CHAPTER 1: THE STUDY OF GOVERNMENT AND POLITICS

The Art of Politics and Governance

● Political Science is the art of politics and governance.
○ Social Science that deals with the study of the vacillating spectrums
(uncertain) of politics as it relates to the different situations both inside and
outside the government.
○ Includes different sub-fields like Political Philosophy, Comparative
Government and Politics, Public Administration and International Relations.

Greek Philosopher Aristotle

● Political Science is the study of the state including its forms of government, political
system, political behavior and political ideology.
● All men are bound to politics because men are political animals. This means that man
is designed to be with other men inside a community or society and that makes
politics inescapable.

The Different Fields in Political Science

[Link] Philosophy - study of concepts such as politics, government, liberty and justice.
● Most basic of all Political Science subjects, where most of the other subjects in the
field of Political Science merely originated from. Sub-branch of Philosophy.
● Comprehends the most difficult and abstract questions such as but not limited to what
is the best form of Government Or what should be the best formula for good policy
making
2. Comparative Government and Politics - different forms of government found in
different countries around the world with their concomitant advantages and disadvantages.
3. Public Administration - study of the bureaucracy behind the government and the proper
way to administer the needs of the general public.
4. International Relations - study of the diplomatic relations and practices among the states
in the worldview setting and how power is being balanced on the international level. Includes
International Diplomacy and Public International Law.

The Social Sciences Related to Political Science

1. Philosophy - it is the starting point of all endeavors. Pursuit for the truth. Political Science
together with the other social sciences owes their existence to Philosophy.
2. Sociology - study of society and its institutions. The study of politics and governance is
intertwined with the study of the society for how can someone study politics without studying
the society itself where the game of politics is being played.
3. Anthropology - scientific study of humanity. Its focal point is the human himself. Political
science deals with the different structures in the government created by humans of course.
4. History - study of past events as it relates to the present and future. Political Science will
never be effective as it should be without scrutinizing and learning from past events.
5. Psychology - study of human psyche or study of human behavior. It is helpful in
determining the different patterns of behavior in the political activities of man..
6. Economics - study of how individuals, firms and states can effectively allocate finite
resources in order to satisfy infinite human needs and wants. The government cannot
perpetuate itself without understanding the right flow of affluence in order to satisfy the
needs of the people.

The Significance of Political Science

1. To arouse the social consciousness/awareness of the students - help improve the
appreciation of the students of the different social and political phenomenon that strikes both
local and international affairs.
2. To develop the concept of civilian responsibility - students will be acquainted with some
of their duties and responsibilities with the study of the government and the constitution.
3. To be aware of the structures of the government - students be aware of how the
government operates and fulfills the will of the people.

4. To be informed of the basic constitutional rights - people must know their rights so that
they can invoke them when they are threatened by the arbitrary flexing of government power
5. To be a part of the legacy of democracy - As a Filipino, students should be able to
identify themselves with the entire Filipino community as a people of freedom, justice and
dignity.

CHAPTER II: THE STATE

Definition of a State
● Politically organized sovereign community independent of outside control bound by
penalties of nationhood, legally supreme within its territory, acting through a
government functioning under a regime of law.
● Justice Isagani Cruz - a group of people living together in a definite territory under
an independent government organized for political ends and capable of entering into
international relations.

State
● Has a technical meaning. Legal or juridical concept. Have the four elements of state.
● To be considered as a state needs the presence of the four elements. Absence of even
one of these elements there is no state.

Nation
● No legal definition. Merely an ethnical or a cultural term.
● People belonging to the same race and are embraced with a common cultural heritage.
 ● People having the same ethnical heritage also have common aspirations and cultural
goals
● Ex. Palestinians have people, sovereignty, and government but it do not possess a
territory which they can consider as their own.

Government
● An agency through which the State acts
● State only exists by fiction of law and needs a physical agent that can put the
aspirations of the state into actual realization.
● Always the same

Administration
● People that are running the government.
● Change from time to time

The Four Elements of the State

1. People
● Group of human beings that live in the territory of the state and they must be capable
of self-perpetuation.
● It does not matter whether they belong to different nations or races. What matters is
that they live inside the state and must be capable of propagating themselves to ensure
the continuous existence of the state.
● Ex. a community of people that are all males cannot be considered as people because
they are not capable of self-perpetuation. In this sense, the continuity of the state is
not ensured.
2. Territory
● Definite portion of the Earth where its people resides and must be capable of
sustaining the survival of its inhabitants for how can the people continue to live in a
territory which cannot satisfy the needs of its inhabitants.
● There is a need for the people to stay permanently on a particular surface of the Earth
for it to constitute a territory as Justice Isagani Cruz observed that nomadic tribes and
the so-called moving states do not possess this element.
3. Government
● Agency through which the will of the state is formulated, expressed and realized.
● Institution inside the state that is composed of the body or entity that provides for the
policies that governs the entirety of state affairs and thus by doing so acts as the agent
through which the state acts.
● For determining the legitimate government, no form is required. It does not matter
what form of government the state has for as long as it is recognized by the
international community and functions as an organized institution that administers the
needs of the state.
 ● The government also serves as the representative of the state when it comes to
international diplomacy and acts as the entity that embodies the will of the people.

Functions of the Government:

1. It serves as the agent of the state - the state merely exists in legal contemplation which
cannot act on its own. That is why the state needs the government to act on its behalf.
2. It is the body that provides for rules and policies through which the affairs of the
state are governed - the government is the authority that issues rules, policies, proclamations
and orders that set the standards for the people to obey and hence, creating a social order
3. It embodies the will of the people - the government was designed to epitomize the
general will of the people. Today, the voices and aspirations of the people are realized
through the actions of the government.
4. It represents the state in diplomatic intercourse - the government represents the state
internationally that binds the entire state in its dealings with the international community.

Government Two Traditional Functions

1. Constituent functions - mandatory functions of the government. These functions
need to be performed because they constitute the very fabric of society such as the
maintenance of peace and order, regulation of property and property rights and the
administration of justice.
2. Ministrant functions - intended to promote the welfare, progress and prosperity of
the people. Merely optional for the government to perform.

Doctrine of Parens Patriae

● Guardian of the people. State acting through its government serves as the protector or
guardian of the rights of the people who suffer from deprivation of rights.
● The state is obligated to stand for its people and protect their rights if they are being
unlawfully threatened.

The Different Kinds/Forms of Government

As to the number of Rulers
1. Monarchy - has a single ruler that has been referred to as the monarch who can be a king,
queen, emperor or empress.
● Absolute Monarchy - almost if not all the powers of the government rest in a single
ruler. The monarch holds the absolute power to govern and exercises both executive
and legislative power. If the king does not delegate the power to adjudicate, he
exercises it himself.
● Limited Monarchy/Constitutional Monarchy - limits the powers of the monarch.
Have a constitution that serves as the parameters that will delineate the powers of the
monarch.
2. Aristocracy - power to govern rests on the few called aristocrats. Aristocrats are the
selected few who conduct the affairs of the government and belong to a single ruling family.
3. Democracy - rule of the people. Has a government that is ruled by the many.
● Direct or Pure Democracy - people involve themselves in policy making for the
entire state. People directly govern themselves.
● Indirect Democracy/Republican or Representative Government - people elect
their representatives known as politicians to represent them in policy making and
governance. The people in this setting govern the state in an indirect manner.

As to the Relationship of the Executive and Legislative

1. Presidential Form of Government
● Executive - President serves as both the ceremonial head of state and the head of the
government. The president is voted by the people in a general election.
● Legislative - Congress serves as the law making body
● Relationship of Executive and Legislative
○ Principle of Separation of Powers - The powers of the executive and
legislative are distinct from each other and cannot interfere with the affairs of
each other.
1. Parliamentary Form of Government
● Executive
○ Monarch/President - serves as the ceremonial head of state. Can be voted by
the people or become a monarch through succession.
○ Prime Minister - the actual head of the government. Voted by the Parliament
● Legislative - Parliament serves as the law-making body
● Relationship of Executive and Legislative
○ Principle of Fusion of Powers - The powers of the executive and legislative
are fused together because they commingle with each other.

As to the Degree of Control of the National Government over Local Affairs

1. Federal Government - has a national government that has minimal control over local
affairs. The local affairs are controlled by their respective local government units.
2. Unitary Government - the national government has considerable control over the
affairs of local government units.

Recognition of the State and its Government

● The state to become a part of the international community must be recognized by it.
● Before it can enter into diplomatic intercourse with other international entities it must
be recognized first. Once the state emerges and the elements or attributes of a state are
already present, it is bound to be recognized.
Two Classifications of Governments according to its Recognition.
1. De Jure Government - legal government and is relatively permanent and brings full
diplomatic intercourse. Before a government can be considered as de jure, it must first
have an effective control over the administrative machinery of the state and the state
must also be willing to comply with its commitments to the international community.
2. De Facto Government - a government in fact. It may not be a legal government but it
is the existing government at least for the time being.

Three Kinds of De Facto Government (Case of Co Kim Chan vs. Valdez Tan Khe)
1. The government established by the inhabitant of the state itself who organized the
revolt and ousted the legitimate government.
2. The government established by invading force through the course of a war.
3. The government established by inhabitants of a state who rose into insurrection
without overthrowing the government.

Sovereignty
● Independence or freedom from outside control in the conduct of the domestic and
foreign affairs of the state. It is the ultimate power of the state to govern itself. No
other entity can direct the affairs of a state except the state itself.
● The only limitation to sovereignty is the sovereignty of other states. All states possess
sovereignty but only limited to the domestic sphere of the state. It cannot transcend
into the realm of another state.

Kinds of Sovereignty
1. Legal sovereignty - power to issue final commands and enact laws and policies that
will govern the entire state.
a. Power to enact binding rules called laws or legislation.
b. Law-making body exercise this power
2. Political Sovereignty – all influences in the state that are not considered as laws but
at certain points as powerful as an enacted law. (ex. Different sectors that influence
the public opinion.)
3. Internal Sovereignty – power of the state to dictate or control its affairs in domestic
level
4. External Sovereignty – power of the state to direct its relation with the entire
international community. Only the state itself can direct its transaction with
diplomatic intercourse.

