CONSTITUTIONAL

LAW I

CODAL
NOTES ON FR. BERNAS’ PRIMER ON THE 1987 CONSTITUTION
NOTES ON PROF. NACHURA’S POLITICAL LAW REVIEWER
JURISPRUDENCE BASED ON DEAN CANDELARIA’S SYLLABUS
JURISPRUDENCE BASED ON PROF. JACK JIMENEZ’S SYLLABUS

IT BEGINS WITH FAITH & CONVICTION, PERSEVERES WITH HARD WORK & DISCIPLINE, AND
ENDS WITH AN IMPASSIONED TRIUMPH WITHIN, WHEN WE REALIZE THAT WE CAN DO ANYTHING
[SEE EPH. 3:20]

#EMBRACETHEGRIND
 TABLE OF CONTENTS
GENERAL PRINCIPLES OF CONSTITUTIONAL LAW 5
THE PREAMBLE 10
ARTICLE 1 — THE NATIONAL TERRITORY 11
ARTICLE 2 — DECLARATION OF PRINCIPLES AND STATE POLICIES 14
A. PRINCIPLES 14
B. STATE POLICIES 15

ARTICLE 6 — THE LEGISLATIVE DEPARTMENT 20

OVERVIEW OF THE BRANCHES OF GOVERNMENT 20
WHERE LEGISLATIVE POWER IS VESTED 21
COMPOSITION OF SENATE AND ELECTION OF ITS MEMBERS 25
QUALIFICATIONS OF THE MEMBERS OF SENATE 25
TERMS OF OFFICE OF MEMBERS OF SENATE 26
COMPOSITION OF THE HOUSE OF REPRESENTATIVES AND ELECTION OF ITS MEMBERS 27
THE PARTY-LIST SYSTEM 28
QUALIFICATIONS OF MEMBERS OF THE HOUSE OF REPRESENTATIVES 35
TERM OF MEMBERS OF THE HOUSE OF REPRESENTATIVES 36
DAY OF ELECTION OF MEMBERS OF CONGRESS 37
VACANCIES IN CONGRESS 37
COMPENSATION OF MEMBERS OF CONGRESS 37
PARLIAMENTARY PRIVILEGE 38
CONGRESSIONAL DISCLOSURE OF FINANCIAL AND BUSINESS INTERESTS 39
DISQUALIFICATIONS AND PROHIBITIONS ON MEMBERS OF CONGRESS 39
REGULAR AND SPECIAL SESSIONS OF CONGRESS 40
RULES FOR THE CONDUCT OF BUSINESS IN CONGRESS 41
CONGRESSIONAL ELECTORAL TRIBUNALS 43
COMMISSION ON APPOINTMENTS 46
RECORDS AND BOOKS OF ACCOUNTS OF CONGRESS 47
POWER TO CONDUCT LEGISLATIVE INQUIRY OR HEARINGS 47
POWER OF CONGRESSIONAL OVERSIGHT 50
POWER TO DECLARE A STATE OF WAR AND DELEGATION OF EMERGENCY POWERS 55
ORIGINATION OF CERTAIN LEGISLATIVE BILLS 56
PROCEDURAL REQUIREMENTS ON THE PASSING OF BILLS 57
HOW A BILL BECOMES LAW; PRESIDENTIAL VETO AND POWER OF CONGRESSIONAL OVERRIDE 58
POWER OF APPROPRIATION; EXPENDITURE OF PUBLIC FUNDS 60
POWER OF TAXATION; TAX LIMITATIONS AND EXEMPTIONS 72
OTHER LIMITATIONS ON LEGISLATIVE POWERS 76
OTHER POWERS OF CONGRESS 76
PEOPLE’S INITIATIVE AND REFERENDUM 77

ARTICLE 7 — EXECUTIVE DEPARTMENT 81

EXECUTIVE POWER; THE PRESIDENCY AND VICE-PRESIDENCY 81
QUALIFICATIONS OF THE PRESIDENT AND VICE-PRESIDENT 82
ELECTION AND TERM OF THE PRESIDENT AND VICE-PRESIDENT 82
PRESIDENTIAL ELECTORAL TRIBUNAL 84
COMPENSATION OF THE PRESIDENT AND VICE-PRESIDENT 85
PRESIDENTIAL SUCCESSION 85
INCAPACITY OF THE PRESIDENT 87
SERIOUS ILLNESS OF THE PRESIDENT 88
DISQUALIFICATIONS AND PROHIBITIONS 88
PRESIDENTIAL PRIVILEGES 90
POWER OF APPOINTMENT; APPOINTMENTS BAN 96
POWER OF EXECUTIVE CONTROL; FAITHFUL EXECUTION CLAUSE 103

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POWER AS COMMANDER-IN-CHIEF OF THE ARMED FORCES OF THE PHILIPPINES 106
POWER OF EXECUTIVE CLEMENCY 111
POWER TO ENTER INTO FOREIGN RELATIONS 116
BUDGETARY POWER; OBLIGATION TO PREPARE THE NATIONAL BUDGET 119
INFORMATION POWER; OBLIGATION TO ADDRESS THE CONGRESS 119
OTHER POWERS OF THE PRESIDENT 119

