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THE CONSTITUTION

1UNIVERSITY OF SANTO TOMAS

F a c u l t a d d e D e r e c h o i v i l

ACADEMICSCHAIR:LESTERJAYALANE.FLORESII

VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA

VICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE

VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

POLITICALLAW

A.THECONSTITUTION

DEFINITION,NATUREANDCONCEPTS

Q:WhatisPoliticalLaw?

A:Itisthatbranchofpubliclawwhichdealswith

the organization and operations of the

governmentalorgansof theStateanddefines its

relations with the inhabitants of the territory.

(Peoplev.Perfecto,G.R.No.L18463,October4,

1922)

Q:Whatisthescopeofpoliticallaw?

A:

1. Politicallaw

2. Constitutionallaw

3. Administrativelaw

4. Lawonmunicipalcorporations

5. Lawonpublicofficers

6. Electionlaws

7. Publicinternationallaw

Q:WhatistheConstitution?

A: The Constitution is the basic and paramount

lawtowhichallother lawsmustconformandto

which all persons, including the highest officials,

mustdefer.(Cruz,ConstitutionalLaw,1998ed.,p.

4)

Q:

How

is

the

Philippine

Constitution

classified?

A: It is classified as written, enacted and rigid.

(Art.XVII,1987Constitution)

Q: When did the Philippine Constitution take

effect?

A: It tookeffectonFebruary2,1987,whichwas

the date of the plebiscite. (De Leon v. Esguerra,

G.R.No.L78059,Aug.31,1987)

Q: How should the Philippine Constitution be

interpreted?

A:

1. Verba legis whenever possible, the

wordsusedintheConstitutionmustbe

given their ordinary meaning except

wheretechnicaltermsareemployed.

2. Ratio legis et anima where there is

ambiguity, the words of the

Constitution should be interpreted in

accordance with the intent of the

framers.

3. Ut magis valeat quam pereat the

Constitution has to be interpreted as a

whole. (Francisco v. HR, G.R. No.

160261,Nov.10,2003)

Q:Incaseofdoubt,howshouldtheConstitution

beconstrued?

A: The provisions should be considered self

executing; mandatory rather than directory; and

prospective rather than retroactive. (Nachura,

ReviewerinPoliticalLaw,2005ed.,p.3)

Q: What is the doctrine of Constitutional

Supremacy?

A: Under this doctrine, if a law or contract

violates any norm of theConstitution,thatlaw

or

contract,

whether

promulgated

by

the

legislativeorby theexecutivebranchorentered

into by private persons for private purposes, is

null and void and without any force and effect.

Thus, since the Constitution is the fundamental,

paramount and supreme law of the nation, it is

deemed written in every statute and contract.

(Manila Prince Hotel v. GSIS, G.R. No. 122156,

Feb.3,1997)

Q:StatethelegaldistinctionsbetweenEDSA1

and2.

A:

EDSA1 EDSA2

Astopowerinvolvedorexercisedbythepeople

Exerciseofthepeople

powerofrevolution

Exerciseofthepeople

poweroffreedomof

speechandofassembly,

topetitionthe

governmentforredressof

grievances

Effectofexerciseofthepowerinvolved

Overthrowsthewhole

government

OnlyaffectedtheOffice

ofthePresident

Judicialreview

Extraconstitutional.

Thelegitimacy

of

the

newgovernment that

resultedfromitcannot

bethesubjectof

judicialreview.

Intraconstitutional.

Theresignation

of

the

sittingPresidentthatit

causedandthesuccession

oftheVPasPresidentare

subjecttojudicialreview.

Natureofquestioninvolved

Presentedapolitical

question.Involveslegalquestions.

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USTGOLDENNOTES2011

2POLITICALLAWTEAM:

ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIE L.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&

HERAZEUSCHRISTINEY.UY;MEMBERS:LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,

CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA

G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.VILLAMOR.

Q: Is the People Power recognized in the

Constitution?

A: People power is recognized in the

Constitution:

1.ArticleIII,Section4guaranteestherightofthe

people

peaceable

to

assemble

and

petition

the

governmentforredressofgrievances;

2.ArticleVI,Section32requiresCongresstopass

alawallowingthepeopletodirectlyproposeor

reject any act or law or part of it passed by

congressoralocallegislativebody;

3.ArticleXIII,Section16providesthattherightof

the people and their organizations to

participate in all levels of social, political, and

economic decisionmaking shall not be

abridged and that the State shall, by law,

facilitate the establishment of adequate

consultationmechanisms;

4.ArticleXVII, Section 2 provides that subject to

the

enactment

of

an

implementing

law,

the

people may directly propose amendments to

theConstitutionthroughinitiative.

PARTS

Q: What are the three parts of a written

Constitution?

A:

1. ConstitutionofSovereigntythisrefers

to the provisions pointing out the

modesorprocedureinaccordancewith

which

formal

changes

in

theConstitution may be made (Art. XVII,

AmendmentsorRevisions)

2. Constitution of Liberty the series of

prescriptions setting forth the

fundamental civil and political rights of

thecitizensandimposinglimitationson

the power of the government as a

means of securing the enjoyment of

thoserights(Art.III,BillofRights)

3. Constitution of Government provides

for a structure and system of

government;

refers

to

the

provisions

outlining the organization of the

government, enumerating its powers,

layingdowncertainrulesrelative to its

administration and defining the

electorate(Art.VI,LegislativeDept,Art.

VII, Exec. Dept,Art. VIII,Judicial Dept,

Art.IX,Consti.Commissions)

AMENDMENTANDREVISION

Q:Distinguishamendmentfromrevision.

A:

AMENDMENT REVISION

Isolatedor

piecemeal

changemerelyby

adding,deleting,or

reducingwithout

alteringthebasic

principleinvolved

Arevamporrewriting

ofthewhole

instrumentalteringthe

substantialentiretyof

theConstitution

Q: How do you determine whether a proposed

changeisanamendmentorarevision?

A:

1. Quantitative test asks whether the

proposed change is so extensive in its

provisions

as

to

change

directly

the

substantialentiretyoftheConstitution

by the deletion or alteration of

numerous existing provisions. One

examinesonlythenumberofprovisions

affected and does not consider the

degreeofthechange.

2. Qualitative test whether the change

will accomplish such far reaching

changes in the nature of our basic

governmental plan as to amount to a

revision. (Lambinov.Comelec,G.R.No.

174153,Oct.25,2006)

Q: How may the Constitution be amended or

revised?

A:

1. Proposal

a. ByCongressuponavoteofofall

its members acting as Constituent

Assembly(ConAss)

Note: While the substance of the

proposals made by each type of

ConAss is not subject to judicial

review, the manner the proposals

are

made

is

subject

to

judicial

review.

SinceConAssowestheirexistenceto

the Constitution, the courts may

determinewhethertheassemblyhas

acted in accordance with the

Constitution.

b. By Constitutional Convention

(ConCon)

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THE CONSTITUTION

Note:CongressmaycallaConCon:

1. Byavoteof2/3ofall

itsmembers;or

2. Byamajorityvoteof

all its members, submit such

questiontotheelectorate.

If

Congress,

acting

as

a

ConAss,

calls

for a ConCon but does not provide

details for the calling of such

ConCon, Congress by exercising its

ordinary legislative power may

supply such details. But in so doing,

the Congress (as legislature) should

not transgress the resolution of

CongressactingasaConAss.

Note: The manner of calling a

ConCon is subject tojudicial review

because the Constitution has

providedforvotingrequirements.







Note:

Choice

of

which

ConAss

or

ConCon

should

initiate amendments and revisions is left to the

discretionofCongress.Inotherwords,itisapolitical

question.

Congress,asaConAssandtheConConhasnopower

to appropriate money for their expenses. Money

maybespentfromthetreasuryonlypursuanttoan

appropriationmadebylaw.

c. By Peoples Initiative upon a

petitionofatleast12%ofthetotal

number of registered voters, of

which every legislative district

must

be

represented

by

3%

of

the

registeredvoterstherein.

Note: The Constitution may be

amended not oftener than every 5

yearsthroughinitiative.

Revisions cannot be done through

Initiative.

2. RatificationAmendmentsorrevisions

totheConstitutionshouldberatifiedby

themajorityinaplebiscitewhichshould

be held not earlier than 60 days nor

laterthan90daysaftertheapprovalof

suchamendment.