● Imperium – power of the state to govern its subject and everything in its territory
● Dominium – capacity of the state to own/acquire property may it be real or personal

Characteristics of Sovereignty
● Permanent – perpetual and always existing (never ending or changing)
 ● Exclusive – no other sovereign entity in the state, there is only but one sovereign
power in the state
● Comprehensive – encompasses (namamahala) all aspects of activities inside the state
except when state waive its prerogative to control it
● Absolute – supreme and uncontrollable power to govern all kinds of activities within
the boundaries of the state
● Indivisible – sovereignty implies the common will of the people that binds the entire
state. There is only one will of the people.
● Inalienable – the state cannot transfer its sovereignty without it being destroyed.
Alienate sovereignty is commensurate to the death of the state.
● Imprescriptible – state is incapable of prescription which means it cannot lose a right
through prescription.

Effects of Foreign Invasion to Sovereignty

● Belligerent (forceful) occupation will not result in a change of sovereignty. Even if the
state is occupied by another sovereign the original sovereign occupant still has
sovereignty over the occupied territory.
● Even though there’s no change of sovereignty, all political laws are automatically
abrogated unless expressly re-enacted by the new sovereign.
● Municipal laws remain to be effective unless revoked by the invading foreign power.
● After the belligerent occupation political laws will be automatically reinstated

State Immunity from Suit

● State cannot be sued without its consent. Means that all suits against the state will not
prosper unless the state itself consented to it.
● Even if the state is sued it does not mean that the state is liable.
● Suability - pwedeng kasuhan

Doctrine of State Immunity from Suit or Royal Prerogative of Dishonesty

● Basis of this doctrine is that there can be no legal right against the one that confirmed
the existence of such right.
● Consent to a suit may be given by the state in two ways
○ Express Consent - can be given only by a legislative act of the Congress
through a special or general law.
○ Implied Consent - state itself commences litigation or when the state enters
into a business contract.
Case of Incorporated Government Agencies
● If the charter provides that the agency can be sued then it can be sued.
● Inquire into the principal functions of the agency.
● If the agency is performing governmental functions then the state is immune from suit
but if it is performing proprietary functions then it is not immune from suit.
Case of Public Officials
If the public officials committed an offence against any private individual and his actions are
within the scope of his authority then he is immune from suits.

Regalian Doctrine / Jura Regalia Doctrine

Article 12 Section 2 of the 1987
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State.
● All natural resources under the Jura Regalia Doctrine are owned by the state and
cannot be subject to private ownership except the agricultural lands.
● Government cannot alienate or sell such properties of the state.
● All minerals and other natural resources found in private property are still owned by
the state.
● All lands appearing not to be owned by any private entity are presumed owned by the
state which means that there is no property in the state that is not owned by anyone.
● To prove that a land is alienable and disposable the applicant must show
incontrovertible evidence.
○ Incontrovertible evidence - introduced to prove a fact in a trial where no
other truth as to the matter

CHAPTER III: CONCEPT OF THE CONSTITUTION

Definition of a Constitution
● Basic and paramount law to which all other laws must conform and all persons,
including the highest officials of the land must defer.
● Fundamental law of the land composed of rules and principles that will design the
framework of the government and define the relationship between the state and people
● Serves as the foundation of almost all the legal institutions inside the state and
outlines the criteria for legislation.
● Define the skeletal system not only of the government but also the legal system of the
state.
● Constitution came from the constituents which are the Filipinos
● Mandate of the entire Filipino nation and the embodiment of entire Filipino nation
● Primary source of social order in the Philippines
● Without the constitution there will be nothing that will safeguard the rule of law and
the balancing of different sectorial interests.
● Safeguards the rights of the people both natural and constitutional against arbitrary
intrusion of the state. Guardian’s of people welfare which is a feature of democratic
and republican regime.
● Unalterable except by the authority it emanates (come from)
Doctrine Of Constitutional Supremacy - if a law or contract violates any norm of the
constitution whether promulgated by the legislative or by the executive branch or entered into
by private persons for private purposes is null and void and without any force or effect.

Statues
● The laws that are passed or enacted by the congress, the legislation.
● Can easily change, alter and modify by the congress.
● Can be enacted anytime of the day.

Constitution
● Mandate of the Filipino people, much higher stature than statutes
● Cannot be easily amended or revised and enacted by the congress without following
strict rules prescribed by article 17 of the constitution and without ratification (giving
formal consent) coming from the people

Self-executing Provision
● Provision which is complete in itself and becomes operative without the aid of
supplementary or enabling legislation.
● Nature and extent of the right conferred (grant) and the liability imposed are fixed by
the constitution.

Non Self-executing Provision

● General principles found in the constitution need supplementary provisions for it to
have an effect.

● Not all provisions are non-self-executing because there are provisions that are specific
enough to be regarded as self-executing.
● Some constitutions are merely declarations of policies and principles. Purpose is to
establish an outline of the government for different department and secure
fundamental and inalienable rights of citizens.
● Article II of the 1987 Constitution - an example of general principle
● General principle are usually not self-executing but if it is complete in itself and
becomes operative without enabling legislation or supplying sufficient rules wherein
the right it grants may be enjoyed or protected is considered self-executing.
● Unless it is expressly provided that a legislature needs to enforce constitutional
mandate it is presumed as self-executing.
● In case of doubt it is presumed that the constitutional provision is self-executing
unless contrary is shown.

Classification of a Constitution
As to its Form:
1. Written- a constitution that is codified into a single document or particular document.
 2. Unwritten- scattered into several documents, no single concrete document that
embodies its principles

As to its Manner of Creation:

1. Enacted or Conventional - created through systematic and strict method and mostly
deliberate. It was created on a particular time and place.
2. Evolved or Cumulative – arises from a political and legal evolution and not from a
deliberate intent to frame a constitution. There is no specific and detailed time or
place on which the constitution was created.

As to its Manner of Amendment

1. Rigid or Inflexible – amended only through rigorous and strict process. This kind of
constitution is difficult to change.
2. Elastic or Flexible – this kind of constitution can be amended merely through a
congressional change. This kind of constitution is easy to change.

The Philippine Constitution can be classified as written, enacted and rigid.

Characteristics of a good written Constitution:

1. Broad – it must be comprehensive enough to encompass all the needed skeletal
framework of the society.
2. Brief – must not include any unnecessary words, phrases or even statements to avoid
confusion as to its meaning and application.
3. Definite – must be clear and concise to avoid ambiguities and vagueness. A sound
constitution must be simple and yet definite as to its wordings.

Vital Parts of a Sound Written Constitution:

1. Constitution of Liberty – found in Articles III, II, VI, V and XII. The provisions of
the constitution of liberty concerning the civil and political rights of the citizens of the
state.
2. Constitution of Government
a. Outlines the basic structure of the government.
b. Provides for the manner of election and selection of government officials
across the edifice of the national government.
c. It includes the powers and functions of government with their commensurate
limitations. Can be found in Articles VI, VII, VIII, IX, X, XI of the 1987
Philippine Constitution.
3. Constitution of Sovereignty – Outlines the strict rules that need to be satisfied in
order for a change in the constitution to be allowed. It contains provisions that involve
the people in the ratification of the constitution. Article XVII embraces the provisions
for this.
The Constitution and the Courts of Justice
● The judiciary branch apply and interpret all the laws of the land
● Executive and legislative branches are political offices which means they are elected
by the people. These people are politically motivated and can be biased in performing
their duties. It's the courts that settle the issue and right the wrong done by the
officers.

Requisites of a Judicial Inquiry

● Courts cannot simply assert themselves and solve particular constitutional questions
or controversy.
● Courts are passive instruments that can only act when their jurisdiction is invoked.
Courts cannot automatically acquire jurisdiction over a case to immediately decide.
Jurisdiction of the court must first be invoked by the parties.
○ There must be an actual case.
■ Actual Case or Controversy - involves conflict or legal rights, an
assertion of opposite legal claims susceptible of adjudication.
○ The question of constitutionality must be raised by the proper party.
■ Proper Party - one who has sustained an injury or in immediate
danger of sustaining an injury both as a result of violation of one’s
legal right. It also includes the government, citizen taxpayer, and
minors represented by their parents.
○ The constitutional question must be raised at the earliest possible time.
■ Must be raised in pleadings otherwise it cannot be considered during
the trial.
○ The decision of the constitutional question must be necessary to the
determination of the case itself.
■ The court will not immediately touch the query on the constitutionality
of a law or executive order if there are other grounds to rely on due to
the separation of power.

Interpretation of the Constitution

● Interpretation is only possible if the letters of the constitution are unclear, vague, and
ambiguous.
● If there really exists an ambiguity then the intention of the framers of the constitution
must be followed. Court must search the real intention of the framers to give effect to
its true intendment.
● It should be interpreted in light of being adaptive to the changes of time for it to
remain efficient as the protector of the people’s rights.
● In case of doubt, the constitution should be considered self-executing rather than non-
self-executing; mandatory rather than directory; prospective rather than retrospective.
Effects of Declaration of Unconstitutionality
1. Orthodox View - unconstitutional statute is not statute at all. It does not possess the
binding force of law. It gives no right and it cannot impose any sanction or obligation.
Deemed as the law never existed.
2. Modern View - does not require the courts to invalidate an unconstitutional statute.
The court merely refuses to recognize the statute itself.

● Civil code provision cannot be simply given effect all the time because the existence
of a statute prior to its declaration of unconstitutionality was an operative fact (nakita
lang yung mali nung naimpose na)
● Partial Unconstitutionality - only the provisions that are approved to be
unconstitutional by the court are deemed to be unconstitutional, the remaining
provision will remain to be enforced.

Brief History of the Philippine Constitution

Philippine Constitutional Tradition - product of many decades of changes both in political
and social spectrum. Affected and influenced by the rich cultural heritage of our past.

The Malolos Constitution

● Philippine Revolution of 1896 - height of Philippine nationalism. Seeds of
nationalism were planted on the Filipinos during the long years of the Spanish regime
that reached its peak in the death of three priests.
● After the war against Spain - General Aguinaldo proclaimed our Philippine
Independence at Kawit, Cavite on June 12, 1898 due to the fear that Americans will
soon start their real agenda.
● After the proclamation - Revolutionary congress was convened at Barasoain church
on September 15, 1898 and started drafting the celebrated Malolos Constitution.
○ Three drafts of Malolos Constitution were submitted by Apolinario Mabini,
Felipe Calderon, Pedro Paterno.
○ Felipe Calderon’s version was chosen and was reported to the revolutionary
congress on October 8, 1898 and approved in November in the same year.
Ratified by the congress on January 20, 1899 and promulgated on the
following date.
● Malolos Constitution - first of its kind in Asia as the first democratic constitution
that breathed life into the first republican government.
○ The Constitution was framed in the spirit of democracy and republicanism. It
recognized that the will of the people is the origin of sovereign powers.
○ It provided a parliamentary (presidential) form of government that is based on
the principles of separation of powers and checks and balances among the
great branches of the government.
○ Values individual rights and opposed dictatorial propensities of the state.
○ Came to an end when the Americans revealed their imperialistic intentions.
The 1935 Constitution
● Treaty of Paris - Americans buy the Philippines Islands from the Spaniards on
December 10, 1898.
● Spooner Amendment - delineates (describe) the powers of the American
Government in governing the Philippines.
● Philippine Bill of 1902 - gave the Filipino people to have their own legislative
representatives
● Jones Law - superseded (set aside) the Spooner Amendment
● Tydings-Mcduffie law - gave the Filipino the right to draft a constitution of their
own. The Birth of 1935 Constitution.