ARTICLE 8 — JUDICIAL DEPARTMENT 121

JUDICIAL POWER AND THE POWER OF JUDICIAL REVIEW 121
POWERS OF THE SUPREME COURT 135
JURISDICTION OF COURTS 140
FISCAL AUTONOMY 140
COMPOSITION OF THE SUPREME COURT 141
QUALIFICATIONS OF MEMBERS OF THE JUDICIARY 141
JUDICIAL AND BAR COUNCIL 142
VACANCIES AND APPOINTMENT OF MEMBERS OF THE JUDICIARY 144
DISQUALIFICATIONS AND PROHIBITIONS ON MEMBERS OF THE JUDICIARY 145
RULES IN THE DISPOSITION OF CASES BY THE SUPREME COURT 146
DISCLOSURE OF OPERATIONS AND ACTIVITIES 149

ARTICLE 9 — CONSTITUTIONAL COMMISSIONS 150

ARTICLE 9(A) — COMMON PROVISIONS 150
THE CONSTITUTIONAL COMMISSIONS 150
DISQUALIFICATIONS AND PROHIBITIONS ON MEMBERS OF THE CONSTITUTIONAL COMMISSIONS 150
FISCAL AUTONOMY OF THE CONSTITUTIONAL COMMISSIONS 151
APPOINTMENT OF OFFICIALS BY THE CONSTITUTIONAL COMMISSIONS 151
RULE-MAKING POWER OF THE CONSTITUTIONAL COMMISSIONS 152
RULES IN THE DISPOSITION OF CASES BY THE CONSTITUTIONAL COMMISSIONS 152

ARTICLE 9(B) — THE CIVIL SERVICE COMMISSION (CSC) 153

COMPOSITION OF THE CSC AND THE QUALIFICATIONS AND APPOINTMENT OF ITS MEMBERS 154
POWERS AND FUNCTIONS OF THE CIVIL SERVICE COMMISSION 154
THE CIVIL SERVICE SYSTEM 156
DISQUALIFICATIONS AND PROHIBITIONS ON ELECTIVE AND APPOINTIVE OFFICIALS IN GENERAL 166

ARTICLE 9(C) — THE COMMISSION ON ELECTIONS (COMELEC) 170

COMPOSITION OF THE COMELEC AND THE QUALIFICATIONS AND APPOINTMENT OF ITS MEMBERS 171
POWERS AND FUNCTIONS OF THE COMMISSION ON ELECTIONS 172
RULES IN THE DISPOSITION OF CASES BY THE COMMISSION ON ELECTIONS 179
RULES PERTINENT TO THE ELECTORAL SYSTEM 179

ARTICLE 9(D) — THE COMMISSION ON AUDIT (COA) 180

COMPOSITION OF THE COA AND THE QUALIFICATIONS AND APPOINTMENT OF ITS MEMBERS 180
POWERS AND FUNCTIONS OF THE COMMISSION ON AUDIT 180

ARTICLE 10 — LOCAL GOVERNMENT 183

A. GENERAL PROVISIONS 183
LOCAL GOVERNMENT UNITS 183
LOCAL AUTONOMY OF THE TERRITORIAL AND POLITICAL SUBDIVISIONS 183
THE NEED FOR A LOCAL GOVERNMENT CODE 184
THE POWER OF GENERAL SUPERVISION 184
POWER OF LOCAL GOVERNMENT UNITS OF TAXATION 185
SHARE OF LOCAL GOVERNMENT UNITS IN THE NATIONAL TAXES 186
SHARE OF LOCAL GOVERNMENT UNITS IN THE PROCEEDS OF THE NATIONAL WEALTH 186
TERM OF OFFICE OF LOCAL GOVERNMENT OFFICIALS 186
SECTORAL REPRESENTATION IN LOCAL LEGISLATIVE BODIES 187
CREATION, DIVISION, MERGER AND ABOLISHMENT OF LOCAL GOVERNMENT UNITS 188

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SPECIAL METROPOLITAN POLITICAL SUBDIVISIONS 188
CLASSES OF CITIES AS LOCAL GOVERNMENT UNITS 189
GROUPING OF LOCAL GOVERNMENT UNITS FOR THEIR COMMON BENEFIT 189
REGIONAL DEVELOPMENT COUNCILS 190

B. AUTONOMOUS REGIONS 190

POWER OF GENERAL SUPERVISION OF AUTONOMOUS REGIONS 190
POWERS AND FUNCTIONS OF THE AUTONOMOUS REGIONS 190

ARTICLE 11 — ACCOUNTABILITY OF PUBLIC OFFICERS 193

PUBLIC OFFICE AS A PUBLIC TRUST 193
GROUNDS FOR IMPEACHMENT 193
PROCEDURE FOR IMPEACHMENT 193
THE SANDIGANBAYAN 195
THE OFFICE OF THE OMBUDSMAN AND THE SPECIAL PROSECUTOR 195
IMPRESCRIPTIBILITY OF ACTIONS TO RECOVER ILL-GOTTEN WEALTH 199
PROHIBITIONS ON FINANCIAL ACCOMMODATIONS TO CERTAIN PUBLIC OFFICERS 199
DUTY OF PUBLIC OFFICERS TO DISCLOSE ASSETS, LIABILITIES AND NET WORTH 200
DUTY OF ALLEGIANCE; CHANGE OF CITIZENSHIP BY PUBLIC OFFICERS 200