Q:WhatistheDoctrineofProperSubmission?

A: Plebiscite may be held on the same day as

regular election (Gonzales v. COMELEC,G.R.No.

L28196,Nov.9,1967), provided the people are

sufficiently informed of the amendments to be

voted upon, to conscientiously deliberate

thereon, to express their will in a genuine

manner. Submission of piecemeal amendments

is unconstitutional. All amendments must be

submitted for ratification at one plebiscite only.

The people have to be given a proper frame of

reference in arriving at their decision. (Tolentino

v.COMELEC,G.R.No.L34150,Oct.16,1971)

a.R.A.6735

INITIATIVEANDREFERENDUMLAW

Q:Whatisinitiative?

A: It is the power of the people to propose

amendments to the Constitution or to propose

andenactlegislation.

Q: What are the three (3) kinds of initiative

underR.A.6735?

A:

1. Initiativeon theConstitutionrefers to

a

petition

proposing

amendments

to

theConstitution

2. Initiative on statutesrefers to a

petitiontoenactanationallegislation

3. Initiative on local legislationrefers to

apetitionproposingtoenactaregional,

provincial, municipal, city, or barangay

law, resolution or ordinance (Section2

[a],R.A.6735)

Note:Section2(b)ofR.A.6735providesfor:

1. Indirect Initiative exercise of initiative by the

peoplethrough

aproposition

sent

to

Congress

orthelocallegislative bodyforaction

2. Direct Initiative the people themselves filed

the petition with the COMELEC and not with

Congress.

Q:WhatistheruleonLocalinitiative?

A:Incaseof:

1. Autonomous regions not less than

2,000registeredvoters

2.

Provinces and Cities not less than

1,000registeredvoters

3.

Municipalities

not

less

than

100

registeredvoters

4. Barangaysnotlessthan50

mayfileapetitionwiththeRegionalAssemblyor

local legislativebody,respectively,proposing the

adoption, enactment, repeal, or amendment, of

any law, ordinance or resolution. (Sec. 13 RA

6735)

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USTGOLDENNOTES2011

4POLITICALLAWTEAM:





Q:WhatarethelimitationsonLocalinitiative?

A:

1. The power of local initiative shall not be

exercisedmorethanonceayear;

2. Initiative shall extend only to subjects or

matters

which

are

within

the

legal

matters

which are within the legal powers of the

locallegislativebodiestoenact;and

3. If any time before the initiative is held, the

local legislative body shalladopt in toto the

propositionpresented,the initiativeshallbe

cancelled. However, those against such

action may if they so desire, apply for

initiative.

Q: Is the initiative to change the Constitution

applicabletorevision?

A: No. An initiative to change the Constitution

applies

only

to

an

amendment.

Revision

broadly

impliesachangethataltersbasicprinciple inthe

Constitution like altering the principle of

separationofpowersorthesystemofchecksand

balance. The initiative of the petitioners is a

revisionandnotmerelyanamendment.(Lambino

vs.COMELEC,G.R.No.174153,25October2006)

Q:Whatisreferendum?

A:Itisthepoweroftheelectoratetoapproveor

reject legislation through an election called for

thatpurpose.

Q:What

are

the

two

(2)

classes

of

referendum?

A:

1. Referendum on Statutes refers to a

petition to approve or reject a law, or

partthereof,passedbyCongress

2. Referendum on Local Law refers to a

petition to approve or reject a law,

resolution or ordinance enacted by

regionalassembliesand local legislative

bodies.

Notes: The following cannot be subject of an

initiativeor

referendum:

1. Petition embracing more than one

subject shall be submitted to the

electorate

2. Statutes involving emergency measures,

the enactment of which is specifically

vested in Congress by the Constitution,

cannotbesubject toreferendumuntil90

days after their effectivity. (Sec. 10 RA

6735)

Q: Compare and differentiate the concepts and

processesofinitiativefromreferendum.

A:

INITIATIVE REFERENDUM

Thepowerofthepeople

toproposeamendments

totheConstitutionorto

propose and enact

legislations through an

election called for the

purpose.

The power of the

legislation through an

election called for the

purpose. (Sec. 3, R.A.

No.6735[1989])

LOCALINITIATIVE LOCALREFERENDUM

The legal process

whereby the registered

voters of a local

government unit may

directly

propose,

enact,

oramendanyordinance

(Sec.120)

The legal process

whereby the registered

voters of the local

government units may

approve,

amend

or

reject any ordinance

enacted by the

Sanggunian(Sec.126)

SELFEXECUTINGANDNONSELFEXECUTING

Q:Whatconstitutionalprovisionsareconsidered

SelfExecutingandNonSelfExecuting?

A: The following provisions of the Constitution

areconsideredasselfexecuting:

1. Provisions in the Bill of Rights on

arrests,

searches

and

seizures,the

rights of a person under custodial

investigation,the rights of an

accused,and the privilege against self

incrimination,

2. Fundamental rights of life, liberty and

theprotectionofproperty,

3. Provisions forbidding the taking or

damaging of property for public use

withoutjustcompensation.

XPN: A constitutional provision is not self

executingwhereitmerelyannouncesapolicyand

its language empowers the Legislature to

prescribethe

means

by

which

the

policy

shall

be

carriedintoeffect:

1. Article II on "Declaration of Principles

andStatePolicies"

2. ArticleXIIIon"SocialJusticeandHuman

Rights,"

3. Article XIV on "Education Science and

Technology, Arts, Culture end

Sports"(Manila Prince Hotel v. GSIS,

G.R.122156,Feb.3,1997)

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GENERAL CONSIDERATIONS

B.GENERALCONSIDERATIONS







NATIONALTERRITORY

Q:WhatisTerritory?

A:Territory

is

the

fixed

portion

of

the

surface

of

theEarthinhabitedbythepeopleoftheState.As

anelementofaState, it isan areaoverwhicha

statehaseffectivecontrol.

Q:WhatcomprisesthePhilippineterritory?

A:

1. The Philippine archipelago that body

of water studded with islands which is

delineated in the Treaty of Paris, as

amended by the Treaty of Washington

andtheTreatywithGreatBritain.

CONSISTSOF INCLUDINGITS

a.Terrestrial

b.Fluvial

c.Aerial

Domains

a. TerritorialSea

b. Seabed

c. Subsoil

d. Insularshelves

e. Other Submarine

areas

2. All other territories over which the

Philippines has sovereignty or

jurisdiction includesanyterritorythat

presentlybelongsormightinthefuture

belongtothePhilippinesthroughanyof

the

accepted

international

modes

ofacquiringterritory.

Q: What are the components of our National

Territory?

A:

1. TerrestrialDomain

2. MaritimeDomain

3. AerialDomain

Note: R.A. 9522 which was approved by President

Arroyo on March 10, 2009 amended certain

provisions of R.A. 3046, as amended by R.A. 5446

and

defined

the

archipelagic

baselines

of

the

Philippines.

ARCHIPELAGICDOCTRINE

Q:WhatisanArchipelagicState?

A:Itisastateconstitutedwhollybyoneormore

archipelagosandmayincludeotherislands.

Q:What is theArchipelagicDoctrineandwhere

isitfoundinthe1987PhilippineConstitution?

A:Itisdefinedasallwaters,aroundbetweenand

connecting different islands belonging to the

PhilippineArchipelago,irrespectiveoftheirwidth

ordimension,arenecessaryappurtenancesof its

land

territory,

forming

an

integral

part

of

the

nationalorinlandwaters,subjecttotheexclusive

sovereigntyofthePhilippines.

It is found inthe2nd

sentenceofArticle1of the

1987Constitution.

Q: What does the Archipelagic Doctrine

emphasize?

A:Itemphasizestheunityofthelandandwaters

by defining an archipelago as group of islands

surrounded by waters or a body of waters

studdedwithislands.

Note: To emphasize unity, an imaginary single

baseline is drawn around the islands by joining

appropriate points of the outermost islands of the

archipelago with straight lines and all islands and

watersenclosedwithinthebaselineformpartof its

territory.

Q: What are the purposes of the Archipelagic

Doctrine?

A: The following are the purposes of the

ArchipelagicDoctrine:

1.

TerritorialIntegrity

2.

NationalSecurity

3.