● Delegates started drafting the constitution on July 30, 1934.

● The Constitution was brought to Washington and was approved by US president
Franklin Delano Roosevelt on March 18, 1935 and ratified on a plebiscite (voting)
held on May 14, 1935.
● Designed for a transition government called the Commonwealth Government that
serves as the training ground for Filipinos in preparation for their liberation from
American rule.
● 10 year transition period 1935 to 1945.
● World War II - Nazis in Germany started a war in Europe involving Americans. The
Japanese are allies of Germany bombarded Pearl Harbor which is the largest naval
base of the Americans.
● Because Americans cannot fight two wars they left the Philippines for a while with a
promise of returning to liberate the Philippines.
● Americans gave the Filipinos their freedom in 1946.

The 1973 Constitution

● The 1935 constitution was designed for the Commonwealth government and not for
the changing time, so the 1967 congress called for charter change.
● Before the drafting of the new constitution finished Ferdinand Marcos declared
Martial Law on September 21, 1972.
● Persons against the government and some delegates of constitutional convention were
arrested but the convention went to finish the job and approved the proposed
constitution.
● President set the ratification of the new constitution on January 15, 1973 but suddenly
postponed the ratification until further notice. However, the president suddenly
announced the new constitution was already ratified by the Filipino people.
● Javellana v. Executive Secretary - settled the question about the ratification of 1973
constitution.
○ The supreme court decided that there is no further judicial obstacle to the new
Constitution being considered in force and effect.
 ● There were several amendments done in the 1973 constitution but instead of
improving it, it became worse which made the people protesting for their freedom to
be returned. Due to this the president ordered a snap election, which Marcos won.
● Filipinos' anger and frustration resulted in the EDSA revolution that happened on
February 22-25, 1986. Because Marcos can no longer stay in his office even if he
wants to, he was forced to flee to Hawaii where he eventually died.

The 1987 Constitution and Revolutionary Government

● Corazon Aquino became president after Marcos. Since she was not the elected
president, her new government was described as a revolutionary government.
● People believe she is the rightful winner that is why she was proclaimed as the new
president.
● Proclamation No. 3 - issued by Aquino after assuming the presidency on March 25,
1986 promulgating the Freedom Constitution.
○ Provisional constitution that pending the making of the new Constitution that
will supersede the 1973 constitution.
● The 1987 Constitution was ratified by the Filipino people through a plebiscite (voting)
on February 2, 1987. On the same day it became effective.
● 1987 Constitution - collection of rules, principles, and maxims that will make sure
that the spirit of democracy and republicanism shall always be preserved so that the
future generations can still have a taste of it.

CHAPTER IV: AMENDING THE FUNDAMENTAL LAW

Making a Constitution
● Our constitution is a codified constitution created in a deliberate way by a
constitutional commission. It is also made with observance of many strict rules.
● It provides a specific way which it can amend or revise.

Amendment
● Isolated piecemeal change only
● Amendment envisages an alteration of one or few specific and separable provisions.
● Improve specific parts or provisions in order to meet the demands and needs of the
modern times.
● Minor changes which will not affect the entirety of the constitution

Revision
● Revamp or rewriting of the whole instrument that will change the basic principles
enshrined in the constitution
● Entire revision of re-examination of the entire document or provisions
● Major changes which will greatly affect the entire of the constitution

● Congress or Constitutional Convention - can propose revisions and amendments to

the constitutions.
 ● People’s Initiatives - can only propose amendments to the Constitution.
● Each specific change will have to be examined case-by-case, depending on how it
affects other provisions as well as how it affects the structure of the government, the
carefully crafted system of checks-and-balances, and the underlying ideological basis
of the existing Constitution.

The Amendatory Process

1. Proposal Stage - demands how the constitutional change will be done. Pertains to the
manner by which the fundamental law will be modified or altered.
a. The draft of the proposed constitutional changes will be made and later on be
submitted to the people.
b. People will be given time to read the draft. This is usually done through
publications in newspapers.
c. After learning the proposed changes people will now approved the new charter
through ratification
2. Ratification Stage - people are given the chance to elect or not to elect the new
constitution. People have the final say when it comes to making a change in the
fundamental law.

Article XVII of the 1987 Constitution declares that:

Section 1. Any amendment to, or revision of this Constitution may be proposed by:
● The Congress, upon a vote of three fourths of all its Members; or
● A constitutional convention.

Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least three per
centum of the registered voters therein.
● No amendment under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years thereafter. The
Congress shall provide for the implementation of the exercise of this right.

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate the question of
calling such a convention.

Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall
be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days after the approval of such amendment or
revision.
● Any amendment under Section 2 hereof shall be valid when ratified by a majority of
the votes cast in a plebiscite which shall be held not earlier than sixty days nor later
 than ninety days after the certification by the Commission on Elections of the
sufficiency of the petition.

Article XVII of the Constitution - A people's initiative to change the Constitution applies
only to an amendment of the Constitution and not to its revision. In contrast, Congress or a
constitutional convention can propose both amendments and revisions to the Constitution.

Three Modes of Charter Change

1. Constituent Assembly
● The Philippine Congress may, upon a vote of three-fourths of all its members can
directly propose a constitutional change. Congress also drafts the proposal or the
provisions or principles that will be changed.
○ Three-fourths of the votes must come from the Senate and the House of
Representatives voting separately.
○ Voting separately is not stated in the constitution but common sense dictates
because the number of senators and district representatives are not in
proportion to each other.
● This manner is more expeditious and cheaper compared to the other modes of
proposing a charter-change. Expeditious because there is no need to choose who will
draft the new constitution. Cheaper because there is no need to allocate separate
funding for the salaries of the supposed framers.
● Congress is in-charge of calling the constituent assembly and also they will be the
ones that will constitute the Constituent Assembly itself.
● A Constituent Assembly is advisable if it is only amendments for it will be easier and
less troubling.

2. Constitutional Convention
● Can be called by the Congress by a vote of two-thirds of all its members or by
majority votes and submit to the electorate the question of calling such convention.
● Two ways in calling Constitutional Convention:
○ Obtain a vote of two-thirds of all its members
○ Obtain majority vote in both House
■ The need to submit the queston of calling a constitutional convention
to the people only arises if only a majority vote was obtained.
● Constitutional Convention draft the proposed amendments. The constitutional
convention are composed of delegates or representatives that will theoretically
represent all the sectors in the society
● Voting for the calling of a Constitutional Convention into order must be done by the
Senate and the House of Representatives separately.
● This constitutional convention is more rigorous (meticulous) compared to Constituent
Assembly
● No matter how tedious it is, this convention is more democratic because delegates will
be called to constitute the Constitutional Convention.
People’s Initiative
Article XVII section 2 declares:
● Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least
three per centum of the registered voters therein.
● No amendment under this section shall be authorized within five years following the
ratification of this Constitution nor oftener than once every five years thereafter. The
Congress shall provide for the implementation of the exercise of this right.
● People can directly propose amendments to the constitutions through people
initiatives.
● An amendment is "directly proposed by the people through initiative upon a petition"
only if the people sign on a petition that contains the full text of the proposed
amendments.
● A method devised under the 1987 Constitution that guarantees the participation of the
people in proposing constitutional change.
● Also beleaguered by an arduous legal process for it to be effective.
● Requirements:
○ A petition of at least 12 percent of the total number of voters in the
Philippines. 3 percent of the registered voters in each legislative district must
be represented.
○ Of which every legislative district must be represented by at least 3 percent of
the registered voters within.
● The draft of the proposed constitutional amendment should be ready and shown to the
people before they sign such proposal.
● The framers "envisioned" that the people should sign on the proposal itself because
the proponents must "prepare that proposal and pass it around for signature."
● The essence of amendments "directly proposed by the people through initiative upon
a petition" is that the entire proposal on its face is a petition by the people. This means
two essential elements must be present.
○ The people must author and thus sign the entire proposal. No agent or
representative can sign on their behalf.
○ As an initiative upon a petition, the proposal must be embodied in a petition.
● These essential elements are present only if the full text of the proposed amendments
is first shown to the people who express their assent by signing such a complete
proposal in a petition.
● The full text of the proposed amendments may be either written on the face of the
petition, or attached to it. If so attached, the petition must state the fact of such
attachment. This is an assurance that every one of the several millions of signatories
to the petition had seen the full text of the proposed amendments before signing.
● Otherwise, it is physically impossible, given the time constraint, to prove that every
one of the millions of signatories had seen the full text of the proposed amendments
before signing.
 ● An initiative signer must be informed at the time of signing of the nature and effect of
that which is proposed and failure to do so is "deceptive and misleading" which
renders the initiative void.
● Section 2, Article XVII of the Constitution does not expressly state that the petition
must set forth the full text of the proposed amendments but the framers of our
Constitution clearly show the intention to adopt the relevant American jurisprudence
on people's initiative.
○ In particular, the deliberations of the Constitutional Commission explicitly
reveal that the framers intended that the people must first see the full text of
the proposed amendments before they sign, and that the people must sign on a
petition containing such full text.
○ Indeed, Section 5(b) of Republic Act No. 6735, the Initiative and Referendum
Act that the Lambino Group invokes as valid, requires that the people must
sign the "petition x x x as signatories.
● Securing Signatures of the People
○ The proponents secure the signatures in their private capacity and not as public
officials. They are not disinterested parties who can impartially explain the
advantages and disadvantages of the proposed amendments to the people. The
proponents present favorably their proposal to the people and do not present
the arguments against their proposal. The proponents, or their supporters,
often pay those who gather the signatures.
○ There is no presumption that the proponents observed the constitutional
requirements in gathering the signatures. The proponents bear the burden of
proving that they complied with the constitutional requirements in gathering
the signatures - that the petition contained, or incorporated by attachment, the
full text of the proposed amendments.
○ An initiative that gathers signatures from the people without first showing to
the people the full text of the proposed amendments is most likely a deception,
and can operate as a gigantic fraud on the people. That is why the Constitution
requires that an initiative must be "directly proposed by the people x x x in a
petition" - meaning that the people must sign on a petition that contains the
full text of the proposed amendments.
○ On such a vital issue as amending the nation's fundamental law, the writing of
the text of the proposed amendments cannot be hidden from the people under
a general or special power of attorney to unnamed, faceless, and unelected
individuals.
Needs to be followed:
1. The people themselves must be the ones who will author the petition and sign the
entire proposal. No agent or representative can sign on behalf of the people.
2. The full text of the proposed amendments must be embodied in the petition so that the
people can fully appreciate its contents.