ARTICLE 12 — NATIONAL ECONOMY AND PATRIMONY 201

STATEMENT OF GOALS OF THE NATIONAL ECONOMY 201
THE REGALIAN DOCTRINE; CLASSIFICATION OF LANDS 201
ANCESTRAL LANDS OF INDIGENOUS CULTURAL COMMUNITIES 207
THE USE OF PROPERTY HAVING A SOCIAL FUNCTION 207
OWNERSHIP OF PRIVATE LANDS 208
THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY 211
FILIPINIZATION OF CERTAIN BUSINESSES OF NATIONAL INTEREST; PREFERENCE TO QUALIFIED FILIPINOS 211
FILIPINIZATION OF THE OPERATION OF PUBLIC UTILITIES 212
PREFERENCE FOR FILIPINO LABOR, DOMESTIC MATERIALS AND GOODS 214
TRADE POLICY 214
FILIPINIZATION OF PROFESSIONS 214
PROMOTION OF COOPERATIVES 214
CREATION OF CORPORATIONS 214
TEMPORARY TAKE-OVER OF PUBLIC UTILITIES 215
REGULATION OF MONOPOLIES 215
CENTRAL MONETARY AUTHORITY 216
INCURRING OF FOREIGN LOANS 216
CIRCUMVENTION OR VIOLATIONS OF ART. 12 216

ARTICLE 16 — GENERAL PROVISIONS 217

PHILIPPINE FLAG; NAME, ANTHEM, SEAL 217
STATE IMMUNITY FROM SUIT 217
THE ARMED FORCES OF THE PHILIPPINES; PHILIPPINE NATIONAL POLICE 221
CONSUMER PROTECTION 222
POLICY DEVELOPMENT ON MEDIA; PHILIPPINE OWNERSHIP OF MASS MEDIA 222
POLICY DEVELOPMENT ON INDIGENOUS CULTURAL COMMUNITIES 222

ARTICLE 17 — AMENDMENTS OR REVISIONS 223

ARTICLE 18 — TRANSITORY PROVISIONS 225

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GENERAL PRINCIPLES OF CONSTITUTIONAL LAW

POLITICAL LAW
‣ What is Political Law?
‣ It is that branch of public law which deals with the organization ,and operations of the governmental organs of the
State and defines the relations of the State with the inhabitants of its territory. (People v. Perfecto)
‣ What are the branches of Political Law?
1. Constitutional Law — The study of the maintenance of the proper balance between authority as represented by the
three inherent powers of the State and liberty as guaranteed by the Bill of Rights.
2. Administrative Law — That branch of public law which fixes the organization of government, determines the
competence of the administrative authorities who execute the law, and indicates to the individual remedies for the
violation of his rights.

3. Law on Municipal Corporations

4. Law of Public Officers

5. Election Laws

‣ What are the sources of Political Law?

1. 1987, 1973 and 1935 Constitutions

2. Other organic laws made to apply to the Philippines, e.g., Philippine Bill of 1902, Jones Law of 1916, and Tydings-
McDuffie Law of 1934

3. Statutes, executive orders and decrees, and judicial decisions

4. U.S. Constitution.

THE PHILIPPINE CONSTITUTION

‣ What is the Constitution?
‣ It is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. With
particular reference to the Constitution of the Philippines: That written instrument enacted by direct action of the
people by which the fundamental powers of the government are established, limited and defined, and by which those
powers are distributed among the several departments for their safe and useful exercise for the benefit of the body
politic.

‣ The purpose is to prescribe the permanent framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain first principles on which the government is
founded

‣ What are the classes of Constitutions?

1. Written or unwritten — A written constitution is one whose precepts are embodied in one document or set of
documents; while an unwritten constitution consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as statutes of a fundamental character, judicial decisions,
commentaries of publicists, customs and traditions, and certain common law principles

2. Enacted (Conventional) or Evolved (Cumulative) — A conventional constitution is enacted, formally struck off at a
definite time and place following a conscious or deliberate effort taken by a constituent body or ruler; while a
cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by
accretion rather than by any systematic method.
3. Rigid or Flexible — A rigid Constitution is one that can be amended only by a formal and usually difficult process;
while a flexible Constitution is one that can be changed by ordinary legislation

‣ What are the essential parts of a good written Constitution?

‣ NACHURA —

1. Constitution of Liberty — The series of prescriptions setting forth the fundamental civil and political rights of the
citizens and imposing limitations on the powers of government as a means of securing the enjoyment of those
rights, e.g., Art. III.
2. Constitution of Government — The series of provisions outlining the organization of the government,
enumerating its powers, laying down certain rules relative to its administration, and defining the electorate, e.g.,
Arts. VI, VII, VIII and IX.

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3. Constitution of Sovereignty — The provisions pointing out the mode or procedure in accordance with which
formal changes in the fundamental law may be brought about, e.g., Art. XVII.

‣ What are the rules on interpretation and construction of the Constitution?

‣ SEE — Francisco v. House of Representatives, G.R. No. 160261, November 10, 2003 and Civil Liberties Union v.
Executive Secretary, 194 SCRA 317
1. First, verba legis — whenever possible, the words used in the Constitution must be given their ordinary meaning
except where technical terms are employed. As the Constitution is not primarily a lawyer’s document, it being
essential for the rule of law to obtain that it should ever be present in the people’s consciousness, its language as
much as possible should be understood in the sense they have a common use.
2. Second, where there is ambiguity, ratio leqis et anima — The words of the Constitution should be interpreted
in accordance with the intent of the framers. In construing a Constitution should bear in mind the object sought to
be accomplished and the evils sought to be prevented or remedied. A doubtful provision shall be examined in
light of the history of the times and the conditions and circumstances under which the Constitution was framed.

