were the factors considered by the
5. Many provisions in the 1973 Constitution have Supreme Court in declaring unconstitutional the
been retained (Constitutional Commissions and proposed Memorandum of Agreement on the
local government) Ancestral Domain between the Government of the
6. The Bill of Rights under Commonwealth and Republic of the Philippines and the MILF which would
Marcos Constitution has been considerably have paved the way for the conversion of the
improved. Bangsamoro Juridical Entity (BJE), sought to be
established under said proposed Agreement
THE SUPREMACY OF THE CONSTITUTION purportedly as an “expanded version” of the ARMM,
into a state.)
The Constitution is the basic and paramount law to which
all other laws must conform and to which all persons, MEMORANDUM OF AGREEMENT ON THE ANCESTRAL
including the highest officials of the land, must defer. The DOMAIN BETWEEN THE GOVERNMENT AND THE
Constitution must ever remain supreme. All must bow to MILF
the mandate of this law. Constitution must be upheld as
long as it has not been changed by the sovereign people The said proposed Agreement was to acknowledge the
lest its disregard result in the usurpation of the majesty of “birthright of all Moros and all Indigenous peoples of
law by the pretenders to illegitimate power. Mindanao to identify themselves and be accepted as
‘Bangsamoros’.
PROSPECTS OF THE CONSTITUTION
It specified the “territory of the Bangsamoro homeland,”
The Constitution must be quintessential rather than described therein “as the land mass as well as the
superficial, the root and not the blossom, the base and maritime, terrestrial, fluvial and alluvial domains, including
framework only of the edifice that is yet to rise. the aerial domain and the atmospheric space above it,
embracing the Mindanao-Sulu-Palawan geographic
region.”

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It also indicated that “the BJE shall have jurisdiction over repulsions into a living organism possessed of a
all natural resources within its ‘internal waters,’ defined as common pulse, a common intelligence and
extending fifteen (15) kilometers from the coastline of the inspiration, and destined apparently to have a
BJE area; that the BJE shall also have ‘territorial waters,’ common history and a common fate.”
which shall stretch beyond the BJE internal waters up to
the baselines of the Republic of the Philippines south east 2) TERRITORY- the fixed portion of the surface of
and south west of mainland Mindanao; and that within the earth inhabited by the people of the State.
these territorial waters, the BJE and the ‘Central
Government’ shall exercise joint jurisdiction, authority and The components of territory are the land mass,
management over all natural resources. Notable, the otherwise known as the terrestrial domain, the
jurisdiction over the internal waters is not similarly inland and external waters, which make up the
described as ‘joint.’” maritime and fluvial domain, and the air space
above the land and waters, which is called the
“Bangsamoro people are acknowledged as having the aerial domain.
right to self-governance, which right is said to be rooted
on ancestral territoriality exercised originally under the Article 1. National Territory.- the national
suzerain authority of their sultanates and the Pat a territory comprises the Philippine
Pangampong ku Ranaw.” archipelago, with all the islands and waters
embraced therein, and all other territories
Moreover, the proposed Agreement stated that “the BJE over which the Philippines has sovereignty
is free to enter into any economic cooperation and trade or jurisdiction, consisting of its terrestrial,
relations with foreign countries and shall have the option fluvial and aerial domains, including its
to establish trade missions on those countries.” territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas.
These considerations led the Supreme Court to The waters around, between and
describe the relation of the Republic of the Philippines connecting the islands of the archipelago,
and BJE under the proposed agreement as regardless of their breadth and dimensions,
“associative, characterized by shared authority and form part of the internal waters of the
responsibility,” stressing that in “international practice, Philippines.
the ‘associated state’ arrangement has usually been used
as a transitional device of former colonies on their way to The article has deleted reference to the territories
full independence.” we claim “by historic right or legal title,” but this
does not mean an outright or formal
The Supreme Court (SC) went on to state that the BJE “is abandonment of such claim. It has been pointed
not merely an expanded version of the ARMM, the status out the “the definition of the baselines of the
of its relationship with the national government being territorial sea of the Philippines Archipelago” as
fundamentally different from that of the ARMM. Indeed, provided for in Section 2 of the Republic Act No
BJE is a state in all but name as it meets the criteria of a 5446 “is without prejudice to the delineation of
state laid down in the Montevideo Convention.” the Court the baselines of the territorial sea around the
stressed that the proposed Agreement “cannot be territory of Sabah, situated in North Borneo, over
reconciled with the present Constitution and laws. Not which the Republic of the Philippines has
only its specific provisions but the very concept acquired dominion and sovereignty.” It is to be
underlying them, namely, the associative relationship noted that Sabah is maintained to be among the
envisioned between the GRP and the BJE, are territories claimed by the Philippines “by historic
unconstitutional, for the concept presupposes that the or legal title.”
associated entity is a state and implies that the same
is on its way to independence.” MAGALLONA v. ERMITA