● Failure to satisfy these mandatory requirements is fatal to the legality of the People's
Initiative. Just like what happened in the Lambino Case, the proponents of the
 People's initiative were not able to satisfy these requirements and that is why they
were not able to make it effective and valid. The reason for the so much intricacy is
that, the people as the author of the proposal must be able to fully appreciate it and
know its contents. Without the document containing the proposal, the people will not
be able to know what they are signing for. It could also be a breeding ground for fraud
and deception.

Ratifying the New Constitution

● Time for the people to partake in the democratic process of amending or revising the
fundamental law. This process renders a truism the maxim that the constitution is the
mandate of the Filipino people.
● Ratification - People will be given the chance to elect the new constitution or not to
elect it.
● A plebiscite must be held in order to ratify the amendments to the constitution. As
what was declared a majority of the votes cast in the plebiscite that was held is needed
to ratify the proposed changes in the constitution.
● A plebiscite can be compared to an ordinary election. In a plebiscite changing the
constitution is at stake while in an ordinary election, public officials are being voted
upon.
● The constitution itself stated the timeframe within which the plebiscite is to be held.
○ It should not be earlier than 60 days so that the people will be given the time
to scrutinize the proposed amendments.
○ It should also be not later than 90 days so that it will not take too long,
otherwise the defects of the old constitution through which the goal of the
amendment is aimed at will not be immediately cured and will therefore defeat
the purpose of the amendment.
● For practicality, the plebiscite could be held on the same day as the regular elections.
It should be noted however that the word "election" in its singular form means that the
entirety of the constitution must be submitted for ratification in a single plebiscite
only.

CHAPTER V: THE PREAMBLE

● The Etymological definition of Preamble simply means to walk in front.
● Preamble serves as the introductory remark to the constitution.

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.
Significance of the Preamble
● Preamble is not a law because it is not part of the Constitution. It should not be
considered as a provision. Therefore it can never be a source of a right or an
obligation.
● The constitution can stand itself even without the presence of preamble.
● Fr. Bernas - Preamble sets down the origin, scope and purpose of the constitution, it
is useful as an aid in ascertaining the meaning of the ambiguous provisions of the
constitutions. It is the source of light.
● Preamble can be used as a medium to interpret the meaning of the provisions found in
the constitution.
● Whenever doubts or confusion arises as to the meaning of an ambiguous provision,
the preamble can be used as a tool to clear the meaning of the said provisions.
● Preamble contains the intention of the framers of the constitution
● General rule in Statutory Construction - if a law is ambiguous and there is doubt as
to its application then the intention of the lawmakers has to be ascertained in order to
apply the law in accordance to the intent of its framers. The same works in
ascertaining the meaning of ambiguous constitutional provisions

Dissecting the Preamble

We the sovereign Filipino People...
● The preamble tells us who are the authors of the constitution.
● The Constitution was framed by the members of the constitutional commission.
However it was the Filipino people who ratified the same. In turn the Filipino people
are considered to be the real authors of the constitution. The constitution is the
mandate of the Filipino people.

Imploring the aid of Almighty God...

● The Filipino people are God fearing people. They even invoke the power of the
almighty Creator to aid them in the establishment of the social order in the state. It
just shows that Filipinos have deep roots in religion.

In order to build a just and humane society...

● The authors of the constitution aim to build not only a just but also a humane society.
● The Filipino people seek a society where justice prevails, where all wrong doing must
be dealt with by law.
● However a just society will not be enough, it has to be humane as well. For justice is
only violence without a touch of humanness.

And establish a government that shall embody our ideals and aspirations
● It is also the aim of the Filipino people to build or establish a kind of government that
will serve as the voice of the people, a government that listens to the cries of its
people. It has to be a government of the people, by the people and for the people.
Promote the common good....
● A representative government is not the only characteristic the government must
possess. It must also be a government that promotes the general welfare of people.
The government must protect all kinds of people and not only the ones that are
influential and affluent.

Conserve and develop our patrimony....

● Patrimony can be simply construed as the heritage of the Filipino people. This
includes both material and non-material culture. As declared in the preamble, one of
the goals of the framers of the constitution is to conserve and develop the heritage of
the Filipino people. This declaration is full of patriotism.

Secure to ourselves and to our posterity the blessings of independence and democracy, under
the rule of law and a regime of truth, justice, freedom, love, equality and peace...
● This declaration means that the legacy of a democratic society must be secured not
only to the present generation but also to the future generations that lies ahead. The
present generation needs

CHAPTER VI: THE NATIONAL TERRITORY

Definition of Territory
● Definite portion of the Earth where its people reside and must be capable of sustaining
the survival of its inhabitants.
● Must be definite in order to avoid international disputes regarding different claimants
of various territories. It must be well delineated so that conflicts as to its boundaries
can be avoided.
● Due to its importance to the sustenance of life, many states at present are trying to
claim territories belonging to other countries. This has been the subject of many
disputes in the international sphere and involves applications of many treaties and
even general principles of international law.

The Different Modes of Acquiring Territory

1. Discovery and Occupation
● A state can seize a territory that is terra nullius or not owned by anyone.
● Any territory that is not owned can be subject of discovery and occupation.
● Discovery alone is not sufficient to take over a particular loose territory. It has to be
coupled with effective occupation that has to be done within a reasonable time from
the discovery. Otherwise it will only create an inchoate right. An inchoate right does
not vest any title to the discoverer. The right to acquire the territory can only be
completed by occupation or administration.

2. Cession
● Cession employs the use of a treaty to acquire a territory.
● Can take many forms.
 ○ Voluntary treaty where independent states will agree among themselves
voluntarily to award a territory to another state.
○ Involuntary treaty where a war victor forces upon the loser state to award the
victor a piece of territory.
● Cession could also be utilized through sale or donation.

3. Accretion
● Increased in land territory either thru natural or artificial means.
○ Natural Accretion is the increased deposits of soil through natural water
currents from rivers and seas,
○ Artificial Accretion can be done by quarrying where large amounts of soil is
deposited in water areas such as seas and rivers by human labor.

4. Prescription
● Prescription means in international law the continuous and uninterrupted possession
of a territory since time immemorial. This will entitle the possessor to the acquisition
of the said possessed territory.

5. Conquest
● Conquest is the use of force or threat of force in order to acquire a territory.

Acquisition of the Philippine Territory

● The Philippines did not have a unified government that exercised sovereignty over the
entire archipelago. Instead, there were different clans living in different barangays
that occupied different small territories all throughout the Philippine archipelago.
There was no Philippine territory to speak of during that time. At least not the kind of
Philippine territory we know today.
● The Philippines was under the sovereignty of the Spanish crown for more than three
centuries. During that time, Spain was the one that legally owned the entire Philippine
territory. In the 19th century, the declining power of Spain was soon challenged by
the rising power of the United States of America. Because Spain cannot win a one
sided war, they were forced to cede the entire Philippine territory to the Americans.
This cession was materialized through the famous Treaty of Paris. By virtue of this
treaty, sovereignty over the Philippine territory was transferred to the Americans.
● The Americans stayed in the Philippines for a little over 4 decades. During their stay,
they promised liberty to the Filipinos but first the Filipinos must be trained for self-
governance. The commonwealth was then established to serve as a transition
government and provide for the training grounds for governance.
● Before the end of the commonwealth government, World War II erupted and briefly
interrupted the commonwealth government. During a span of three years, the
Philippines was forcefully put under the sovereignty of the Japanese. After the defeat
of Germany, the United States fulfilled its promise and returned to the Philippines to
 liberate the Filipinos from Japanese rule. The defeat of the Japanese troupes in the
Philippines signalled the end of the Japanese occupation of the Philippine territory.
● In 1946, sovereignty over the Philippine Islands was transferred to their real owners,
the Filipino people.

National Territory of the Philippines

Article I section 1 of the 1987 Philippine Constitution provides:
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.

● National Territory is made up of all the islands and waters that are embraced in the
entirety of the Philippine Archipelago.
● Made up of 7,641 islands. Consists of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas.
● From the highest point of aerial domain or atmosphere on top of the Philippine
archipelago to the deepest core of the earth under the Philippine archipelago and
everything else in between is part of the Philippine national territory.
● Philippine sovereignty is not limited to the archipelago only. The National Territory
of the Philippine state extends also to other territories over which the Philippines has
sovereignty and jurisdiction even if not part of the archipelago itself.
○ Kalayaan Island Groups and the Panatag shoal which were classified as
regime of islands. Even though considerably far from the Philippine
Archipelago, this regime of islands is still part of the National territory of the
Philippines.
● All other territories over which the Philippines has sovereignty or jurisdiction
otherwise known as its extraterritorial jurisdiction.
○ Extraterritorial jurisdiction pertains to the right of a State to exercise
control over a place outside of physical territorial jurisdiction, but over which
it has sovereignty such as the various diplomatic missions in other States.
○ Hence the land over which any Philippine Diplomatic Mission is located is
under the jurisdiction of the Republic of the Philippines.

Other illustrations of "other territories over which the Philippines has sovereignty or
jurisdiction" are the instances enumerated in Article 2 of the Revised Penal Code of the
Philippines, to wit:
1. When the offender should commit an offense while on a Philippine ship or airship;
 2. When the offender should counterfeit (imitate) any coin or currency note of the
Philippines or obligations and securities issued by the Government;
3. When the offender should be liable for acts connected with the introduction into the
Philippines of the obligations and securities mentioned in the preceding number;
4. When the offender, while being a public officer or employee, should commit an
offense in the exercise of his functions; and
5. When the offender should commit any of the crimes against the national security and
the law of nations.

In the instances enumerated above, even if the offense is committed outside of the Republic
of the Philippines, the same is still under Philippine jurisdiction.

Concept of the Archipelago Doctrine

● 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.
● Appropriate points are set along the coast of the archipelago including the outermost
islands and then connect those points with straight baselines. All waters within the
baselines are considered internal waters of the archipelago state.
● The term "archipelago" originated from the Italian term "archipelago", which was
derived from "arci" - chief or most important, and "pelago" - sea or pool.
● Even if they exceed 12 nautical miles are considered to be part of the internal waters.