3. Third, ut maais valeat auam pereat — the Constitution has to be interpreted as a whole. Sections bearing on a
particular subject should be considered and interpreted together as to effectuate the whole purpose of the
Constitution and one section is not to be allowed to defeat another, if by any reasonable construction, the two can
be made to stand together.

‣ NACHURA — Other rules on constitutional construction —

1. If the plain meaning of the word is not found to be clear, resort to other aids is available — While it is
permissible to consult the debates and proceedings of the constitutional convention in order to arrive at the
reason and purpose of the resulting Constitution, resort thereto may be had only when other guides fail as said
proceedings are powerless to vary the terms of the Constitution when the meaning is clear. We think it safer to
construe the Constitution from what “appears upon its face”. The proper interpretation, therefore, depends more on
how it was understood by the people adopting it than in the framers’ understanding thereof.
2. In case of doubt, the provisions should be considered —
a. Self executing rather than not
b. Mandatory rather than directory
c. Prospective rather than retroactive.
‣ What are “self-executing provisions”?
‣ A provision which lays down a general principle is usually not self-executing. But a provision which is complete in itself
and becomes operative without the aid of supplementary or enabling legislation, or that which supplies a sufficient rule
by means of which the right it grants may be enjoyed or protected, is self-executing.
‣ Thus, a constitutional provision is self-executing if the nature and extent of the right conferred and the liability
imposed are fixed by the Constitution itself, so that they can be determined by an examination and construction of its
terms, and there is no language indicating that the subject is referred to the legislature for action. (Manila Prince Hotel
v. GSIS)

PHILIPPINE CONSTITUTIONAL HISTORY

1. THE MALOLOS CONSTITUTION
a. The Philippine Revolution of 1896.

b. Proclamation of Philippine independence, at Kawit, Cavite, on June 12, 1898.

c. Revolutionary Congress convened at Barasoain Church, Malolos, Bulacan, on September 15, 1898. Three drafts were
submitted, namely, the drafts of Pedro Paterno, Apolinario Mabini and Felipe Calderon.

d. The Calderon proposal was reported to the Congress on October 8, 1898, and the Congress approved the proposed
Constitution on November 29, 1898.

e. President Emilio Aguinaldo approved the same on December 23, 1898; Congress ratified it on January 20, 1899.

f. Aguinaldo promulgated the Constitution the following day, along with the establishment of the Philippine Republic on
January 21, 1899.

g. This was the first republican constitution in Asia, framed by a revolutionary convention which included 40 lawyers, 16
physicians, 5 pharmacists, 2 engineers and 1 priest. The Constitution recognized that sovereign power was vested in
the people, provided for a parliamentary government, acknowledged separation of powers, and contained a bill of
rights.

2. THE AMERICAN REGIME AND THE ORGANIC ACTS

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a. The Treaty of Paris of December 10, 1898. The treaty of peace entered into between the US and Spain upon the
cessation of the Spanish- American War. It provided, among others, for the cession of the Philippine Islands by Spain
to the US.

b. US President McKinley’s Instructions of April 7, 1900, to transform the military into a civil government as rapidly as
conditions would permit. On September 1, 1900, the authority to exercise that part of the military power of the US
President which is legislative in character was transferred from the military government to the Philippine Commission
(first, the Schurman Commission, then, the Taft Commission)

c. The Spooner Amendment to the Army Appropriation Bill of March 2, 1901 provided that all military, civil and judicial
powers necessary to govern the Philippine Islands shall be exercised in such manner x x x for the establishment of a
civil government and for maintaining and protecting the inhabitants in the free enjoyment of their liberty, property and
religion. On July 1, 1901, the Office of the Civil Governor was created, and the executive authority previously
exercised by the military governor was transferred to the Civil Governor.

d. The Philippine Bill of July 1, 1902 continued the existing civil government, with the co mmitmentfrom the US
Congress to convene and organize in the Philippines a legislative body of their own representatives. On October
16,1907, the Philippine Assembly was convened to sit as the Lower House in a bicameral legislature, with the
Philippine Commission as the Upper House.

e. The Jones Law (Philippine Autonomy Act) of August 29, 1916. It superseded the Spooner Amendment and the
Philippine Bill of 1902. It was the principal organic act of the Philippines until November 15,1935, when the Philippine
Commonwealth was inaugurated (under the 1935 Constitution). It contained a preamble, a bill of rights, provisions
defining the organization and powers of the departments of government, provisions defining the electorate, and
miscellaneous provisions on finance, franchises and salaries of important officials. Executive power was vested in the
Governor General, legislative power in a bicameral legislature composed of the Senate and House of
Representatives, and judicial power in the Supreme Court, the Courts of First Instance and inferior courts.

f. The Tydings-McDuffie Act (Philippine Independence Act) of March 24, 1934 authorized the drafting of a Constitution
for the Philippines, the establishment of a Commonwelath Government and, after ten years, independence.