Economicreasons

Note:Themainpurposeofthearchipelagicdoctrine

is to protect the territorial interests of an

archipelago, that is, to protect the territorial

integrityofthearchipelago.Withoutit,therewould

be pockets of high seas between some of our

islandsandislets,thusforeignvesselswouldbeable

to pass through these pockets of seas and would

have nojurisdiction over them. Accordingly, if we

followtheoldruleofinternationallaw,itispossible

thatbetweenislands,e.g.BoholandSiquijor,dueto

the more than 24 mile distance between the 2

islands,theremaybehighseas.Thus,foreignvesselsmayjustenteranytimeatwill,posingdangertothe

security of the State. However, applying the

doctrine, even these bodies of water within the

baseline, regardless of breadth, form part of the

archipelago and are thus considered as internal

waters.

Q: Is the Spratlys Group of Islands (SGI) part of

thePhilippineArchipelago?

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USTGOLDENNOTES2011

A: No. It is too far to be included within the

archipelagiclinesencirclingtheinternalwatersof

PhilippineArchipelago. However, the SGI is part

of the Philippine territory because it was

discovered by a Filipino seaman in the name of

ViceAdmiral Cloma who later renounced his

claim

over

it

in

favor

of

the

Republic

of

the

Philippines. Subsequently, then Pres. Marcos

issued a Presidential Decree constituting SGI as

partofthePhilippineterritoryandsendingsome

of our armed forces to protect said island and

maintainoursovereigntyoverit.

Q:DoyouconsidertheSpratlysgroupofIslands

aspartofourNationalTerritory?

A: Yes.ArticleIoftheConstitutionprovides:The

national territory comprises the Philippine

archipelago,xxx, and all other territories over

which the Philippines has sovereignty or

jurisdiction,

x

x

x.

The

Spratlys

Group

of

islands

falls under the second phrase and all other

territories over which the Philippines has

sovereignty or jurisdiction. It is part of our

national territory because Philippines exercise

sovereignty (through election of public officials)

overSpratlysGroupofIslands.

6POLITICALLAWTEAM:





DOCTRINEOFSTATEIMMUNITY

Q:WhatistheDoctrineofStateImmunity?

A:Under thisdoctrine, theStatecannotbesued

without

its

consent.

(Sec.

3,

Art.

XVI,

1987Constitution)

Q: What is the basis of the doctrine of State

immunity?

A: Itreflectsnothing lessthanrecognitionof the

sovereign character of the State and an express

affirmation of the unwritten rule effectively

insulating it from thejurisdiction of courts. It is

based on the very essence of sovereignty.

(Department of Agriculture v. NLRC, G.R. No.

104269,November11,1993)

Note:

There

can

be

no

legal

right

against

theauthority which makes the law on which the right

depends (Republic vs. Villasor, GRN L30671,

November 28, 1973). However, it may be sued if it

givesconsent,whetherexpressorimplied.

Q: Does this doctrine apply as well to foreign

government?

A: Yes. This doctrine also applies to foreign

governmentbecauseofthesovereignequalityof

allthestate.Accordingly,immunityisenjoyedby

other States, consonant with the public

international law principle ofpar inparem non

habet imperium. The head of State, who is

deemed

the

personification

of

the

State,

is

inviolable, and thus, enjoys immunity from suit.

(JUSMAG Philippines v. NLRC, G.R. No. 108813,

December15,1994)

Q:CantheStatewaiveitsimmunity?

A:Yes,expresslyorimpliedly.

1. Express consent of the State may be

manifested through general or special

law.

Note: Solicitor General cannot validly

waive

immunity

from

suit.

Only

the

Congress can (Republic v. Purisima, G.R.

No. L36084,Aug.31,1977).

2. ImpliedconsentisgivenwhentheState

itself commences litigation or when it

enters into a contract. There is an

implied consent when the state enters

into a business contract. (US v. Ruiz,

G.R.No.L35645May22,1985)

Note:Thisruleisnotabsolute.

Q: Do all contracts entered into by the

government operate as a waiver of its non

suability?

A: No. Distinction must still be made between

one which is executed in the exercise of its

sovereign function and another which is done in

its proprietary capacity. A State may be said to

havedescended tothe levelofan individualand

can this be deemed to have actually given its

consent to be sued only when it enters into

business contracts. It does not apply where the

contract relates to the exercise of its sovereign

functions. (Department of Agriculture vs. NLRC

G.R.No.104269,November11,1993)

Q:When isasuitconsideredassuitagainsttheState?

A:

1. WhentheRepublicissuedbyname;

2. When the suit is against an

unincorporatedgovernmentagency;

3. When the suit is on its face against a

governmentofficerbutthecaseissuch

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thatultimate liabilitywillbelongnotto

the officer but to the government.

(Republic v. Sandoval,G.R.No. 84607,

Mar.19,1993)

Q: Petitioners sued the Philippine National

Railwaysfordamagesforthedeathoftheirson

who

fell

from

an

overloaded

train

belonging

to

thePNR.Thetrialcourtdismissedthesuitonthe

groundthatthecharterofthePNR,asamended

by P.D No. 741 has made the same a

government instrumentality, and thus immune

fromsuit.Isthedismissalproper?

A:No.Thecorrectruleisthatnotallgovernment

entitieswhethercorporateornoncorporate,are

immune from suits. Immunity from suit is

determined by the character of the objects for

which the entity is organized. When the

governmententersintoacommercialbusiness,it

abandons its sovereign capacity and is to be

treated

like

any

other

corporation.

In

this

case,

the State divested itself of its sovereign capacity

when it organized the PNR which is no different

from its predecessors, the Manila Railroad

Company. (Malang v. PNRC, G.R. No. L49930,

August7,1985)

Q: Distinguish unincorporated government

agency performing governmental function and

one performing proprietary functions according

to the applicability of the Doctrine of State

Immunity.

A:

Unincorporated

GovernmentAgency

Performing

Governmental

Functions







Unincorporated

GovernmentAgency

PerformingProprietary

Functions

Immunity has been

upheld in its favor

because its function is

governmental or

incidental to such

function

Immunity has not been

upheld in its favor

whose function was not

inpursuitofanecessary

function of government

but was essentially a

business. (Air

Transportation Office v.

Spouses David,G.R.No.

159402,

February

23,

2011)

Q: What is the Restrictive Theory of State

ImmunityfromSuit?

A: The Restrictive Theory of State Immunity

means that a State may be said to have

descended to the level of an individual and can

thusbedeemed tohave tacitlygiven itsconsent

to be sued only when it enters into business

contracts. However,therestrictiveapplicationof

State immunity is proper only when the

proceedingsariseoutofcommercialtransactions

oftheforeignsovereign, itscommercialactivities

oreconomicaffairs. Itdoesnotapplywherethe

contract relates to the exercise of its sovereign

functions.(United

States

vs.

Ruiz,

G.R.

No.

L

35645,May22,1985)

Q:Whenisasuitagainstapublicofficialdeemed

tobeasuitagainsttheState?

A: The doctrine of State Immunity from suit

applies tocomplaintsfiledagainstpublicofficials

for acts done in the performance of their duties

withinthescopeoftheirauthority.

GR:Therule isthatthesuitmustberegardedas

one against the state where the satisfaction of

thejudgmentagainstthepublicofficialconcerned

will

require

the

state

to

perform

a

positive

act,

suchasappropriationoftheamountnecessaryto

paythedamagesawardedtotheplaintiff.

XPNs:Theruledoesnotapplywhere:

1. The public official is charged in his

official capacity for acts that are

unlawfuland injurioustotherightsof

others.Publicofficialsarenotexempt,

intheirpersonalcapacity,fromliability

arising from acts committed in bad

faith;or

2. Thepublicofficialisclearlybeingsued

not

in

his

official

capacity

but

in

his

personal capacity, although the acts

complained of may have been

committedwhileheoccupiedapublic

position. (Lansang vs.CA, G.R. No.