Terrestrial Domain
● Land territories of the Philippines. This includes all land masses that are embraced
within the islands of the entire archipelago. Plains, rice fields, mountain ranges,
plateau, islands, regime of islands and all other forms of land masses are parts of the
terrestrial domains of the Philippines.

Fluvial Domain
● Fluvial domains include all water bodies and maritime territories of the Philippines.
Water domains can be perplexing so we have to discuss them one by one.

1. Internal or National Water

● UN Convention of the law of the sea - internal waters on the landward side of the
baselines of the territorial sea. The territorial sea is set after the baseline marks or the
low water mark of each state. All bodies of water within these baselines are
considered to be internal waters.
● Internal waters are the bodies of water within the land territory of the state. This
includes rivers, lakes, canals, bay, gulf and straights.

2. Territorial Sea
● Extends 12 nautical miles from the low water mark.
 ● Still a part of the national territory of the Philippines. It is an external water or bodies
of water found outside the landmass of the state.
● State can exercise sovereignty over this set of territories.
● Foreign ships enjoy the right of innocent passage in the territorial sea but the passage
must be expeditious and continuous except when there is a force majeure or
unforeseen circumstances.

3. Contiguous Zone
● Extends up to 12 nautical miles from the end of the territorial sea.
● Can be exactly considered as a part of the national territory because the state can only
exercise limited jurisdiction over the contiguous zone. A state can only enforce
customs, fiscal, immigration and sanitary laws on its contiguous zone.

4. Exclusive Economic Zone

● Cannot be considered as a part of the National Territory of the Philippines. The
coastal state can no longer enforce its jurisdiction over the Exclusive Economic Zone.
● It extends up to 200 nautical miles from the low water mark or baseline marks of the
coastal state.
● Even though the coastal state cannot enforce its jurisdiction over the Exclusive
Economic Zone, the coastal state may enforce its sovereign rights over the economic
resources found within this area including the sea, the seabed and the subsoil.
● Other states have the right to navigate the exclusive economic zone but of course it
has to be done in a lawful manner, consistent with the general principles of
International Law.

5. High Seas
The high seas are res nullius or res communes. This means that the high seas are not owned
by anyone or by any state. It is available for navigation and exploitation by any state.

The Straight Baseline Method

● To ascertain the boundaries of the archipelagic waters, an archipelagic state must
draw straight baselines that will connect the outermost portions of the outermost
islands.
● The baseline's should not depart, to any appreciable extent, from the general
configuration of the archipelago. The waters found within the straight baseline marks
are considered to be internal waters.
● The extent of the territorial sea shall be counted from the straight baseline marks and
not from the low water mark as in the case of other states which are not archipelagos.

Aerial Domain
● Airspace found above the terrestrial and fluvial domains.
● A state can exercise its sovereignty and jurisdiction over the airspace located just right
above it.
 ● Jurisdiction of a state cannot extend up until to outer space. Outer space is considered
to be outside the commerce of man so it can never be owned by anyone or any state.
Outer space is res communes.

CHAPTER VII: THE PRINCIPLES AND STATE POLICIES

CHAPTER VIII: THE INHERENT POWERS OF THE STATE

CHAPTER VIII: BILL OF RIGHTS

● Very heart of the constitution
● Contains the basic constitutional rights
● Collection of rights that serve to protect the people from whimsical, unjust and
unreasonable governmental acts
● The reason of bill of rights is to protect the people from arbitrary flexing of
governmental muscles and prevent the state from intruding the private affairs of
individual,
● Protection of democracy lies in the facets of bill of rights

Kinds of Rights

Natural Rights
● Rights found in the very nature of our existence
 ● Naturally exist in the flow of the universe
● Man was born possessing his natural rights
● He does not owe it to anyone or any state
● Ex. Right to life, freewill, happiness

Constitutional Rights
● Rights found in the constitution specifically in the bill of rights
● Constitution grants this rights, no congressional, executive and judicial act can ever
take it away
● Ex. Right to due process, right against involuntary servitude, right against
unreasonable searches and seizures

Statutory Right
● Rights granted by statutes or laws passed by the congress
● Subject to the changes the national legislature may deem fit
● Ex. Right to appeal

Civil Rights
● Rights belong to every individual citizen or any inhabitant of the state
● Not connected to the administration of the government
● Can be enforced by any individual against another individual
● Ex. Right to: property, marriage, right to enter into contractual relations
● Our rights as a citizen against the state

Political Rights
● Right to participate in the administration of the government
● Ex. right to hold public office and right to suffrage

Constitutional Provisions
● Composed of 22 sections located in the Article III of the constitution
● Sec. 2, 3, 12,17 involve the exclusionary rule in evidence
● Evidence or confessions obtained in violation of those four will be considered
inadmissible as evidence.

Right to Due Process - Article 3, Section 1

● Origin of due process is from the Genesis in the Bible where Adam and Eve have
given the chance to explain themselves about the sin they commit.
● Protection for individual against any kind of arbitrariness, unreasonableness or
capriciousness of the government
● Entails the general rule that everyone is entitled to life, liberty and property
● The exception to this general rule is due process
● There could be a deprivation of life, liberty or property as long as it complies with the
due process clause found in the bill of rights.
 ● Protection in the due process clause covers all kinds of persons, including citizens,
aliens, natural and artificial.

Life
● Integrity of the physical person
● Government cannot intrude the integrity of the physical person
● Integrity of the physical person extends to all his body parts
● Protection not only of life but also his bodily parts from infliction of pain or injury

Liberty
● Liberty regulated by law and not an intemperate freedom
● Individuals freedom to act according to his own volition and freewill without
violating the law or rights belonging to other people
● There is no absolute liberty in society civilized men

Property
● Anything that can be subjected under commerce of man and can be a subject of a
dealing or contract
● Includes personal, real, tangible, and intangible
● In a democratic country man is entitled to his property like the Philippines private
property is recognized
● A man is allowed to have a right of ownership over things which he musters from his
own labor.

Two Aspects of Due Process

1. Substantive due process
2. Procedural due process

Substantive Due Process

● Intrinsic validity of a law
● Kind of restriction on the government’s law-making powers for the protection of the
people
● Requires a law or ordinance to be reasonable and just
● Reasonableness or fairness of a rule promulgated by the governmental authority
● To comply with the standard of substantive due process a law, statute, ordinance or
any promulgation must not be arbitrary, capricious and whimsical. Must be fair, just
and reasonable

Procedural Due Process

● Notification and trial is needed to comply with the requirements of procedural due
process
● Before deprivation of condemnation takes place the person to be deprived must be
notified first to prepare his defense.
 ● After notification trial must commence so he can explain himself
● Process on how notice and hearing is applied may vary from different tribunals or
administrative bodies but no matter how these different processes may vary they must
still follow the elementary rule of notice and hearing.

Requirements of Procedural Due Process in Judicial Proceedings

Provided by the Supreme Court:
1. There must be a court or tribunal clothed with judicial power to hear and determine
the matter before it
2. Jurisdiction must be lawfully acquired over the person of the defendant or over the
property which is the subject of the proceedings
3. The defendant must be given an opportunity to be heard
4. Judgement must be rendered upon lawful meaning

● A court handling the case must be competent and unbiased

● In order for due process to be effective, judicial tribunals must not be prejudicial
● Trial cannot commence without the court acquiring jurisdiction over the person or
properties subject of the litigation.
● The person of the defendant must be given a fair time to prepare his defense and say
his side of things in open court
● There could never be a judgement without a full blown trial to give due credence to
the testimony of the defendant

Procedural Due Process in Administrative Proceedings

Supreme Court provided:
● The Court of Industrial Relations are free from the rigidity of certain procedural
process does not mean that it can disregard or ignore the fundamental and essential
requirements of due process in trials and investigations of an administrative character

Primary rights that must be respected in the procedural proceedings:

1. Right to a hearing includes right of the party interested or affected to present his own
case and submit evidence in support
2. Tribunal must consider the evidence presented right to addduce evidence with the
corresponding duty of the board to consider it is vain. Such right is conspicuously
futile if the person or persons to whom the evidence is presented can thrust it aside
without notice or consideration
3. The duty to deliberate does not impose the obligation to decide right but a
necessity which cannot be disregarded.
a. That of having something to support it is a nullity a place when directly
attached
b. Law is both a grant and a limitation upon power
4. The evidence must be substantial, relevant evidence as a reasonable mind accept as
adequate to support a conclusion
 a. Statutes provide that the rules of evidence prevailing in courts of law and
equity shall not be controlling
b. This assurance of a desirable flexibility in administrative procedure does not
go far as to justify orders without a basis in evidence having rational probative
force.
c. Mere uncorroborated hearsay or rumor does not constitute substantial
evidence.
5. The decision must be rendered on the evidence presented at the hearing, or at
least contained in the record and disclosed to the parties affected.
a. Only by confining the administrative tribunal to the evidence disclosed to the
parties, can the latter be protected in their right to know and meet the case
against them.
b. It should not detract from their duty actively to see that the law is enforced,
and for that purpose, to use the authorized legal methods of securing evidence
and informing itself of facts material and relevant to the controversy.
c. Boards of inquiry may be appointed for the purpose of investigating and
determining the facts in any given case, but their report and decision are only
advisory.
d. The Court of Industrial Relations may refer any industrial or agricultural
dispute or any matter under its consideration or advisement to a local board of
inquiry, a provincial fiscal.
e. A justice of the peace or any public official in any part of the Philippines for
investigation, report and recommendation, and may delegate to such board or
public official such powers and functions as the said Court of Industrial
Relations may deem necessary, but such delegation shall not affect the
exercise of the Court itself of any of its powers.
f. The Court of Industrial Relations or any of its judges, therefore, must act on its
or his own independent consideration of the law and facts of the controversy,
and not simply accept the views of a subordinate in arriving at a decision.
g. It may be that the volume of work is such that it is literally Relations
personally to decide all controversies coming before them.
i. In the United States the difficulty is solved with the enactment of
statutory authority authorizing examiners or other subordinates to
render final decision, with the right to appeal to board or commission,
but in our case there is no such statutory authority.
h. The Court of Industrial Relations should, in all controversial questions, render
its decision in such a manner that the parties to the proceeding can know the
various issues involved, and the reasons for the decision rendered.