1) PEOPLE- refers simply to the inhabitants of the The Philippines is a signatory to the Convention
State. It is generally agreed that they must be on the Territorial Sea and the Contiguous Zone
numerous enough to be self-sufficing and to (UNCLOS I) which codified, among others, “the
defend themselves and small enough to be easily sovereign right of States parties over their
administered and sustained. ‘territorial sea,’ the breadth of which, however,
was left undetermined,” and which served as basis
The people are more comprehensive and less for the passage in 1961 by Congress of Republic
cohesive than the nation. Act No. 3046 “demarcating the maritime
baselines of the Philippines as an archipelagic
NATION, as defined by Malcolm, is “a people State.” Said law “remained unchanged for nearly
bound together by common attractions and five decades, save for legislation passed in 1968

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(RA 5446) correcting typographical errors and statutes to comply with the treaty’s terms
reserving the drawing of baselines around Sabah to delimit maritime zones and
in North Boromeo. continental shelves.
ii. As to the petitioner’s second contention,
Congress amended RA 3046 by enacting RA No. the Supreme Court said, “whether
9522. Accordingly, RA 9522 shortened one referred to as Philippine ‘internal waters’
baseline, optimized the location of some under Article I of the Constitution or as
basepoints around the Philippine archipelago and an ‘archipelagic waters’ under UNCLOS III
classified adjacent territories, namely, the (Article 49 [1]), the Philippines exercises
Kalayaan Island Group (KIG) and the Scarborough sovereignty over the body of water lying
Shoal, as ‘regime of islands’ whose islands landward of the baselines, including the
generate their own applicable maritime zones. air space over it and the submarine areas
underneath.
Petitioner Magallona challenged the
constitutionality of RA 9522 on two (2) principle Article 49. Legal status of
grounds, namely: archipelagic waters, of the air space
A. RA 9522 reduces Philippine maritime over archipelagic waters and of their
territory, and logically, the reach of the bed and subsoil.-
Philippine state’s sovereign power, in 1. The sovereignty of an
violation of Article 1 of the 1987 archipelagic State extends to the
Constitution, embodying the terms of the waters enclosed by the archipelagic
Treaty of Paris and ancillary treaties, and baselines drawn in accordance with
B. RA 9522 opens the country’s waters article 47, described as archipelagic
landward of the baselines to maritime waters, regardless of their depth or
passage by all vessels and aircrafts, distance from the coast.
undermining Philippine sovereignty and 2. This sovereignty extends to the
national security, contravening the air space over the archipelagic
country’s nuclear-free policy, and waters, as well as to their bed and
damaging marine resources, in violation subsoil, and the resources contained
of relevant constitutional provisions. therein.
3. This sovereignty is exercised
Petitioners further contended that RA 9522’s subject to this Part.
treatment of the KIG as ‘regime of islands’ not 4. The regime of archipelagic sea
only results in the loss of a large maritime area lanes passage established in this
but also prejudices the livelihood of subsistence Part shall not in other respects
fishermen. affect the status of the archipelagic
waters, including the sea lanes, or
RULING: the exercise by the archipelagic
State of its sovereignty over such
i. The SC rejected the petitioner’s claim that waters and their air space, bed and
RA 9522 had resulted in a reduction of subsoil, and the resources contained
the Philippine’s maritime territory and therein.
“the reach of the Philippine state’s
sovereign power.” UNCLOS III has The political branches of the Philippine
nothing to do with the acquisition or loss government in the competent discharge
of territory. It is a multilateral treaty of their constitutional powers, may pass
regulating, among others, sea-use rights legislation designating routes within the
over maritime zones, contiguous zone, archipelagic waters to regulate innocent
exclusive economic zone, and continental and sea lanes passage.
shelves that UNCLOS III delimits. X x x
UNCLOS III and its ancillary baselines iii. The SC likewise reject the petitioner’s
laws play no role in the acquisition, third contention. Thus, “the Philippines
enlargement or, as petitioners claim, would have committed a breach of two
diminution of territory. Under traditional provisions of UNCLOS III. First, Article 47
international law typology, States acquire (3) of the UNCLOS III requires that the
territory through occupation, accretion, drawing of such baselines shall not
cession and prescription, not by depart to any appreciable extent from the
executing multilateral treaties on the general configuration of the archipelago.
regulations of sea-use rights or enacting Second, Article 47 (2) of UNCLOS III