102667,February23,2000)

Q: The Northern Luzon Irrigation Authority was

establishedbyalegislativechartertostrengthen

theirrigationsystemsthatsupplywatertofarms

and commercial growers in the area. While the

NLIA is able to generate revenues through its

operations, it receives an annual appropriation

from Congress. The NLIA is authorized to

"exerciseall

the

powers

of

acorporation

under

the Corporation Code." Due to a miscalculation

by some of its employees, there was a massive

irrigationoverflowcausingaflashfloodinBarrio

Zanjera.Achilddrowned inthe incidentandhis

parents now file suit against the NLIA for

damages. May the NLIA validly invoke the

immunityoftheStatefromsuit?
http://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.htmlhttp://cofferette.blogspot.com/2009/01/lansang-vs-ca-gr-no-102667-february-23.html

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USTGOLDENNOTES2011

8POLITICALLAWTEAM:





A:No.Irrigationisaproprietaryfunction.Besides,

the NLIA has ajuridical personality separate and

distinct from the government, a suit against it is

not a suit against the State. (Fontanilla v.

Maliaman,G.R.Nos.55963&61045,February27,

1991)

Since the waiver of the immunity from suit is

without qualification, the waiver includes an

action based on a quasidelict. (Rayo vs. CFI of

Bulacan.G.R.No.L55954.December19,1981)

Q: What are the implications of this phrase

waiverofimmunitybytheStatedoesnotmean

aconcessionofitsliability?

A:Whenthe Stategives its consent to besued,

all it does is to give the other party an

opportunity to show that the State is liable.

Accordingly,thephrasethatwaiverofimmunity

by

the

State

does

not

mean

a

concession

of

liabilitymeansthatbyconsentingtobesued,the

Statedoesnotnecessarilyadmitthatitisliable.

In such a case the State is merely giving the

plaintiffachancetoprovethattheState is liable

but the State retains the right to raise all lawful

defenses.(PhilippineRockIndustries,Inc.v.Board

of Liquidators, G.R. No. 84992, December 15,

1989)

Q:Isthereanydistinctionbetweensuabilityand

liabilityoftheState?

A:Yes.

SUABILITY LIABILITY

Dependsontheconsent

oftheStatetobesued

Depends on the

applicable law and the

establishedfacts

The circumstance that a

State is suable does not

necessarily mean that it

isliable.

The State can never be

held liable if it is not

suable.

Q: How are the liabilities of the following

determined?

A:

1.

Public

officers

their

acts

without

or

in

excessofjurisdiction:anyinjurycausedby

him is his own personal liability and

cannotbeimputedtotheState.

2. Governmentagenciesestablishwhether

or not the State, as principal which may

ultimately be held liable, has given its

consent.

GOVERNMENT

AGENCIES

SUABILITY

a.Incorporatedagencies testofsuability isstated

in their charters. If its

charter says so, it is

suable

b. Unincorporated

governmentagencies

suable if the nature of

their

acts

is

proprietary

innature

c.Juregestionis by right of economic or

business relation = may

besued

d.Jureimperii by right of sovereign

power,intheexerciseof

sovereign functions =

cannotbesued

Note: Letters c and d are also considered as

natureofactsofState.

Acta

Jure

Imperii Acta

Jure

Gestionis

Thereisnowaiver. There is waiver of State

immunityfromsuit.

The State is acting

in its sovereign

governmental

capacity.

The State entered into a

contract in its commercial

orproprietarycapacity.The

State descended to the

levelofaprivateentity.

3. GovernmentdoctrineofState immunity

is available; nonsuability of the State is

availabletotheagencyevenif itisshown

that it isengagednotonly ingovernment

functions but also, as a sideline, or

incidentally,in

proprietary

enterprises.

Q:Inwhatinstancesmayapublicofficerbesued

withouttheStatesconsent?

A:

1. Tocompelhimtodoanactrequiredby

law

2. To restrain him from enforcing an act

claimedtobeunconstitutional

3. To compel payment of damages from

an already appropriated assurance

fund or to refund tax overpayments

from a fund already available for the

purpose

4. To secure ajudgment that the officer

impleaded may satisfy the judgment

himselfwithouttheStatehavingtodoa

positiveacttoassisthim

5. Where the government itself has

violated its own laws because the

doctrine of State immunity cannot be

usedtoperpetrateaninjustice

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Q: Whatisthetruetestindeterminingwhether

asuitagainstapublicofficerisasuitagainstthe

State?

A: Thetestisthat,ifapublicofficeroragencyis

sued and made liable, the State will have to

perform an affirmative act of appropriating the

needed

amount

to

satisfy

thejudgment.

If

the

Statedoesso,then,itisasuitagainsttheState.







Q:Isgarnishmentofgovernmentfundsallowed?

A:

GR: No. Whether the money is deposited by

wayofgeneralorspecialdeposit,theyremain

government funds and are not subject to

garnishment.

XPN: Where a law or ordinance has been

enacted appropriating a specific amount to

pay a valid government obligation, then the

moneycanbegarnished.

Note: Funds belonging to government

corporationswhichcansueandbesuedthatare

depositedwithabankcanbegarnished.(PNBv.

Pabalan,G.R.No.L33112,June15,1978)

If the local legislative authority refuses to

enact a law appropriating the money

judgmentrenderedbythecourt,thewinning

party may file a petition for mandamus to

compelthelegislativeauthoritytoenactalaw

(Municipality of Makati v. CA, G.R. Nos.

8989899,Oct.1,1990)

Q:Can

the

Government

be

made

to

pay

interest

inmoneyjudgmentsagainstit?

A:

GR:No.

XPNs:

1.

Eminentdomain

2. Erroneouscollectionoftaxes

3. Where government agrees to pay

interestpursuanttolaw.

Q:

A property owner filed an action directly in

court against the Republic of the Philippines

seekingpayment

for

aparcel

of

land

which

the

nationalgovernmentutilizedforaroadwidening

project.Canthegovernmentinvokethedoctrine

ofnonsuitabilityofthestate?

A: No. When the government expropriates

property for public use without paying just

compensation,itcannotinvokeitsimmunityfrom

the suit. Otherwise, the right guaranteed in

Section9,ArticleIIIofthe1987Constitutionthat

privatepropertyshallnotbetakenforpublicuse

without just compensation will be rendered

nugatory.(Ministeriovs.CourtofFirstInstance,L

31635,August31,1971)

PRINCIPLESANDPOLICIES

Q:AretheprovisionsinArticleIIselfexecuting?

A: No. By its very title, Article II of the

Constitution is a declaration of principles and

state policies. However, principles in Article II

are not intended to be selfexecuting principles

ready for enforcement through the courts. They

are used by thejudiciary as aids or as guides in

theexerciseofitspowerofjudicialreview,andby

the legislature in its enactment of laws. (Tondo

Medicalv.CA,G.R.No.167324,July17,2007)

Note: As a general rule, these provisions are non

selfexecuting.

But

a

provision

that

is

complete

in

itself,andprovidessufficientrulesfortheexerciseof

rights, is selfexecuting. Thus, certain provisions in

Art. II are selfexecuting, one of which is that

provided in Section 16, Art. II, The State shall

protect and advance the right of the people to a

balanced and healthful ecology in accordwith the

rhythmandharmonyofnature.(Oposav.Factoran,

G.R.No.101083,July,30,1993)

Q:WhatisaRepublicanState?

A: It is a state wherein all government authority

emanates from the people and is exercised by

representativeschosen

by

the

people.

(Dissenting

OpinionofJ.Puno,G.R.No.148334,January21,

2004andBernasPrimer,2006Edition)

Q: What are the manifestations of

Republicanism?

A: The following are the manifestations of

Republicanism:

1. Ours is a government of laws and not of

men.

2.

RuleofMajority(Pluralityinelections)

3.

Accountabilityofpublicofficials

4.

Billof

Rights

5. Legislaturecannotpassirrepealablelaws

6. Separationofpowers

Note: In the view of the new Constitution, the

Philippinesisnotonlyarepresentativeorrepublican

state but also shares some aspects of direct

democracysuchasinitiativeandreferendum.

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USTGOLDENNOTES2011

Q: What do you understand by Constitutional

Authoritarianism?

A: Constitutional authoritarianism as understood

and practiced in the Marcos regime under the

1973 constitution was the assumption of

extraordinary

powers

by

the

President,

including

legislative and judicial and even constituent

powers.

Q: Isconstitutional authoritarianismcompatible

witharepublicanstate?

A. Yes, if the Constitution upon which the

Executive bases his assumption of power is a

legitimate expression of the peoples will and if

the Executive who assumes power received his

office through a valid election by the people.