The Right to Equal Protection of the Law - Article III Section 1

● The right to equal protection of the law is the right to be invoked when threatened by
a governmental act which is discriminatory in nature.
● The right to equal protection of the law can be considered as included in the scope of
due process for a discriminatory law is surely to be labeled as unreasonable but
 nonetheless the framers of the constitution inserted a separate equal protection clause.
This is to give due importance to its value as a constitutional right.
● One notable author opined that "all persons or things similarly situated should be
treated alike, both as to rights conferred and responsibilities imposed.
● Natural and juridical persons are entitled to this guarantee, but with respect to
artificial persons, they enjoy the protection only insofar as their property is concerned
● Persons or things similarly situated must be treated alike. This connotes as well that
those that are not similarly situated should not be treated alike.
● The kind of equality guaranteed by the equal protection clause is not absolute equality
for no such thing exists in this world. The equal protection clause merely guarantees
relative equality meaning equality among equals. This entails classification

Requirements for a Valid Classification

As outlined by the Supreme Court in the Case of People v. Cayat:
● It is an established principle of constitutional law that the guaranty of the equal
protection of the laws is not equal protection of the laws is not violated by a
legislation based on reasonable classification.

The classification, to be reasonable:

1. must rest on substantial distinctions
2. must be germane to the purposes of the law
3. must not be limited to existing conditions only
4. must apply equally to all members of the same class

● If the requisites cited above are met, then the equal protection clause shall not be
applicable. It was mentioned earlier that there could never be absolute equality.

Requisites:
1. Substantial Distinctions
a. The distinction must be substantial in order for it to fit as a requisite.
b. Trivial distinctions shall not count.
c. An example of a valid distinction is the distinction between a citizen and an
alien.
d. There are more benefits and privileges given to citizens than aliens. This is
simply because a citizen is presumed to have a more sentimental feeling
towards the state than a foreigner.
2. Relevance to the Purpose of Law
a. The distinction must not only be substantial but must also be germane to the
purpose of the law.
b. Example, a citizen enjoys more privileges than a foreigner because a citizen is
considered to be the sons and daughters of the state unlike foreigners who
merely sojourn in the state rather temporarily. However despite of this
distinction all citizens and aliens will be protected by the state regardless of
their origins.
 3. Duration
a. Classification must be enforced not only for the present but as long as the
problem sought to be corrected continues to exist.¹

4. Applicability to all
a. Members of the class or group being classified must be similarly situated.
b. They are not required to be wholly the same but substantial similarity will
suffice.

Relevance to the 3 Inherent Powers of the State

● The right to due process and the right to equal protection of the law serve as
parameters to the three inherent powers of the state.
● These two rights limit the three inherent powers so that the powers of the state may
not overwhelm the democratic setting of the state.
● The police power of the state cannot be arbitrarily exercised because of due process
and the equal protection of the law.
● Otherwise, such an exercise will be declared unconstitutional.
● The same goes for the other two inherent powers. The power to tax and the power
eminent domain must also be exercised within the ambits of the due process clause
and the equal protection clause.

The Right against Unreasonable Searches and Seizures

In one of its decided cases, the Supreme Court fosters the inviolability of ones abode, the
High Court declares:

● The inviolability of the home is one of the most fundamental of all the individual
rights declared and recognized in the political codes of civilized nations.
● No one can enter into the house of another without the consent of its owners or
occupants.
● The privacy of the home the place of abode, the place where a man with his family
may dwell in peace and enjoy the companionship of his wife and children unmolested
by anyone, even the king
● Except in rare cases has always been regarded by civilized nations as one of the most
- sacred personal rights to which men are entitled.
● Both the common and the civil law guaranteed to man the right of absolute protection
to the privacy of his home.
● The king was powerful; he was clothed with majesty, his will was the law, but, with
few exceptions, the humblest citizen or subject might shut the door of his humble
cottage in the face of the monarch and defend his intrusion into that privacy which
was regarded as sacred as any of the kingly prerogatives.
 ● The poorest and most humble citizen or subject may, in his cottage, no matter how
frail or humble it is, bid defiance to all the powers of the state; the wind, the storm and
the sunshine alike may enter through its weather-beaten parts, but the king may not
enter against its owner's will, none of his forces dare to cross the threshold of even the
humblest tenement without its owner's consent.
● "A man's house is his castle," has become a maxim among the civilized peoples of the
earth. His protection therein has become a matter of constitutional protection in
England, America, and Spain, as well as in other countries.
● The safeguard against state intrusion also extends not only to an individual's abode
but also his own body and his belongings. This principle can be found in Article III
Section 2.

The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.

● The general rule stands that the privacy of an individual must always be secured
against arbitrary intrusion from the state. This is a facet of a democratic society.
● An individual could be subjected to a search and/or seizure provided that a valid
warrant of arrest or search warrant as the case may be is secured.
● Right against unreasonable searches and seizures extends not only to natural persons
but also to artificial persons such as corporations and partnerships.
● The right also guarantees the privacy of both citizens and aliens alike.
● The right against arbitrary searches and seizures are considered as personal rights,
meaning to say, the one that can invoke such rights must be the person himself whose
right was violated and this must be understood as to the exclusion of others.
● No other person can invoke the right against unreasonable searches and seizures for
someone else.

Requirements for a Valid Warrant of Arrest and Search Warrant

Here are the requirements for a valid warrant of arrest and search warrant as provided by the
constitution and jurisprudence.

1. It must be based upon probable cause.

2. The probable cause must be determined personally by the judge.
3. The determination must be made after examination under oath or affirmation of the
complainant and the witnesses he may produce.
4. It must particularly describe the place to be searched and the persons or things to be
seized.
5. No search warrant shall issue for more than one specific offense
 ● The first four requirements are outlined by the constitution itself.
● The last one was added by the Supreme Court in the celebrated case of Diokno v.
Stonehill where the court declared a governmental intrusion to be unconstitutional.
○ Hindi maiisyuhan ng warrant of arrest yung isang tao kung walang iffill n a
kaso

The Story of Prosecution of Offenses

● Crimes are acts in contravention with penal laws.
● Crimes are not directed against private individuals but against the public safety of the
state in general. Crimes are deemed to be against the state itself.
● Under that foregoing it is only but natural that it is the state that must prosecute
criminal offenders.
● It is the duty of the state to prosecute an accused in a criminal case.
● This prosecution is done by the state prosecutor or the fiscal.
○ Determination ng fiscal may probability ba naguilty yung tao para maisampa sa korte
○ Determination ng judge kung may probability ba na guilty yung tao para maaresto

First Stage (Filing of Complaint)

● A criminal proceeding is commenced through the filing of a criminal complaint in the
prosecutor's office.
● A complaint is a sworn statement charging a person with an offense.
● Once the prosecutor receives the complaint, the prosecutor will now thereby issue a
subpoena with the complaint and other supporting affidavits attached to it to the
accused.
● The accused upon receipt of such documents shall be given time to file his counter
affidavit in the prosecutor's office for his defense

Second Stage (Preliminary-Investigation)

● Prosecutor has already substantial knowledge about the facts considering both the side
of the complainant and the accused.
● It is now time to examine them. This process is called preliminary investigation.
Preliminary investigation is an inquiry or procedure to determine whether there is
sufficient ground to engender a well-founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should be held for trial.
● Purpose of a preliminary investigation is for the prosecutor to establish probable
cause.
● Probable cause means that the accused probably committed the offense charged.
● The duty of a prosecutor is to establish probable cause and not the guilt of the
accused.
● It is the judge's duty to determine the latter.

Third Stage (Filing of Criminal Information)

 ● Once the prosecutor sees that there is no probable cause, the prosecutor will dismiss
the case.
● If the prosecutor deems that there is probable cause then, it is the duty of the
prosecutor to file it in court through the filing of criminal information.
● A criminal information is an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court.

Fourth Stage (Issuance of a warrant of arrest)

● The court cannot proceed with the trial of an accused without the accused being in the
custody of law.
● The judge must issue a warrant of arrest.
● The issuance of a warrant of arrest must comply with the requirements provided by
Art. II Sec. 2 of the bill of rights, otherwise it will result in an invalid warrant of arrest
which is unconstitutional.
● The judge must personally evaluate the resolution and supporting evidence submitted
by the prosecutor for the establishment of probable cause.
● The judge cannot simply rely on the probable cause established by the prosecutor but
must personally examine the documents submitted by the fiscal.
● If he sees that there is no probable cause then he must dismiss the case.
● If upon his personal examination he sees that there is indeed probable cause, the judge
must issue a warrant of arrest.
● Prosecutor determines probable cause for the filing of criminal information to the
court while the judge determines probable cause for the issuance of the warrant of
arrest.
● The warrant of arrest issued by the judge must also have particularity of description.
● The accused must be named or at least his person described.
● The warrant must contain a statement of the violation of a specific offense.
● A general warrant is void.

Fifth Stage (Arrest of an Accused)

● Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
● An arrest is made by an actual restraint of a person to be arrested, or his submission to
the custody of the person making the arrest.
● No violence shall be used in making the arrest.
● The person arrested shall not be subject to a greater restraint than is necessary for his
detention.

Warrantless Arrests
● There are instances of lawful warrantless arrests.

The Revised Rules of Criminal procedure provides for such instances.

Arrest without warrant; when lawful- a peace officer or a private person may, without a
warrant, arrest a person:

1. When, in his 'presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it
3. When the person to be arrested is a prisoner who has escaped from penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to the other.