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requires that the length of the baselines exclusive economic zone and the
shall not exceed 100 nautical miles, save continental shelf shall be measure
for three percent (3%) of the total from archipelagic baselines drawn
number of baselines which can reach up in accordance with Article 47.
to 125 nautical miles. Although the
Philippines has consistently claimed Thus, baseline laws are nothing but
sovereignty over the KIG and the statutory mechanisms for UNCLOS III
Scarborough Shoal for several decades, States parties to delimit with precision
these outlying areas are located at an the extent of their maritime zones and
appreciable distance from the nearest continental shelves. In turn, this gives
shoreline of the Philippine archipelago, notice to the rest of the international
such that any straight baseline loped community of the scope of the maritime
around them from the nearest basepoint space and submarine areas within which
will inevitably ‘depart to an appreciable States parties exercise treaty-based
extent from the general configuration of rights, namely:
the archipelago. 1. The exercise of sovereignty over
territorial waters (Article 2);
Section 2. The baseline in the 2. The jurisdiction to enforce
following areas over which the customs, fiscal, immigration and
Philippines likewise exercises sanitation laws in the contiguous
sovereignty and jurisdiction shall be zone (Article 33); and
determined as "Regime of Islands" 3. The right to exploit the living and
under the Republic of the non-living resources in the
Philippines consistent with Article exclusive economic zone (Article
121 of the United Nations 56) and continental shelf (Article
Convention on the Law of the Sea 77).
(UNCLOS):
The definition of Article I now covers the
a) The Kalayaan Island Group as following territories:
constituted under Presidential 1. Those ceded to the US
Decree No. 1596; and by virtue of the Treaty of
Paris of December 10,
b) Bajo de Masinloc, also known as 1898;
Scarborough Shoal. 2. Those defined in the
treaty concluded
The Court, refuting the petitioner’s claims between the US and
that RA 9522 not only “results in the loss Spain on November 7,
of a large maritime area but also 1900, which were not
prejudices the livelihood of subsistence defined in the Treaty of
fishermen,” when on to say that “UNCLOS Paris (islands of
III favors States with a long coastline like Cagayan, Sulu and
the Philippines. UNCLOS III creates a sui Sibuto);
generis maritime space- the executive 3. Those defined in the
economic zone – in waters previously treaty concluded on
part of the high seas. UNCLOS III grants January 2, 1930,
new right to coastal States to exclusively between the US and
exploit the resources found within this Great Britain, specifically
zone up to 200 nautical miles. UNCLOS III, the Turtle and Mangsee
however, preserves the traditional islands;
freedom of navigation of other States 4. The island of Batanes,
that attached to this zone beyond the which was covered
territorial sea before UNCLOS III.” under a general
statement in the 1935
Article 48. Measurement of the Constitution.
breadth of the territorial sea, the 5. Those contemplated in
contiguous zone, the exclusive the phrase “belonging to
economic zone and the continental the Philipines by historic
shelf.- the breadth of the territorial right or legal title” in the
sea, the contiguous zone, the 1973 Constitution.