(BernasPrimer,2006Edition)

Note:

The

essence

of

republicanism

is

representationandrenovation,theselectionbythe

citizenry of a corps of public functionaries who

derive their mandate from the people and act on

their behalf, serving for a limited period only, after

whichtheyarereplacedorretainedattheoptionof

theirprincipal.

Q:WhatistheStatepolicyregardingwar?

A: The State renounces war as an instrument of

nationalpolicy.(Sec.2,Art.II,1987Constitution)

Q:DoesthePhilippinesrenouncedefensivewar?

A.

No,

because

it

is

duty

bound

to

defend

its

citizens. Under the Constitution, the prime duty

of the government is to serve and protect the

people.

Note: The Philippines renounces war as an

instrument of national policy, adopts the generally

accepted principles of international law as part of

the law of the land and adheres to the policy of

peace, equality,justice, freedom, cooperation, and

amity with all nations. (Section 2, Article II, 1987

Constitution)

Q: What are the policies of the State on the

following?

1.

Workingmen

2.

Ecology

3.

Theysymbolsofstatehood

4.

Culturalminorities

5.

ScienceandTechnology

10

A:

1. Section 14,ArticleXIII of the Constitution

provides:"TheStateshallprotectworking

women by providing safe and healthful

working conditions, taking into account

their maternal functions, and such

facilities and opportunities that will

enhancetheirwelfareandenablethemto

realizetheirfullpotentialintheserviceof

the

nation."

2. Section 16, Article II of the Constitution

provides: The State shall protect and

advance therightof thepeopleand their

posterity to a balanced and healthful

ECOLOGY in accord with the rhythm and

harmonyofnature."

3. Section 1,ArticleXVII of the Constitution

provides:"TheFlagofthePhilippinesshall

be red, white, and blue, with a sun and

three stars, as consecrated and honored

bythepeopleandrecognizedbylaw."

Section 2,ArticleXVI of the Constitution

states:TheCongressmaybylaw,adopta

new name for the country, a national

anthem,oranationalseal,whichshallall

be truly reflective and symbolic of the

ideals, history, and traditions of the

people. Such law shall take effect only

upon its ratification by the people in a

nationalreferendum."

4. Section 22,Article II of the Constitution

provides: The State recognizes and

promotestherightsofindigenouscultural

communities

within

the

framework

ofnationalunityanddevelopment."

Section 5, Article XII of the Constitution

reads: The State, subject to the

provisions of this Constitution and

national development policies and

programs, shall protect the rights of

indigenous cultural communities to their

ancestral lands to ensure their economic,

socialandculturalwellbeing.

The Congress may provide for the

applicability of customary laws governing

propertyrights

or

relations

in

determining

theownershipandextentoftheancestral

domains."

Section 6, Art. XIII of the Constitution

provides: The State shall apply the

principles of agrarian reform or

stewardship, whenever applicable in

accordancewith law, inthedispositionor

utilization of other natural resources,

POLITICALLAWTEAM:





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includinglandsofthepublicdomainunder

leaseorconcessionsuitabletoagriculture,

subjecttopriorrights,homesteadrightsof

smallsettlers,andtherightsofindigenous

communitiestotheirancestrallands.

The State may resettle landless farmers

and

farm

workers

in

its

own

agricultural

estateswhichshallbedistributedtothem

inthemannerprovidedbylaw."

Section17,ArticleXIVof theConstitution

states:"TheStateshallrecognize,respect

and protect the rights of indigenous

cultural communities to preserve and

develop their cultures, traditions, and

institutions.Itshallconsidertheserightsin

the formulation of national plans and

policies."

5. Section 17, Article II of the Constitution

provides:

"The

State

shall

give

priority

to

Education, Science and Technology, Arts,

Culture and Sports to foster patriotism

and nationalism, accelerate social

progress, and promote total human

liberationanddevelopment."

Section 14,ArticleXII of the Constitution

readsinpart:"Thesustaineddevelopment

ofareservoirofnationaltalentsconsisting

of Filipino scientists, entrepreneurs,

professionals, managers, highlevel

technical manpower and skilled workers

and craftsmen shall be promoted by the

State.

The

State

shall

encourage

appropriate technology and regulate its

transferforthenationalbenefit.

Subsection2,Section3,ArticleXIVofthe

Constitution states: "They (educational

institutions)shall inculcatepatriotismand

nationalism, foster love of humanity,

respect for human rights, appreciation of

theroleofnationalheroesinthehistorical

development of the country, teach the

rightsanddutiesofcitizenship,strengthen

ethicalandspiritualvalues,developmoral

character and personal discipline,

encourage

critical

and

creative

thinking,

broaden scientific and technological

knowledge, and promote vocational

efficiency."


declares: "Science and Technology are

essential for national development and

progress. The State shall give priority to

research and development, invention,

innovation, and their utilization; and to

science and technology education,

training, services. It shall support

indigenous, appropriate, and selfreliant

scientific and cultural capabilities, and

their application to the country's

productivesystems

and

national

life."


provides: "The Congress may provide for

incentives, including tax deductions, to

encourage private participation in

programs of basic and applied scientific

research. Scholarships, grantsinaid or

other forms of Incentives shall be

provided to deserving science students,

researchers, scientists, investors,

technologists, and specially gifted

citizens."

Section12,

Article

XIV

of

the

Constitution

reads: The State shall regulate the

transfer and promote the adaptation of

technology from all sources for the

nationalbenefit.Itshallencouragewidest

participation of private groups, local

governments, and communitybased

organizations in the generation and

utilizationofscienceandtechnology."

Q: Does the 1987 Constitution provide for a

policy of transparency in matters of public

concern?

A:Yes,

the

1987

Constitution

provides

for

apolicy

oftransparencyinmattersofpublicinterest:

1. Section 28, Article II of the 1987

Constitutionprovides:"Subjecttoreasonable

conditions prescribed by law, the State

adopts and implements a policy of full

disclosure of all its transactions involving

publicinterest,"

2. Section 7,Article III states: "The right of

the people to information on matters of

publicconcernshallberecognized,accessto

official records, and to documents, and

papers

pertaining

to

official

acts,

transactions, or decisions, as well as to

government research data used as basis for

policy development, shall be afforded the

citizen,subjecttosuchlimitationsasmaybe

providedbylaw."

11

3.Section20,ArticleVI reads: "The records

and books of account of the Congress shall

UNIVERSITY OF SANTO TOMAS






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USTGOLDENNOTES2011

be preserved and be open to the public in

accordance with law, and such books shall

be audited by the Commission on Audit

whichshall publishannuallyan itemized list

of amounts paid to and expenses incurred

foreachmember."

4. Section 17, Article XI provides: sworn

statementofassets,liabilitiesandnetworth

of the President, the VicePresident, the

Members of the Cabinet, the Congress, the

Supreme Court, the Constitutional

Commissionandotherconstitutionaloffices,

andofficersofthearmedforceswithgeneral

or flag rank filed upon their assumption of

officeshall be disclosed to the public in the

mannerprovidedbylaw.

5. Section 21, Article XII declares:

"Information on foreign loans obtained or

guaranteed

by

the

government

shall

be

madeavailabletothepublic."

Note: These provisions on public disclosures

are intended to enhance the role of the

citizenry in governmental decisionmaking as

well as in checking abuse in government.

(Valmonte vs. Belmonte, G.R. No. 74930, Feb.

13,1989)

Q:WhatistheDoctrineofIncorporation?

A: It means that the rules of International law

formpartofthelawofthelandandnolegislative

action is required to make them applicable in a

country.Bythisdoctrine,thePhilippinesisboundby generally accepted principles of international

law, which are considered to be automatically

partofourownlaws.(Taadav.Angara,G.R.No.

118295,May2,1997)

Q:WhatistheDoctrineofAutolimitation?

A:ItisthedoctrinewherethePhilippinesadhere

toprinciplesofinternationallawasalimitationto

theexerciseofitssovereignty.

Note: The fact that the international law has been

made part of the law of the land does not by any

means imply the primacy of international law overnational law inthemunicipalsphere. (PhilipMorris,

Inc.v.CA,G.R.No.91332,July16,1993)

Q: What is meant by the principle of Civilian

Supremacy?

12

A:The civilianauthority is, at all times,supreme

overthemilitary.

Q:Howisciviliansupremacyensured?