● Mentioned in paragraph (a) is oftentimes called in flagrante delicto arrest or caught

in the act arrest.
○ This happens when a police officer happens to see the accused about to
commit a crime, committing a crime or has just finished committing a crime.
○ In such an instance, a police officer is mandated by law to apprehend the
accused.
● Paragraph (b) talks about an arrest in hot pursuit.
○ It covers instances when a police officer does not actually see "caught in the
act" a commission of an offense but is present in the scene of the crime and
personally knows facts and circumstances surrounding the commission of the
said crime.
● Paragraph (c) talks about an escaped prisoner.
○ A prisoner can either be a detained prisoner or a convicted prisoner.
○ A detained prisoner is a prisoner who is not yet convicted by a final
judgment while a convicted prisoner is a prisoner who is already convicted
by final judgment and sentenced by a court.
○ Both kinds of prisoners, once they escape, can be arrested even without a
warrant of arrest.
● Arbitrary detention - pulis ang nagkulong
● Illegal detention - tao ang nagkulong

Procedure for a Warrantless Arrest

● Unlike in an ordinary arrest where an arduous process of determining probable cause
both in the prosecutor's office and in the court, a warrantless arrest is more
expeditious to process.
● It does not require preliminary investigation that can take a few months to a year of
processing.
● After an accused is apprehended by virtue of a warrantless arrest, the police officer in
charge shall conduct custodial investigation.
 ● Afterwards an inquest fiscal shall conduct inquest proceedings that usually last for a
few minutes to an hour.
● It is a summary proceeding that is expeditious in nature.
● An inquest proceeding is proper for a warrantless arrest while a preliminary
investigation is proper for an arrest with a warrant

Search and Seizure

● A person can be arrested while things and places can be searched or seized.
● Search and seizure can be effected by virtue of a search warrant.
● A search warrant is defined as an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court.
● A search warrant just like a warrant of arrest has the same constitutional requirements.
These are:
1. Existence of probable cause.
2. Probable cause to be determined personally by a judge
3. Upon examination
4. Stating with particularity the persons or things to be searched or seized
5. Embracing only one specific offense

Procedure for the Issuance of a Search Warrant

● An application for a search warrant can be applied in a proper court.
● The court may grant the application for a search warrant provided the requirements
put forward by the constitution are satisfied.
● The search must be conducted in daytime unless otherwise provided by the rules of
criminal procedure.
● The search must be done in the presence of the lawful occupant or any member of his
family.
● Without the presence of the lawful occupant or his family, two witnesses of sufficient
age and discretion residing in the same locality.
● The search warrant shall be valid for ten days.

Search and Seizure without Search warrant

There could also be instances of valid search and seizure without a search warrant.

Search without warrant are limited to:

1. Customs Searches
2. Searches of Moving Vehicles
3. Seizure of Evidence in Plain View
4. Consent searches
5. Searches incidental to a lawful arrest
6. Stop and Frisk
Customs Searches
● Done as routinary inspections on buildings, establishments and private properties.
● An example of this sort is a health inspection conducted by a city health officer in a
cafeteria to guarantee food safety.
● Once an illegal object is obtained from these kinds of searches, it will be admissible in
evidence even without a search warrant.

Searches of Moving Vehicles

● These are more commonly known as searches in check points.
● Checkpoints are allowed as long as the vehicle is neither searched nor its occupants
subjected to a body search and the inspection of the vehicle is limited to a visual
search.

Seizure of Evidence in Plain View

● Also known as the Plain View Doctrine.
● Objects falling in plain view of an officer who has a right to be in position to have that
view are subject to seizure even without a search warrant and may be introduced in
evidence.
● It is clear that an object is in plain view if the object itself is plainly exposed to sight.

Consent Searches
● There could be a valid intrusion or seizure without a search warrant if the private
individual subject to such searches consents.
● This is to be understood as a consent freely given.

Searches Incidental to Lawful Arrest

● Searches and seizures conducted during lawful arrests may it be through a warrant of
arrest or a warrantless arrest is a valid search and seizure.
● Evidence obtained during such instances is admissible in evidence.

Stop and Frisk

● In the case of Terry v. Ohio, a stop and frisk was defined as the vernacular
designation or the right of a police officer to stop a citizen on the street, interrogate
him and pat him for weapons.

Right to Privacy of Communication and Correspondence

Article III section 3 of the Bill of Rights declares:
The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise, as prescribed by law.

Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
 ● This provision guarantees the inviolability of private conversations and
correspondences.
● The constitution protects these kinds of private affairs against the intrusion of the
state.
● Private communications and correspondence is inadmissible in evidence unless it is
upon lawful order of the court.
● This provision also included "when public safety requires otherwise as prescribed by
law."
● In line with this, the anti-wire-tapping law has been enacted.

Constitutional Right to Privacy

● The right to privacy was not expressly written in the constitution although by
implication, it can be seen that it exists.
● Due to this concern, jurisprudence cleared that the constitutional right to privacy
indeed exists.
● In the case of Ople v Torres, the Supreme Court stated that: The essence of privacy is
the "right to be let alone."
● In the 1965 case of Griswold v. Connecticut, the United States Supreme Court gave
more substance to the right of privacy when it ruled that the right has a constitutional
foundation.
● It held that there is a right of privacy which can be found within the penumbras of the
First, Third, Fourth, Fifth and Ninth Amendments,.
a. The right of association contained in the penumbra of the First Amendment is
one, as we have seen.
b. The Third Amendment in its prohibition against the quartering of soldiers "in
any house" in time of peace without the consent of the owner is another facet
of that privacy.
c. The Fourth Amendment explicitly affirms the "right of the people to be secure
in their persons, houses and effects, against unreasonable searches and
seizures."
d. The Fifth Amendment in its Self-Incrimination Clause enables the citizen to
create a zone of privacy which the government may not force him to surrender
to his detriment.
e. The Ninth Amendment provides: "The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retained by
the people."
● The concept of limited government always included the idea that governmental
power stops short of certain intrusion into the personal life of the citizen.
● The right of privacy is recognized and enshrined in several provisions of our
Constitution. It is expressly recognized in section 3 (1) of the Bill of Rights:

The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court, or when public safety or order requires otherwise as prescribed by law.
Sec. 6. The liberty of abode and of changing the same within the limits prescribed by law
shall not be impaired except upon lawful order of the court. Neither shall the right to travel
be impaired except in the interest of national security, public safety, or public health as may
be provided by law.

Sec. 8. The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law shall not be
abridged.

Sec. 17. No person shall be compelled to be a witness against himself. Zones of privacy are
likewise recognized and protected in our laws.

● The Civil Code provides that "[e]very person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other persons" and punishes as
actionable torts several acts by a person of meddling and prying into the privacy of
another.
● It also holds a public officer or employee or any private individual liable for damages
for any violation of the rights and liberties of another person, and recognizes the
privacy of letters and other private communications.
● The Revised Penal Code makes a crime the violation of secrets by an officer, the
revelation of trade and industrial secrets, and trespass to dwelling.
● Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, the
Secrecy of Bank Deposits Act and the Intellectual Property Code.
● The Rules of Court on privileged communication likewise recognize the privacy of
certain information.

Miranda Rights and the Right against Torture and Solitary Confinement
Article III Section 12 of the 1987 Constitution provides that:

1. Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice.
a. If the person cannot afford the services of counsel, he must be provided with
one.
b. These rights cannot be waived except in writing and in the presence of
counsel.

2. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him.
a. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

3. Any confession or admission obtained in violation of this or Section 17 hereof shall

be inadmissible in evidence against him.
 4. The law shall provide for penal and civil sanctions for violations of this Section as
well as compensation to the rehabilitation of victims of torture or similar practices,
and their families.
Galing sa isang kaso, miranda vs arizona

Celebrated case of Miranda v. Arizona, the US Supreme Court declared:

● Custodial investigation means any "questioning initiated by law enforcement
officers after a person has been taken into custody or is deprived of his freedom of
action in any way.
● The meaning of custodial investigation is crucial in our understanding of the rights
found in section 12. This is so because the rights in this provision exist only in
custodial investigation or in custody interrogation of accused persons.
● Once an accused is apprehended for a commission of an offense and law enforcement
agents start to ask searching questions leading to resolve an unresolved crime, the
rights during custodial investigation also commences to operate.
● Violation of the rights during custodial investigation will render all evidence or
confession to be inadmissible.
● In order for an extrajudicial confession to be admissible, it must be:
○ Voluntary
○ with assistance of counsel
○ in writing
○ express.

What Rights are Available?

● Upon the start of custodial investigation, an accused has the right to be informed of
his so-called Miranda rights.

These are:
1. Right to remain silent
● An accused cannot be forced by anyone, even police officers to answer any question
or much less give confession.
● Any confession obtained in violation of this right shall never be admissible as
evidence.
● The rationale behind this right is to protect an accused who is not trained in the
science of law from his ignorance of the intricacies of law and rules of technicalities.
● Without this right, an accused may find himself in a difficult situation and may say
things that may incriminate him.
● An accused could be incriminated not because he is guilty but because he is ignorant
of the law.

2. Right to competent and independent counsel

● Concomitant to the right to remain silent is an accused's right to counsel.
 ● With the presence of his own counsel preferably also of his own choice, an accused
can now fully disclose his side of the story and can intelligently defend himself in the
initial stage of criminal prosecution.
● If an accused cannot afford the services of his own counsel then the state shall provide
him one.

● The right to be informed of an accused's right to remain silent and right to

counsel cannot be waived unless it is in writing and in the presence of his counsel.
● A waiver of one's Miranda rights is an invalid waiver without the requirements for
waiver under section 12.
● A waiver is defined as a voluntary relinquishment of one's right and an invalid waiver
will produce no legal effect.
● It is of paramount concern that the requisites for waiver under the rule on Miranda
rights must always be observed to avoid violations on one's constitutional rights.

Right against Torture and Solitary Confinement

● Torture results in when an accused is subjected to any physical harm, threat of harm,
force, intimidation, fraud or anything that vitiates his freewill in order to extract from
him confession for a commission of an offense.
● A confession obtained in violation of this right is inadmissible in evidence.
● The right against solitary confinement on the other hand is violated once an accused
is put into a secret detention cell or incommunicado meaning a place where no one
can have access to him, not even his own family.
● Sometimes authorities use such gruesome tactics to extract confession from an
accused.
● The Bill of rights expressly condemns such acts

The Right against Self-Incrimination

Article III Section 17 of the constitution provides that: No person shall be compelled to be a
witness against himself.

● A witness cannot be forced to answer any searching query in any tribunal or

administrative body that will surely incriminate him.
● During a trial of a criminal case, an accused cannot be compelled to sit in the witness
stand by anyone, not even by the judge, the chief justice or the president.
● This is the very essence of the right against self-incrimination.
● The accused cannot be forced to sit in the witness stand and testify.
● This is so because once an accused sits on the witness stand, he must answer all
searching questions that will be asked by the prosecution during cross examination.
● In such a case, an accused will naturally defend himself before the court and might
incur another criminal offense which is perjury.
● The rationale behind the right against self-incrimination is purely for humanitarian
purpose.
 ● The framers of the constitution contemplate the dilemma that an accused might be
forced to state a lie once forced to sit in the witness stand. In such a case, another
offense will be incurred by the accused which is perjury and this will definitely add
on the burden of the accused. This is the reason why the author remarked that the
right against self-incrimination is designed for humanitarian reasons.
● The right against self-incrimination is a personal right and can be invoked by the
person who is in danger of incriminating himself only to the exclusion of others.
● Once an accused sits in the witness stand without compulsion from the court, the
accused must answer all questions directed against him by the prosecution with his
best knowledge.
● The moment he sits in the witness stand, an accused is deemed to have waived his
right against self-incrimination and can no longer invoke such right in that
proceeding.