3. THE 1935 CONSTITUTION

a. Pursuant to the authority granted under the Tydings-McDuffie Law, the Philippine Legislature passed Act No. 4125
(May 26,1934) calling for the election of delegates to the Constitutional Convention.

b. Election of delegates: July 10, 1934; Constitutional Convention inaugural: July 30,1934.

c. Draft Constitution approved by the Constitutional Convention on February 8, 1935; brought to Washington on March
18, 1935, and on March 23, 1935, US President Franklin Delano Roosevelt certified that the draft constitution
conformed substantially with the Tydings-McDuffie Law.

d. The Constitution was ratified in a plebiscite held on May 14, 1935.

e. The Philippine Commonwealth established under the Constitution was inaugurated on November 15, 1935; full
independence was attained with the inauguration of the (Third) Philippine Republic on July 4, 1946. -

f. The Constitution was amended in 1939: Ordinance appended to the Constitution, in accordance with the Tydings-
Kocialkowski Act of August 7, 1939 [Resolution of Congress: September 15, 1939; Plebiscite: October 24, 1939]

g. It was amended again in 1940: Changed President’s and Vice President’s term from six to four years, but no person
shall serve as President for more than 8 years; changed the unicameral to a bicameral legislature; established an
independent Commission on Elections (Resolution: April 11, 1940; Plebiscite: June 18, 1940)

h. Another amendment was adopted in 1947: Parity Amendment, effective July 4, 1949, granting to Americans, for a
period of twenty-five years, the same privileges as Filipinos in the utilization and exploitation of natural resources in
the Philippines (Resolution: September 18, 1946; Plebiscite: March 11, 1947))

4. THE JAPANESE (BELLIGERENT) OCCUPATION

a. With the occupation of Manila, the Commander in Chief of the Japanese Forces proclaimed, on January 2, 1942, the
military administration over the territory occupied by the army, and ordered that “all the laws now in force in the
Commonwealth, as well as executive and judicial institutions shall continue to be effective for the time being as in the
past”, and “all public officials shall remain in their present posts and carry on faithfully their duties as before”.
b. Order No. 1 of the Japanese Commander in Chief, on January 23, 1942, organized the Philippine Executive
Commission.

c. Executive Orders Nos. 1 and 4, dated January 30 and February 6, 1942, respectively, continued the Supreme Court,
the Court of Appeals, the Courts of First Instance and Justices of the Peace Courts, with the same jurisdiction, in
conformity with later instructions given by the Commander in Chief of the Japanese Imperial Army in Order No. 3,
dated February 20, 1942.

d. October 14, 1943, the (Second) Philippine Republic was inaugurated, with Jose P. Laurel as President.

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5. THE 1973 CONSTITUTION
a. Resolution of Both Houses (RBH) No. 1, March 16, 1967, increasing the membership of the House of Representatives
from 120 to 180

b. RBH No. 2, March 16,1967, calling for a Constitutional Convention to revise the 1935 Constitution

c. RBH No. 3, March 16, 1967, allowing members of Congress to sit as delegates in the Constitutional Convention
without forfeiting their seats in Congress

d. RBH 1 and RBH 3 were submitted to the people in a plebiscite simultaneously with local elections in November 1967,
but both were rejected by the people.

e. RBH No. 4, June 17, 1969, amending RBH No. 2, and authorizing that specific apportionment of delegates to the
Constitutional Convention and other details relating to the election of delegates be embodied in an implementing
legislation

f. Republic Act No. 6132: Constitutional Convention Act of 1970.

g. See Imbong v. Comelec, where the constitutionality of the RA 6132 was challenged because it had to do with the
calling of a Constitutional Convention but was not passed by % of all the members of the Senate and the House of
Representatives, voting separately. The Supreme Court upheld the validity of the law, declaring that after Congress
had exercised its constituent power by adopting RBH 2 and RBH 4, with the requisite % vote as required by the 1935
Constitution, it may, by simply exercising legislative power, pass a law providing for the details for the implementation
of the resolutions passed in the exercise of its constituent power.

h. Election of delegates: November 10, 1970; Constitutional Convention was inaugurated on June 1, 1971.

i. Attempt of the Constitutional Convention to submit for ratification one resolution (reducing the voting age from 21 to
18) in a plebiscite to coincide with the 1971 local elections was declared unconstitutional by the Supreme Court in
Tolentino v. Comelec. The Court held that when a Constitutional Convention is called for the purpose of revising the
Constitution, it may not submit for ratification “piecemeal amendments”because the 1935 Constitution speaks of
submission of the proposed amendments in “an election” (in the singular), and also because to allow the submission
would deprive the people of a “proper frame of reference”.
j. Presidential Proclamation No. 1081, on September 21, 1972: Declaration of martial law by President Ferdinand E.
Marcos.

k. Constitutional Convention approved the draft Constitution on November 29, 1972 .

l. On November 30,1972, President Marcos issued a decree setting the plebiscite for the ratification of the new
Constitution on January 15, 1973; on December 17, 1972, issued an order suspending the effects of Presidential
Proclamation 1081 in order to allow free and open debate on the proposed Constitution.

m. Planas v. Comelec, and companion cases (collectively known as the Plebiscite Cases) sought to prohibit the holding
of the plebiscite. The cases were eventually dismissed for being moot and academic when President Marcos issued
Presidential Proclamation 1102, declaring that the Constitution had been ratified and has come into force and effect.

n. On December 23, 1972, President Marcos announced the postponement of the plebiscite, but it was only on January
7, 1973, that General Order No. 20 was issued, directing that the plebiscite scheduled on January 15,1973, be
postponed until further notice, and withdrawing the order of December 17, 1972, suspending the effects of Pres.
Proclamation 1081 which allowed free and open debate on the proposed Constitution.