A:

1. By the installation of the President, the

highestcivilianauthority,asthecommander

inchief of all the armed forces of the

Philippines. (Sec. 18, Art. VII, 1987

Constitution)

2.Throughtherequirementthatmembersof

the AFP swear to uphold and defend the

Constitution, which is the fundamental law

ofcivilgovernment.(Sec.5[1],Art.XVI,1987

Constitution)

Q: Can a person avoid the rendition of military

servicestodefendtheState?

A: No. One cannot avoid compulsory military

service by invoking ones religious convictions or

by saying that he has a sick father and several

brothers

and

sisters

to

support.

Accordingly,

the

duty of government to defend the State cannot

be performed except through an army. To leave

the organization of an army to the will of the

citizens would be to make this duty to the

Government excusable should there be no

sufficient men who volunteer to enlist therein.

The right of the Government to require

compulsory military service is a consequence of

itsdutytodefendtheStateandisreciprocalwith

itsdutytodefendthelife,liberty,andpropertyof

thecitizen.(Peoplev.Zosa,G.R.No.L4589293,

July13,1938).

Q:

What

are

the

provisions

of

the

Constitutionthat support the principle of separation of

ChurchandState?

A:

1. The nonestablishment clause. (Sec. 5 of

Art.III)

2. Sectoral representation in the House of

Representatives. Various sectors may be

represented except the religious sector.

(Par.2,Sec.5ofArt.VI)

3. Religiousgroupsshallnotberegisteredas

political parties. (Par. 5, Sec.2,Art. IXC,

1987Constitution)

Note: Exceptions to the abovementioned rule are

thefollowingprovisons:

1. Churches, parsonages, etc. actually, directly

and exclusively used for religious purposes

shall be exempt from taxation. (Article VI,

Section28[3]);

2. Whenpriest,preacher,ministerordignitaryis

assigned to the armed forces, or any penal

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institution or government orphanage or

leprosarium, public money may be paid to

them(ArticleVI,Section29[2]);

3. Optional religious instruction for public

elementary and high school students (Article

XIV,Section3[3]);

4. Filipinoownership requirementforeducation

institutions, except those established by

religious groups and mission boards (Article

XIV,Section4[2]).

Q:WhatistheStrictSeparationistApproach?

A:Underthisapproach,theestablishmentclause

wasmeanttoprotecttheStatefromthechurch,

and the States hostility towards religion allows

no interaction between the two. (Estrada v.

Escritor,A.M.No.P021651,June22,2006)

Q:WhatistheStrictNeutralityApproach?

A: It is not hostile in religion, but it is strict in

holding that religion may not be used as a basis

for classification for purposes of governmental

action, whether the action confers rights or

privileges or imposes duties or obligations. Only

secular criteria may be the basis of government

action. It does not permit, much less require

accommodation of secular programs to religious

belief. (Estrada v. Escritor,A.M. No. P021651,

June22,2006)

Q:WhatisthetheoryofBenevolentNeutrality?

A: Under this theory the wall of separation is

meant to protect the church from the State. It

believes that with respect to governmental

actions, accommodation of religion may be

allowed, not to promote the governments

favored formof religion, but to allow individuals

and groups to exercise their religion without

hindrance. (Estrada v. Escritor, A.M. No. P02

1651,June22,2006)

Q:WhattheoryisappliedinthePhilippines?







A: In the Philippine context, the Court

categorically

ruled

that,

the

Filipino

people,

inadopting the Constitution, manifested their

adherencetothebenevolentneutralityapproach

thatrequiresaccommodationsininterpretingthe

religion clauses. (Estrada v.Escritor,A.M.No.P

021651,June22,2006)

Q: Whatare the threekindsofaccommodation

thatresultsfromfreeexerciseclaim?

A:Thosewhichare:

1. Found to be constitutionally compelled,

i.e. required by the Free Exercise Clause

(mandatory),

2.

Discretionary or legislative, i.e. not

required by the Free Exercise Clause

(permissive),

3.

Prohibited

by

the

religion

clauses

(prohibited).

Note:Basedontheforegoing,andafterholdingthat

the Philippine Constitution upholds the benevolent

neutralitydoctrinewhichallowsforaccommodation,

the Court laid down the rule that in dealing with

cases involving purely conduct based on religious

belief, it shall adopt the strictcompelling State

interest test because it is most in line with the

benevolentneutralityaccommodation.

Q:WhatisMandatoryAccommodation?

A:

This

is

based

on

the

premise

that

whenreligious conscience conflicts with a government

obligation or prohibition, the government

sometimes may have to give way. This

accommodationoccurswhenallthreeconditions

ofthecompellingStateinteresttestaremet.

Q:WhatisPermissiveAccommodation?

A: It means that the State may, but is not

requiredto,accommodatereligiousinterests.

Q:WhatisProhibitedAccommodation?

A:This

results

when

the

Court

finds

no

basis

for

amandatoryaccommodation,oritdeterminesthat

the legislative accommodation runs afoul of the

establishment or the free exercise clause. In this

case,theCourtfindsthatestablishmentconcerns

prevailoverpotentialaccommodationinterests.

Note:Thepurposeofaccommodationsistoremove

aburdenon,orfacilitatetheexerciseof,apersons

orinstitutionsreligions.

SEPARATIONOFPOWERS

Q:

What

is

the

Doctrine

of

Separation

ofPowers?

A: In essence, separation of powers means the

legislation belongs to Congress, execution to the

executive,settlementoflegalcontroversiestothe

judiciary. Each is therefore prevented from

invadingthedomainoftheothers.

Q:Whatisthepurposeofseparationofpowers?

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USTGOLDENNOTES2011

A: To prevent the concentration of authority in

onepersonorgroupofpersonsthatmightleadto

irreparable error or abuse in its exercise to the

detrimentofrepublican institutions.Thepurpose

was not to avoid friction, but, by means of the

inevitable

friction

incident

to

the

distribution

of

governmental powers among the three

departments,tosavethepeoplefromautocracy.

1. Tosecureaction

2. Toforestalloveraction

3. Topreventdespotism

4. Toobtainefficiency

Q: What are the powers vested in the three

branchesofgovernment?

A:

Executive Legislative

14POLITICALLAWTEAM:





Judiciary

Imple

mentationof

laws

(Powerofthe

sword)

Makingoflaws

(Powerofthe

purse)

Interpretation

oflaws

(Powerof

judicialreview)

Note: Legislative power is given to the Legislature

whosemembersholdofficeforafixedterm(Art.VI,

Sec.1); executive power is given to a separate

Executivewhoholdsofficeforafixedterm(Art.VII,

Sec.1);andjudicialpowerisheldbyanindependent

Judiciary.(Art.VIII,Sec.1)

Q:Agroupoflosinglitigantsinacasedecidedby

theSCfiledacomplaintbeforetheOmbudsman

charging

the

Justices

with

knowingly

and

deliberatelyrenderinganunjustdecisioninutter

violationofthe penal laws of the land.Can the

Ombudsmanvalidlytakecognizanceofthecase?

A: No.Pursuant to theprincipleofseparationof

powers,thecorrectnessofthedecisionsoftheSC

as final arbiter of all justiciable disputes is

conclusive upon all other departments of the

government; the Ombudsman has no power to

review the decisions of the SC by entertaining a

complaint against the Justices of the SC for

knowingly rendering an unjust decision. (In re:

Laureta,G.R.No.L68635,May14,1987)

Q: May the RTC or any court prohibit a

committee of the Senate like the Blue Ribbon

Committee from requiring a person to appear

before it when it is conducting investigation in

aidoflegislation?

A: No, because that would be violative of the

principle of separation of powers. The principle

essentially means that legislation belongs to

Congress, execution to the Executive and

settlementoflegalcontroversiestotheJudiciary.

Each is prevented from invading the domain of

the others. (Senate Blue Ribbon Committee v.

Majaducon,G.R.No.136760,July29,2003)

Q:WhatistheprincipleofBlendingofPowers?

A:Itisaninstancewhenpowersarenotconfined

exclusively within one department but are

assignedtoorsharedbyseveraldepartments.

Examples of the blending of powers are the

following:

1. Power of appointment which can be

exercised by each department and be

rightfully exercised by each department

overitsownadministrativepersonnel;

2.