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3) GOVERNMENT- the agency or instrumentality 6. The administration of

through which the will of the State is formulated, justice in civil cases;
expressed and realized. 7. The administration of
political duties,
No particular form of government is prescribed, privileges and relations
provided only that the government is able to of citizens; and
represent the State in its dealings with other 8. The dealings of the State
States. However, our Constitution requires our with foreign powers; the
government to be democratic and republican. preservation of the State
from external danger or
“The State is an ideal person, invisible, intangible, encroachment and the
immutable and existing only in contemplation of advancement of its
law; the government is an agent and, within the international interests.
sphere of its agency, it is a perfect representative,
but outside of that it is a lawless usurpation.” 2. Ministrant- are those undertaken
to advance the general interests
Mandate of the government from State- to of society, such as:
promote the welfare of the people. 1. Public works
2. Public charity, and
Every good is done by the government is 3. Regulation of trade and
attributed to the State but every harm inflicted on industry.
the people is imputed not to State but to the These functions are merely
government alone. optional.

Such injury may justify the replacement of the Now, it is obligatory on the State
government by revolution, theoretically at the itself to promote social justice, to
behest of the State, in a development known as provide adequate social services
direct State action. to promote a rising standards of
living, to afford protection to
A. FUNCTIONS labor, to formulate and
implement urban and agrarian
Two (2) functions: reform programs, and to adopt
1. Constituent – constitute the very other measures intended to
bonds of society and are ensure the dignity, welfare and
therefore compulsory. The security of its citizens. It is also
following are the constituent required to establish and
functions: maintain a complete, adequate
1. The keeping of order and fully integrated system of
and providing for the education, to promote scientific
protection of persons research and invention, and to
and property from patronize arts and letters and
violence and robbery; develop Filipino culture for
2. Fixing of legal relations national identity. These
between husband and functions, while traditionally
wife and between regarded as merely ministrant
parents and children; and optional, have been made
3. The regulation of the compulsory by the Constitution.
holding, transmission
and interchange of Articles II and XIII of the Constitution are
property, and the not self-executing provisions. Except:
determination of its 1. Section 15 of Art 2 (right
liabilities for debt or for to health);
crime; 2. Section 16 of Art 2 (right
4. The determination of to a balanced and
contractual rights healthful ecology); and
between individuals; 3. Section 28 of Art 2
5. The definition and (policy of full public
punishment of crimes; disclosure)

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They have been invariably considered as who invade and occupy a

“not sources of enforceable rights” and territory of the enemy in the
serve merely as “guides in formulating course of war, and which is
and interpreting implementing denominated as a government of
legislation.” paramount force.

B. DOCTRINE OF PARENS PATRIAE The Second Republic of the Philippines

was a de facto government of paramount
PARENS PATRIAE- guardian of the force, having been established by the
rights of the people. Japanese belligerent during the
occupation of the Philippines in World
In the case of Government of the War II. The characteristics of this kind of
Philippine Islands v. Monte de Piedad, the de facto government are:
Supreme Court upheld the right of the 1. Its existence is maintained by
government to file the case for the State active military power within the
as parents patriae in representation of territories, and against the
the legitimate claims. rightful authority of an
established and lawful
In Cabanas v. Pilapil, the government government.
acting for the State as parens patriae 2. During its existence, it must
chose the mother of a illegitimate child as necessarily be obeyed in civil
against his uncle to be the trustee of the matters by private citizens
insurance proceeds left him by his father, who, by acts of obedience
who had expressly designated the uncle. rendered in submission to such
force, do not become
The State as parens patriae affords responsible, as wrongdoers,
special protection to children from abuse, for those acts, though not
exploitation and other conditions warranted by the laws of the
prejudicial to their development. rightful government. Actual
governments of this sort are
C. DE JURE AND DE FACTO established over districts
GOVERNMENTS differing greatly in extent and
conditions. They are usually
DE JURE GOVERNMENT- has rightful administered by military
title but no power or control, either authority, supported more or
because this has been withdrawn from it less directly by military force.
or because it has not yet actually entered
into the exercise thereof. D. GOVERNMENT OF THE PHILIPPINES