o. On December 31, 1972, Marcos issued Presidential Decree No. 86, organizing the Citizens Assemblies to be
consulted on certain public issues; and on January 5, 1973, issued Presidential Decree No. 86-A, calling the Citizens
Assemblies to meet on January 10-15, 1973, to vote on certain questions, among them: “Do you approve of the new
Constitution?” and “Do you still want a plebiscite to be called to ratify the new Constitution?”
p. On January 17, 1973, President Marcos issued Presidential Proclamation No. 1102, declaring that the new
Constitution had been ratified by the Citizens Assemblies, and “has thereby come into force and effect”
q. The validity of the ratification of the 1973 Constitution was challenged in Javellana v. Executive Secretary, and
companion cases (collectively known as the Ratification Cases). The basic issues and the votes of the SC justices
were: (1) Whether the validity of Proclamation 1102 is a political or a justiciable question - Six justices said it is
justiciable, three said it is political, and one justice qualified his vote. (2) Whether the new Constitution was validly
ratified (with substantial if not strict compliance) conformably with the 1935 Constitution - Six justices said no, three
said there was substantial compliance, and one qualified his vote. (3) Whether the people had acquiesced in the new
Constitution (with or without valid ratification) - Four justices said the people had already accepted the new
Constitution, two said that there can be no free expression by the people qualified to vote of their acceptance or
repudiation of the proposed Constitution under martial law, one said he is not prepared to state that a new
Constitution once accepted by the people must be accorded recognition independently of valid ratification, and three
expressed their lack of knowledge or competence to rule on the question because under a regime of martial law with
the free expression of opinions restricted, they have no means of knowing, to the point of judicial certainty, whether
the people have accepted the Constitution. (4) Whether the petitioners are entitled to relief - Six justices voted to

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dismiss the petitions, while four were for giving due course to the petitions. (5) Whether the new Constitution is
already in force - Four said yes by virtue of the people’s acceptance of the same, four said they could not with judicial
certainty whether or not the people had accepted the Constitution, and two declared that the new Constitution is not
in force, “with the result that there are not enough votes to declare tha the new Constitution is not in force”. The SC
decision concluded: “Accordingly, by virtue of the majority of six votes x x x. with four dissenting votes x x x all of the
aforementioned cases are hereby dismissed. This being the vote of the majority, there is no further judicial obstacle to
the new Constitution being considered in force and effect. ”
r. The 1973 Constitution was amended in 1976: Package often (10) amendments, proposed by Marcos on September 2,
1976, without specifying the particular provisions being changed. This package contained the infamous Amendment
No. 6. The amendments were ratified in a plebiscite held on October 16, 1976.
s. In Sanidad v. Comelec, where the authority of President Marcos to propose amendments to the Constitution was
challenged, the high tribunal said: “If the President has been legitimately discharging the legislative powers of the
interim (National) Assembly (which was never convened), there is no reason why he cannot validly discharge the
functions of the Assembly to propose amendments to the Constitution, which is but adjunct, though peculiar, to its
gross legislative power x x x (W)ith the interim Natiional Assembly not convened and only the President'and the
Supreme Court in operation, the urge of absolute necessity renders it imperative upon the President to act as agent
for and in behalf of the people to propose amendments to the Constitution.”
t. The Constitution was amended again on January 30, 1980: Restored original retirement age of judges to 70 years of
age
u. Another amendment was adopted on April 7, 1981: Restored the presidential system, while retaining certain features
of the parliamentary system; granted natural-born Filipinos who had been naturalized in a foreign country the right to
own a limited area of residential land in the Philippines
v. Still another amendment was made on January 27,1984: Provided for new rules on presidential succession, replaced
the Executive Committee with a revived Office of the Vice President, and changed the composition of the Batasan
Pambansa
w. Snap presidential election of 1986.
x. February 22-25,1986: EDSA People’s Revolution. The Cory Aquino government was not only a de facto but a de jure
government. (Lawyers League for a Better Philippines v. Corazon Aquino 1986)

6. THE 1987 CONSTITUTION

a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and Vice President Laurel were
assuming power.

b. Executive Order No. 1 (February 28, 1986)

c. Proclamation No. 3, March 25,1986, announced the promulgation of the Provisional [Freedom] Constitution, pending
the drafting and ratification of a new Constitution. It adopted certain provisions of the 1973 Constitution, contained
additional articles on the executive department, on government reorganization, and on existing laws. It also provided
for the calling of a Constitutional Commission to be composed of 30-50 members, to draft a new Constitution.
i. As stated in Proclamation No. 3, the EDSA revolution was “done in defiance of the 1973 Constitution”. The
resulting government was indisputably a revolutionary government bound by no constitution or legal limitations
except treaty obligations that the revolutionary government, as the de jure government in the Philippines,
assumed under international law (Republic v. Sandiganbayan)
ii. During the interregnum, after the actual take-over of power by the revolutionary government (on February 25,
1986) up to March 24, 1986 (immediately before the adoption of the Provisional Constitution), the directives
and orders of the revolutionary government were the supreme law because no constitution limited the extent
and scope of such directives and orders. With the abrogation of the 1973 Constitution by the successful
revolution, there was no municipal law higher than the directives and orders of the revolutionary government.
Thus, during this interregnum, a person could not invoke an exclusionary right under a Bill of Rights because
there was neither a Constitution nor a Bill of Rights. (Republic v. Sandiganbayan)
d. Adoption of the Constitution —

i. Proclamation No. 9, creating the Constitutional Commission of 50 members.

ii. Approval of draft Constitution by the Constitutional Commission on October 15, 1986.

iii. Plebiscite held on February 2, 1987.

iv. Proclamation No. 58, proclaiming the ratification of the Constitution.

e. Effectivity of the 1987 Constitution: February 2, 1987, the date of the plebiscite when the people ratified the
Constitution


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 THE PREAMBLE
THE PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and
establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

‣ What is the function of the Preamble in the Constitution?