General

Appropriations

Law

President

prepares the budget which serves as the

basisofthebilladoptedbyCongress;

3. Amnesty granted by the President

requires the concurrence of the majority

ofallthemembersoftheCongress;and

4. COMELEC does not deputize law

enforcement agencies and

instrumentalities of the government for

the purpose of ensuring free, orderly,

honest, peaceful and credible elections

alone (consent of the President is

required)

CHECKSANDBALANCES

Q:WhatistheprincipleofChecksandBalances?

A: It allows one department to resist

encroachmentsuponitsprerogativesortorectify

mistakes or excesses committed by the other

departments.

Q:HowdoestheExecutiveChecktheothertwo

branches?

A:

EXECUTIVECHECK

Legislative Judiciary

Through its

vetopower

1. Through its power of

pardon, it may set aside

the judgment of the

judiciary.

2. Also by power of

appointment power to

appoint members of the

Judiciary.

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Q: How does Legislature check the other two

branches?

A:







LEGISLATIVECHECK

Executive Judiciary

1.

Override

the

veto of the

President

Revoke

or

amend

the

decisionsbyeither:

1.Enactinganewlaw

2. Reject certain

appointments

made by the

president

2. Amending the old law,

giving it certain

definition and

interpretation different

fromtheold

3. Revoke the

proclamation

of martial law

or suspension

of the writ of

habeascorpus

3. Impeachment of SC

members

4. Impeachment 4. Define, prescribe,

apportion jurisdiction of

lowercourts:

a. Prescribe the

qualifications of

lower court

judges

b. Impeachment

c. Determination of

salariesofjudges.

5. Determine the

salaries of the

president or

vicepresident

Q:

How

does

the

Judiciary

check

the

other

two

branches?

A:

JUDICIALCHECK

Executive Legislative

It maydeclare (through theSC

as the final arbiter) the actsof

both the legislature and

executive as unconstitutional

or invalid so long as there is

graveabuseofdiscretion.

Note:Oftentimes,duetotheprincipleofseparation

ofpowers,

the

Supreme

Court

refuses

to

pass

upon

theconstitutionalityofthelawssolongasitcanuse

otherbasisfordecidingthecase.

The legislature cannot, upon passing a law which

violatesaconstitutionalprovision,validateitsoasto

prevent an attack thereon in the courts, by a

declaration that it shall be so construed as not to

violate the constitutional inhibition (Endencia v.

David,G.R.No.L635556Aug.31,1953). The right

and responsibility to investigate and suspend a

public official rests solely in the executive

department; the legislature cannot delegate a

power/dutytotheSCtoinvestigatetheconductand

behaviorofexecutiveofficialsotherwise,itwouldbe

unconstitutional as per violation of the doctrine of

separation of powers. (Noblejas v. Teehankee,G.R.

No.L28790,Apr.29,1968)

Thefirstandsafestcriteriontodeterminewhethera

given power has been validly exercised by a

particular department iswhether or not thepower

has been constitutionally conferred upon the

department claiming itsexercise. However, even in

theabsence ofexpressconferment, the exerciseof

the power may bejustified under the Doctrine of

Necessary Implication the grant of express power

carried with it all other powers that may be

reasonablyinferredfromit.

DELEGATIONOFPOWERS

Q:Can

adelegated

power

be

re

delegated?

A:

GR:No.Delegatedpowerconstitutesnotonly

a right but a duty to be performed by the

delegate through the instrumentality of his

own judgment and not through the

interveningmindofanother.

XPN:Permissibledelegations:PETAL

1.

Delegation to the People through

initiative and referendum. (Sec. 1,Art.

VI,1987Constitution)

2.

Emergency

powers

delegated

by

CongresstothePresident.(Sec.23,Art.

VI)

The conditions for the vesture of

emergencypowersarethefollowing:

a. There must be war or other

nationalemergency

b. The delegation is for a limited

periodonly

c. Delegationissubjecttorestrictions

asCongressmayprescribe

d. Emergency powers must be

exercisedtocarryanationalpolicydeclaredbyCongress

3. CongressmaydelegateTariffpowersto

thePresident.(Sec.28(2),Art.VI)

Note:TheTariffandCustomsCode isthe

enabling law that grants such powers to

thepresident.

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USTGOLDENNOTES2011

The power to impose tariffs in the first

place isnot inherent in the President but

arisesonlyfromcongressionalgrant.Thus,

itistheprerogativeofCongresstoimpose

limitations and restrictions on such

powers which do not normally belong to

theexecutive in the firstplace. (Southern

Cross

Cement

Corporation

v.

Philippine

Cement Manufacturing Corp., G.R. No.

158540,Aug.3,2005)

16POLITICALLAWTEAM:





4. Delegation to Administrative bodies

also known as power of subordinate

legislation.

Note: This refers to the authority vested

by Congress to the administrative bodies

to fill in the details which Congress

cannotprovidedueto lackofopportunity

orcompetence.Such includesthemaking

of supplementary rules and regulations.

Suchhave

the

force

and

effect

of

law.

5. DelegationtoLocalGovernmentsIt is

not regarded as a transfer of general

legislative power, but rather as the

grant of authority to prescribe local

regulations.

Note:Congresscanonlydelegate,usually

to administrative agencies, RuleMaking

Power.

Q:Whatarethetwotestsofvaliddelegation?

A:

1. Completeness Test law must be

complete in all essential terms and

conditions when it leaves the

legislature so that there will be

nothing left for the delegate to do

when it reaches him except to

enforceit.

2. Sufficient Standard Test if law does

notspelloutindetailthelimitsofthe

delegates authority, it may be

sustained if delegation is made

subjecttoasufficientstandard.

Note: SUFFICIENT STANDARD maps

out the boundaries of the delegates

authority and indicating the

circumstances under which it is to be

pursuedandeffected(purpose:prevent

totaltransferenceoflegislative power).

Note: INVALID DELEGATION OF LEGISLATIVE

POWERIf there are gaps that will prevent its

enforcement, delegate is given the opportunity to

step into the shoes of the legislature and exercise

discretioninordertorepairtheomissions.

Q: What is the distinction between the

Presidents authority to declare a state of

national emergency and her authority to

exerciseemergencypowers?

A:ThePresidentsauthorityto:

DeclareaStateof

NationalEmergency

ExerciseEmergency

Powers

Granted by the

Constitution, no

legitimate objection can

beraised.

Requires a delegation

from Congress. (David,

et al. v. Gloria

MacapagalArroyo, et

al., G.R. No. 171396,

May3,2006)

Note: Conferment of

emergency powers on

the President is not

mandatoryon

Congress.

FORMSOFGOVERNMENT

Q: What is the form of government of the

Philippines?

A: The Philippines adheres to the presidential

system.

Q:What istheprincipal identifying featureofa

presidentialformofgovernment?

A:

The

principal

identifying

feature

of

a

presidential form of government is embodied in

theseparationofpowersdoctrine.

Note: In presidential system, the President is both

theheadofStateandtheheadofgovernment.

Q: What are the essential characteristics of a

parliamentaryformofgovernment?

A:

1.Themembersofthegovernmentorcabinet

or the executive arm are, as a rule,

simultaneouslymembersofthelegislature;

2.Thegovernmentorcabinetconsistingofthe

political leadersofthemajoritypartyorofa

coalition who are also members of the

legislature, is in effect a committee of the

legislature;

3.Thegovernmentorcabinethasapyramidal

structure at the apex of which is the Prime

Ministerorhisequivalent;

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4.Thegovernmentorcabinetremainsinpower

only for so long as it enjoys the support of

themajorityofthelegislature;

5. Both government and legislature are

possessedofcontroldeviceswhicheachcan

demand of the other immediate political

responsibility.In

the

hands

of

the

legislature

is the vote of nonconfidence (censure)

wherebygovernmentmaybeousted. In the

hands of the government is the power to

dissolve the legislature and call for new

elections.

Q:WhatarethefunctionsoftheGovernment?

A:

1. Constituent mandatory for the

government to perform because they

constitutetheverybondsofsociety.

2.

Ministrant

intended

to

promote

the

welfare,progressandprosperityof the

people.

Note: Distinction of function is no longer relevant

because the Constitution obligates the State to

promotesocialjusticeandhasrepudiatedthelaissez

faire policy (ACCFA v. Federation of Labor Unions,

G.R. No. L221484, Nov. 29, 1969). However, in

Shipside Incorporated v. CA (G.R. No. 143377,Feb.

20, 2001), the nature of the function of the BCDA

was a factor to determine the locus standi of the

Government.