DE FACTO GOVERNMENT- a GOVERNMENT- defined as the

government of fact, that is, it actually corporate governmental entity through
exercises power or control but without which the functions of government are
legal title. exercised throughout the Philippines,
including, save as the contrary appears
THREE (3) KINDS OF DE FACTO from the context, the various arms
GOVERNMENT through which political authority is made
1. The govt that gets possession effective in the Philippines, whether
and control of, or usurps, by pertaining to the autonomous regions,
force or by the voice of the the provincial, city, municipal or barangay
majority, the rightful legal subdivisions or other form of local
government and maintain itself government.
against the will of the latter.
2. That established as an A government-owned or controlled
independent government by the corporation engaged in proprietary
inhabitants of a country who rise functions cannot be considered as part of
in insurrection against the parent the Government for purposes of
state. exemption from the application of the
3. That which is established and statue of limitations.
maintained by military forces

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A government agency refers to any of the territory are merely suspended, subject to revival
various units of the Government of the under the jus posliminium upon the end of the
Republic of the Philippines, including a: occupation.
1. Department
2. Bureau Jus postliminium- invalidates all illegitimate acts
3. Office that an occupant may have performed on a given
4. Instrumentality of GOCC territory after its recapture by the legitimate
5. A local government or a distinct sovereign.
unit therein.
The rule suspending political laws affects only the
E. ADMINISTRATION civilian inhabitants of the occupied territory and
is not intended to bind the enemies in arms.
Government must be distinguished from Furthermore, the rule does not apply to the law
administration, which is the group of on treason although decidedly political in
persons in whose hands the reins of character.
government are for the time being. The
administration runs the government, as a Where there is a change of sovereignty, the
machinist operates his machine. political laws of the former sovereign are not
Administration is transitional whereas the merely suspended but abrogated.
government is permanent.
Non-political laws continue in operation, for the
4) SOVEREIGNTY- the supreme and uncontrollable reason also that they regulate private relations
power inherent in a State by which that State is only, unless they are changed by the new
governed. sovereign or are contrary to its institutions.

TWO (2) KINDS OF SOVEREIGNTY ACT OF STATE

A. LEGAL- the authority which has the
power to issue final commands An Act of State is an act done by the sovereign power of
B. POLITICAL- power behind the legal a country, or by its, delegate, within the limits of the power
sovereign, or the sum of the influences vested in him. And act of State cannot be questioned or
that operate upon it. made the subject of legal proceedings in a court of law.

The Congress is the legal sovereign, while the With particular reference to Political Law, an act of State is
different sectors that mold public opinion make an act done by the political departments of the
up the political sovereign. government and not subject to judicial review.

Sovereign may also be:

A. INTERNAL- refers to the power of
the State to control its domestic
affairs.
B. EXTERNAL- the power of the State
to direct its relations with other
States, is also known as
independence.

Sovereignty is permanent, exclusive,

comprehensive, absolute, indivisible, inalienable
and imprescriptible. It is not deemed suspended
although acts of sovereignty cannot be exercised
by the legitimate authority.
e.g. sovereignty over the Philippines
remained with the US during the Japanese
occupation of our country although the
Americans could not exercise any control over the
occupied territory at the time. What the
belligerent occupant took over was only the
exercise of acts and sovereignty. There being no
change of sovereignty during a belligerent
occupation, the political laws of the occupied