‣ BERNAS — The Preamble is not a source of rights or of obligations. Because, however, it sets down the origin, scope,
and purpose of the Constitution, it is useful as an aid in ascertaining the meaning of ambiguous provisions in the body
of the Constitution. It is thus a source of light.

‣ NACHURA — The preamble does not confer rights nor impose duties. It indicates authorship of the Constitution;
enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the
Constitution.

‣ What is the origin, scope and purpose of the Constitution as set out in the Preamble?
‣ BERNAS — Its origin, or authorship, is the will of the "sovereign Filipino people." Its scope and purpose is "to build a
just and humane society and to establish a government that shall embody our ideals and aspirations, promote the
common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality and peace.”

‣ Why does the Constitution now say "Almighty God" instead of "Divine Providence," as the 1935 and 1973
Constitutions did?
‣ BERNAS — The phrase "Almighty God" is more personal and more consonant with personalist Filipino religiosity.

‣ What is the meaning of "common good" and how does it differ from the "general welfare" of the 1935 and 1973
Constitutions?
‣ BERNAS — The phrase "common good" projects the idea of a social order that enables every citizen to attain his or
her fullest development economically, politically, culturally, and spiritually. The phrase "general welfare" was avoided
because it could be interpreted as "the greatest good for the greatest number" even if what the greater number wants
does violence to human dignity, as for instance when the greater majority might want the extermination of those who
are considered inferior.

‣ What is the significance of the specification of "equality?"

‣ BERNAS — It emphasizes that a major problem in Philippine society is the prevalence of gross economic and political
inequalities.

‣ What is the import of "the rule of law?"

‣ BERNAS — This expresses the concept that government officials have only the authority given them by law and
defined by law, and that such authority continues only with the consent of the people. The statement is: "Ours is a rule
of law and not of men."


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 ARTICLE 1 — THE NATIONAL TERRITORY
ARTICLE 1 — THE NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.

BERNAS — It should be remembered that a constitution is municipal law. As such, it binds only the nation promulgating it.
Hence, a definition of national territory in the constitution will bind internationally only if it is supported by proof that can stand
in international law.

THE PHILIPPINES AS A STATE

‣ What is a “State”?
‣ It is 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 body of inhabitants render habitual obedience

‣ NOTE — “State” is a legal or juristic concept, while “nation” is an ethnic or racial concept. “Government” is merely an
instrumentality of the State through which the will of the State is implemented and realized.

‣ What are the elements of a state?

1. People

2. Territory

3. Government

4. Sovereignty

‣ What is the “archipelagic principle”?

‣ The waters around, between and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines. This articulates the archipelagic doctrine of national
territory, based on the principle that an archipelago, which consists of a number of islands separated by bodies of
water, should be treated as one integral unit.

‣ What is the other element of the archipelagic principle?

‣ The Straight baseline method — Imaginary straight lines are drawn joining the outermost points of outermost islands
of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the
drawing of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago.
The waters within the baselines shall be considered internal waters; while the breadth of the territorial sea shall then
be measured from the baselines.

‣ NOTE — Baselines are lines drawn along the low water mark of an island or group of islands which mark the end of
the internal waters and the beginning of the territorial sea. Each country must draw its own baselines according to the
provisions of the Law of the Sea. (See R.A. 9522. This law provides for one baseline around the archipelago and
separate baselines for the "regime of islands" outside the archipelago)

‣ Does the 1982 Convention on the Law of the Sea accept the entirely of the Philippine position on the archipelagic
principle.
‣ BERNAS — Not exactly. The vast areas of water between islands which the Philippines considers internal waters (and
therefore not subject to the right of innocent passage) the 1982 Convention calls "archipelagic waters" subject to the
right of innocent passage through passages designated by the archipelago concerned. The Philippines has not
recognized this distinction because it is contrary to what Article I says about these waters being internal. For this
reason, the Philippines ratified the 1982 Convention on the Law of the Sea with reservations. However, in practical
terms the Philippines has designated sea lanes for foreign vessels.

‣ What is the extent of the Philippine claim to its aerial domain, territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas?
‣ BERNAS — The Philippines lays claim to them to the extent recognized by international law. The definition of these
areas and right of the Philippines over these areas are provided for in customary and conventional international law,
principally the 1982 Convention on the Law of the Sea and the Chicago Convention on International Civil Aviation of
1944.

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 ARTICLE 1 — THE NATIONAL TERRITORY
‣ What is the special claim made by the Philippines with respect to the "waters around, between and connecting
the islands of the archipelago?"
‣ BERNAS — The Philippines claims them as part of its "internal waters" irrespective of their breadth and dimension.
This is one of the elements of the archipelagic principle which is now recognized by the 1982 Convention on the Law
of the Sea

ELEMENTS OF A STATE (EXPOUNDED)

1. PEOPLE
‣ As requisite for Statehood — Adequate number for self-sufficiency and defense; of both sexes for perpetuity.

‣ "People" simply means a community of persons sufficient number and capable of maintaining the continued existence
of the community and held together by a common bond of law. It is of no legal consequence if they possess diverse
racial, cultural, or economic interests.