Q:

Does

the

Bases

Conversion

Development

Authority (BCDA) exercise constituent or

ministrantfunction?

A: While public benefit and public welfare,

particularly, the promotion of the economic and

social development of Central Luzon, may be

attributabletotheoperationoftheBCDA,yetitis

certainthatthefunctionsperformedbytheBCDA

are basically proprietary in nature. Other

corporations have been created by government

to act as its agents for the realization of its

programs,theSSS,GSIS,NAWASAandtheNIA,to

count a few, and yet, the Court has ruled that

these

entities,

although

performing

functions

aimed at promoting public interest and public

welfare, are not governmentfunction

corporations invested with governmental

attributes. It may thus be said that the BCDA is

not a mere agency of the Government but a

corporatebodyperformingproprietaryfunctions.

(Shipside Incorporated v. CA, G.R. No.

143377,Feb.20,2001)

Q:Whataretheclassificationsofgovernmenton

thebasisoflegitimacy?

A:

1.

De jure government. A government

truly and lawfully established by the

ConstitutionofaStatebutwhichhaving

been

in

the

meantime

displaced

is

actuallycutofffrompowerorcontrol.

2.

Defactogovernment.Agovernmentof

fact;one actually exercising powerand

control in the State as opposed to the

trueandlawfulgovernment.

Q:Whatarethekindsofadefactogovernment?

A:

1.

Defactopropergovernmentthatgets

possessionandcontrolof,orusurps,by

force or by the voice of the majority,

the rightful legal government and

maintains

itself

against

the

will

of

the

latter;

2. Government of paramount force

established and maintained by military

forces who invade and occupy a

territoryof the enemy in thecourseof

war;and

3. Independent government established

by the inhabitants of the country who

rise in insurrection against the parent

State.(KopKimChamv.ValdezTanKey,

G.R.No.L 5,Sept.17,1945)

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USTGOLDENNOTES2011

18POLITICALLAWTEAM:





C.LEGISLATIVEDEPARTMENT

Q:Towhatbodyislegislativepowervested?

A:

GR:Congress

XPN: Powers reserved to the people by the

provisiononinitiativeandreferendum.

Q:Whataretheclassesoflegislativepower?

A:ODeCO

1. Original: Possessed by the people in

their sovereign capacity i.e. initiative

andreferendum.

2. Delegated: Possessed by Congress and

other legislativebodiesbyvirtueofthe

Constitution.

3. Constituent: The power to amend or

revisethe

Constitution.

4. Ordinary: The power to pass ordinary

laws.

Q: What are the limitations on the legislative

powerofCongress?

A:

1. Substantive: limitations on the content

oflaws.

2. Procedural: limitations on the manner

ofpassinglaws.

3. Congresscannotpassirrepealablelaws.

4. Congress, as a general rule, cannot

delegateits

legislative

power.

Note:TheCongressofthePhilippinesisabicameral

body composed of a Senate and House of

Representatives, the first being considered as the

upperhouseandthesecondthelowerhouse.

HOUSESOFCONGRESS

Compositions,QualificationsandTermsofOffice

Q: Discuss the composition, qualifications, and

termofofficeofmembersofCongress.

A:

SENATE HoR

Composition

24 Senators (elected

at large by qualified

Filipinovoters)

Not more than 250

members,unlessotherwise

providedbylaw.

Qualifications

1. Naturalborn 1. Naturalborn citizen of

citizenofthePhils.

2.Atleast35yearsof

age on the day of

election.

3. Able to read and

write.

4. Resident of the

Phils.

for

not

less

than 2 years

immediately

preceding the day

ofelection.

thePhils.

2. At least 25 years of age

onthedayofelection.

3.Abletoreadandwrite.

4. Except the partylist

reps, a registered voter

in the district in which

heshall

be

elected.

5. Resident thereof for a

periodofnotlessthan1

year immediately

proceeding the day of

theelection.

Termofoffice

6 years, commencing

at noon on the 30th

day of June next

following their

election.

Termlimit:Onlyupto

2

consecutive

terms.

However, they may

serveformorethan2

terms provided that

the terms are not

consecutive.

3 years, commencing at

noon on the 30th

day of

June next following their

election.

Term limit: No member of

the

HoR

shall

serve

for

more than 3 consecutive

terms.

Q: Discuss the disqualifications of members of

Congress.

A:

Senate HoR

1.NoSenatorshallserve

for more than 2

consecutive terms.

Voluntary

renunciation

of the office for any

length of time shall not

be considered as an

interruption in the

continuity of his service

for the full term for

which he was elected

(Section4,ArticleVI).

1. Shall not serve for

more than three (3)

consecutive terms (Sec.

7,Article

VI).

2. One who has been

declared by competent

authority as insane or

incompetent

2. One who has been

declared by competent

authority as insane or

incompetent

3. One who has been

sentenced by final

judgmentfor:

a.Subversion;

b.Insurrection;

c.Rebellion;

d.Anyoffensefor

whichhehasbeen

sentencedtoa

3. One who has been

sentenced by final

judgmentfor:

a.Subversion;

b.Insurrection;

c.Rebellion;

d.Anyoffensefor

whichhehasbeen

sentencedtoa

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LEGISLATIVE DEPARTMENT

penaltyofnotmore

than18months;or

e. A crime involving

moral turpitude,

unless given plenary

pardonor

granted amnesty.

(Section12,

BP

881)

penaltyofnotmore

than18months;or

e.Acrime

involvingmoral







turpitude,unless

givenplenarypardon

orgranted

amnesty.(Section

12,

BP881)

Note: The term of office prescribed by the

Constitution may not be extended or shortened by

the legislature, but the period during which an

officer actually holds the office (tenure) may be

affected by circumstances within or beyond the

power of said officer. Tenure may be shorter than

the termor it may not existat all.Thesesituations

willnotchangethedurationofthetermofoffice.

Q: How can members of Congress be removed

fromtheirrespectiveoffices?

A:

SENATORS MEMBERSOFTHE

HOUSEOF

REPRESENTATIVES

(HoR)

Expulsion by the Senate

with the concurrence of

2/3 of all its members.

(Sec. 16, par. 3, Article

VI)

Expulsion by the House

is with the concurrence

of 2/3 of all its

members. (Sec. 16,par.

3,Art.VI)

Q: Can Congress or COMELEC impose an

additional qualification for candidates for

senator?

A: No. The Congress cannot validly amend or

otherwise modify these qualification standards,

asitcannotdisregard,evade,orweakentheforce

of a constitutional mandate, or alter or enlarge

the Constitution (Cordora v. COMELEC,G.R.No.

176947, Feb. 19, 2009; Social Justice Society v.

DDB and PDEA, G.R Nos. 157870, 158633,

161658,Nov.3,2008).

Q:Whatistheruleonvoluntaryrenunciationof

officeforanylengthoftime?

A:Itshallnotbeconsideredasaninterruptionin

thecontinuity

of

his

service

for

the

full

term

for

whichhewaselected(Sec.4,ArticleVI).

HouseofRepresentatives(HoR)

Q:WhatisthecompositionofHoR?

A:

DistrictRepresentative Partylist

Representative

1. Elected according

to legislative

district by the

constituents

of

suchdistrict;

2. Must be a resident

of his legislative

district for at least

1year immediately

before the

election;

3. Elected personally,

byname;

4. Does not lose seat

if he/she changes

partyoraffiliation;

5. In case of vacancy,

a special election

may

be

held

provided that the

vacancytakesplace

at least 1 year

before the next

election;

6. A district

representative is

notpreventedfrom

running again as a

district

representative if

he/she lost during

the previous

election;and

7.

A change in

affiliation within

months prior to

election does not

prevent a district

representative

fromrunningunder

hisnewparty.

1. Elected nationally

with partylist

organizations

garnering

at

least

3%ofallvotescast

for the partylist

system entitled to

1 seat, which is

increased

according to

proportional

representation, but

is in no way to

exceed 3 seats per

organization;

2. No special

residency

requirement;

3.

Voted

upon

by

party or

organization. It is

only when a party

is entitled to

representation

that it designates

who will sit as

representative;

4. If he/she changes

party or affiliation,

loses his seat, in

which case he/she

will be substituted

by another

qualified person in

the party

/organization

based on the list

submitted to the

COMELEC;

5. In case of vacancy,

a substitu

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