2. TERRITORY
‣ See Art. 1 of the Constitution, the national territory comprises —

a. The Philippine archipelago — The Philippine archipelago is that body of water studded ,with islands which is
delineated in the Treaty of Paris of December 10,1898, as modified by the Treaty of Washington of November
7,1900 and the Treaty with Great Britain of January 2,1930. These are the same treaties that delineated Philippine
territory in Article I of the 1935 Constitution.
b. All other territories over which the Philippines has sovereignty or jurisdiction — This includes any territory
which presently belongs or might in the future belong to the Philippines through any of the internationally
accepted modes of acquiring territory.
i. Batanes (1935 Constitution)

ii. Those contemplated in the 1973 Constitution belonging to the Philippines by historic right or legal title (such
as — Sabah, the Marianas, Freedomland)

iii. Kalayaan group of islands (PD 1596, June 11, 1978)

‣ Components of these territories— Terrestrial, Fluvial, Maritime and Aerial domains, including the territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions which form part of the internal waters of the
Philippines

3. GOVERNMENT
‣ The agency or instrumentality through which the will of the State is formulated, expressed and realized.

‣ Functions of government —

a. Constituent — which are mandatory for the Government to perform because they constitute the very bonds of
society, such as the maintenance of peace and order, regulation of property and property rights, the
administration of justice, etc

b. Ministrant — those intended to promote the welfare, progress and prosperity of the people, and which are merely
optional for Government to perform.

‣ BERNAS — The principles for determining whether or not a government shall exercise certain of these optional
functions are —

i. That a government should do for the public welfare those things which private capital would not naturally
undertake; and

ii. That a government should do those things which by its very nature it is better equipped to administer for
the public welfare than is any private individual or group of individuals.

‣ BERNAS — The conceptual definitions of constituent and ministrant function are still acceptable. However, the
growing complexities of modern society can necessitate a realignment. (ACCFA v. CUGCO,1969) Among more
recent decisions, housing has been found to be a governmental function since housing is considered an essential
service. (PHHC v. Court of Industrial Relations 1987). But undertaking to supply water for a price, as does the
government corporation National Irrigation Authority, is considered a trade and not a governmental activity.
(Spouses Fontanilla v. Hon. Maliaman 1991)

‣ Classes of government —

a. De jure (government of law) — the legal, legitimate government of a state and is so recognized by other states.
It is is an organized government of a state which has the general support of the people.

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 ARTICLE 1 — THE NATIONAL TERRITORY
b. De facto (government of fact)— It is is a government which actually exercises power or control but without legal
title. It is in actual possession of authority and control of the state. This includes —

i. The government that gets possession and control of, or usurps by force or by the voice of the majority, the
rightful legal government and maintains itself against the will of the latter;

ii. That established as an independent government by the inhabitants of a country who rise in insurrection
against the parent state; and

iii. That which is established and maintained by military forces who invade and occupy a territory of the enemy in
the course of war, and which is denominated as a government of paramount force. (Co Kim Cham v. Valdez
Tan Keh 1945)
‣ NOTE — The government under Cory Aquino and the Freedom Constitution was a de jure government ,
because it was established by authority of the legitimate sovereign, the people. It was a revolutionary
government established in defiance of the 1973 Constitution. (In re Letter of Associate Justice Puno 1992) But
the resulting government was indisputably a revolutionary government bound by no constitution or legal
limitations except treaty obligations that the revolutionary government, as the de jure government in the
Philippines, assumed under international law. During the interregnum from February 25, 1986 to March 24,
1986 before the Freedom Constitution took effect by presidential proclamation, the Bill of Rights under the
1973 Constitution was not operative. However, the protection accorded to individuals under the Covenant on
Civil and Political Rights and the Universal Declaration remained in effect under international law during the
interregnum. (Republic v. Sandiganbayan 2003)

‣ Other classes of government —

a. Presidential vs. Parliamentary government — The principal distinction is that in a presidential government,
there is separation of executive and legislative powers (the first is lodged in the President, while the second is
vested in Congress); while in a parliamentary government, there is fusion of both executive and legislative
powers in Parliament, although the actual exercise of the executive powers is vested in a Prime Minister who
is chosen by, and accountable to, Parliament.

b. Unitary vs. Federal government — A unitary government is a single, centralized government, exercising
powers over both the internal and external affairs of the State; while a federal government consists of
autonomous state (local) government units merged into a single State, with the national government exercising
a limited degree of power over the domestic affairs but generally full direction of the external affairs of the
State.

4. SOVEREIGNTY
‣ The supreme and uncontrollable power inherent in a State by which that State is governed.

‣ Legal sovereignty — is the supreme power to affect legal interests either by legislative, executive or judicial action.
This is lodged in the people but is normally exercised by state agencies. Stated in terms of auto-limitation, sovereignty
"is the properly of a state-force due to which it has the exclusive capacity of legal self-determination and self-
restriction.

‣ Political sovereignty — is the sum total of all the influences in a state, legal and non-legal, which determine the course
of law.

‣ Effects of change in sovereignty — Political laws are abrogated (People v. Perfecto) but municipal laws remain in
force (Vilas v. City of Manila)
‣ Effects of belligerent occupation — No change in sovereignty. (Peralta v. Director of Prisons) But political laws, except
the law on treason, are suspended (Laurel v. Misa) and municipal laws remain in force unless repealed by the
belligerent occupant. At the end of the belligerent occupation, when the occupant is ousted from the territory, the
political laws which had been suspended during the occupation shall automatically become effective again, under the
doctrine of jus postliminium.
‣ Dominium refers to the capacity to own or acquire property, including lands held by the State in its proprietary
capacity; while Imperium is the authority possessed by the State embraced in the concept of sovereignty.


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