Right to Free Access to Courts and to the Free Legal Assistance

Article III Section 11 of the constitution provides that:
Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty.

● As a dictate of social justice, it is only proper that the poor and the rich be equal
before the law and the courts of justice.
● Experience tells us that the poor cannot litigate his case to its full extent not because it
has no merits but because he cannot pay for the services of a counsel.
● At present, it is the policy of the state to give equal protection to both the affluent and
the pauper.
● The state provides for the services of a lawyer if a litigant cannot afford to pay for
one. A litigant can also litigate his case as a pauper litigant if he does not have the
money to pay the docket fees in order to file a case in courts.

Right to Bail
Article III Section 12 of the constitution provides that:
All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The right to bail shall not be impaired
even when the privilege of the writ of habeas corpus (official appeal to question if the
arrest/detainment is legal) is suspended. Excessive bail shall not be required.

● Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, conditioned upon his appearance before any court as may be
required.
● It stems from the right of an accused to presumption of innocence.
● An accused even if being prosecuted for a criminal offense is still presumed to be
innocent until he is proven guilty beyond reasonable doubt.
 ● In such an instance, it is but just to grant an accused provisional liberty because he is
still innocent.
● Bail is a security.
● It is in the nature of a guarantee that will ensure that the accused if set free will be
available whenever the court asks for his presence.
● In short, it is a guarantee that the accused will not escape imprisonment if convicted.
After the trial, the amount of bail deposited before the court will be returned to the
accused no matter what the outcome of the trial is.
● The right to bail is also not suspended even if the privilege of the writ of habeas
corpus is suspended.
● So the proper remedy for an accused arrested during rebellion or invasion when the
privilege of the writ of habeas corpus is suspended is to apply for bail. This is so
because the right to bail will remain to be operational even if the privilege of the writ
of habeas corpus is suspended.
● The right to bail can be a matter of right or a matter of discretion.

Bail as a Matter of Right

● Right to bail is a matter of right when penalty for offense is not reclusion perpetua,
life imprisonment or death.
○ Sentence is Reclusion Perpetua - The duty of the court to grant bail is merely
ministerial and is obligated to grant the application for bail.

Bail as a Matter of Discretion

● The right to bail cannot be automatically granted by the court if the penalty for the
offense charged is reclusion perpetua, life imprisonment or death."
● These penalties are penalties for heinous crimes such as murder, rape and drug
trafficking. In short, crimes punishable by reclusion perpetua, life imprisonment and
death are penalties for grave offenses which can be considered as shocking to the
conscience of man.
● If the penalties mentioned above are the designated penalties for the offense charged,
then a summary hearing is needed for the court to determine whether the evidence of
guilt is strong or not strong.
○ If the evidence of guilt is strong then the application for bail will be denied
by the court.
○ However, if the evidence of guilt is not strong then, the application for bail
will be granted by the court.

Amount of Bail must be Reasonable

The right to bail is the proper remedy for a person who is under the custody of law for a
commission of an offense. It is in consonance with the right of an accused to presumption of
innocence. In this regard it is to be noted that the amount of bail must not be excessive and
must be reasonable. Such amount must be commensurate with the gravity of the offense
charged.
There are also other factors that the court must consider in fixing the amount of bail. These
are:
1. The financial ability of the accused to give bail
2. The nature and the circumstances of the offense
3. The penalty for the offense charged
4. The character and reputation of the accused
5. His age and health
6. The weight of the evidence against him
7. The probability of his appearing on trial
8. The forfeiture of bonds by him
9. The fact that he was a fugitive (escape) from justice when arrested
10. The pendency of other cases in which he is bound

● The factors cited above should be considered by the judge primarily but not with
exclusivity.

The Rights of an Accused during Trial

Article III Section 14 of the Constitution provides that:
No person shall be held to answer for a criminal offense without due process of law.
● In all criminal prosecutions, the accused shall be presumed innocent until the contrary
is proved, and shall enjoy the right to be heard by himself and counsel, to be informed
of the nature and cause of the accusation against him, to have a speedy, impartial, and
public trial, to meet the witnesses face to face, and to have compulsory process to
secure the attendance of witnesses and the production of evidence in his behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the
accused: Provided, that he has been duly notified and his failure to appear is
unjustifiable."

The rights of an accused during trial as the term suggests are available to the accused during
trial. According to Article III Section 14, these rights are:
1. Right to criminal due process
2. Right to presumption of innocence
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and causes of the accusation against him.
5. Right to speedy, impartial and public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to secure the attendance of witnesses and
production of evidence in his behalf"

Right to Criminal Due Process

● The right to due process found in section 1 of the Bill of Rights is due process in its
generic sense.
● It embraces due process in all kinds of proceedings, may it be judicial or
administrative.
 ● However, due to its importance in criminal cases since the life or liberty of an accused
is at stake, the framers of the constitution emphasized it by stating it among the rights
of an accused during trial.
● Criminal due process is restricted only to criminal prosecutions and purely to their
procedural requirements. The trial of an accused from the time of the preliminary
investigation or custodial investigation as the case maybe until the trial is finished
either through conviction or acquittal must be done in accordance to constitutional,
statutory and remedial precepts provided by the constitution, congress and by the
Supreme Court. Whenever there is a violation of one of these aforementioned laws
and rules, then it means that there is also a violation of the constitutional right to
criminal due process.
● Due process in a criminal case is very crucial since it involves the possible
deprivation of one's life, liberty and even property.
● This is the very reason why not only the constitution provides for its observance but
also statutes and the rules of court enforce it. In the case of Mejia v. Pamaran, the
High Court outlined the requirements of criminal due process as applied in criminal
proceedings. These are:
1. The accused has been heard in a court of competent jurisdiction.
2. The accused has been proceeded against under the orderly process of law.
3. The accused has been given proper notice and the opportunity to be heard.
4. The judgment was within the authority of constitutional law.

Right to Presumption of Innocence

● An accused must always be presumed to be innocent until the contrary is proven
through the careful observance of criminal due process.
● An accused can only be considered guilty if his guilt is proven beyond reasonable
doubt. As a matter of fact, the quantum of proof needed to convict an accused is proof
beyond reasonable doubt.
● This quantum of proof is the heaviest kind of proof needed in all kinds of judicial
proceedings. This is so because what is at stake in a criminal trial is the liberty or life
of the accused.
● In this regard, it is also noteworthy to mention that, the prosecution must establish
evidence which is beyond reasonable doubt and the court cannot rely merely on the
weakness of the defense. If such quantum of evidence is not met, the accused must be
acquitted.
● All doubts in a criminal trial regarding both appreciation of facts and interpretation of
laws must always be resolved in favor of the accused because in the eyes of our laws,
an accused is innocent until he is proven guilty.
● An accused being tried for a commission of an offense has to face the entire
machinery of the state during trial.
● The prosecution team headed by a public prosecutor will do his best to get a
conviction. In such an instance an accused will find himself in a very difficult
situation and most likely will not be able to defend himself. He needs his
constitutional rights in order for him to intelligently defend himself. One of the
 primordial rights of an accused during trial is his right to presumption of innocence.
The right to presumption of innocence is necessary to satisfy the requirement of fair
play.

Right to be Heard by Himself and Counsel

● An accused has the right to be heard by himself and his counsel. This is an elementary
rule of due process and it is even given emphasis by stating it once again in section
14.
● The essence of the right to be heard is that an accused must be given the chance to
explain himself in open court and must be able to intelligently defend himself.
● However, it will be very difficult for an accused to perceptively protect himself
against the attacks coming from the prosecution most especially if the accused is
ignorant in terms of knowledge of the law.
● Not even a person possessing intelligence akin to that of a nuclear physicist can be
expected to understand and know all the intricacies of the science of law and
technicalities of the rules of procedure.
● The situation becomes even more perplexing for an accused who is unlettered. This is
the very reason why the right to be heard cannot stand all by itself. An accused has the
right to be heard not only by himself but also by his counsel.
● This means that the right to be heard needs the right to assistance of counsel for it to
become fully efficient. An accused in order for him to defend himself intelligently
before a tyrant judge and an avid prosecutor needs the assistance of his lawyer. If an
accused cannot afford to hire a counsel of his own choice, the court must appoint a
counsel de officio to undertake and take over his defense.

Right to be Informed of the Nature and Cause of the Accusation against the Accused
● In order for an accused to truly defend himself in open court, he must fully
appreciate and understand the nature and causes of the accusations against him. This
is the reason why an accused must be informed of the nature of the offense charged
against him.
● Otherwise his defense may serve to be futile. Ordinarily during trial, the prosecution
team is the one who presents evidence first. After appreciating the arguments of the
prosecution, the accused will be the next one to present his defense. This is so because
the accused must be informed first of the nature and causes of the accusation against
him.

Trial in Absentia
● There are instances when an accused will escape during the trial of his case or will
not appear during the hearings. In such cases the trial can still commence in
absentia and will likely to result in a conviction because the accused cannot refute the
arguments of the prosecution panel because of his absence. It is important for the
accused to be present during trial so that he can wisely defend himself against the
persecution coming from the public prosecutor.
Here are the requirements of trial in absentia:
1. The accused has already been arraigned
2. He has been duly notified of the trial
3. His failure to appear is unjustified

● The constitutional requirement of being notified or informed of the nature and cause
of the accusation against the accused is satisfied during arraignment.
● It is also in the event of arraignment that the nature and causes of the accusation
against the accused will be relayed to him so that he can prepare himself for trial.
● Since it is in arraignment that the accused is informed of the accusation against him,
arraignment becomes indispensable and without it trial can never commence. Hence,
without arraignment there is no trial in absentia. Trial cannot proceed without the
accused being informed of the nature and causes of the accusation against him. This is
the mandate of the fundamental law.

Right to Speedy, Impartial and Public Trial

● The goal of trial is not speed alone. The observance of due process is more significant
than the expeditious commencement of the trial.
● However, once the accused has been deprived of a speedy trial, and the nature of such
deprivation is vexatious, capricious and oppressive delays, then there is indeed a
violation of the right to speedy trial.
● There is no exact rule to define what should be the duration of criminal proceedings.
It varies from cases to cases and may have different manifestations. Nevertheless, the
test of reasonableness of such delays should be applied.
● A reasonable delay cannot be considered as a violation of the right to speedy trial. A
good example of a lengthy trial but justifiable is the celebrated Ampatuan case where
hundreds of witnesses are presented both by the prosecution and the defense. Each
witness must be crossed examined and will definitely cause the delay of the
proceedings. In such a case there is no unreasonable delay to speak of.
● The right to an impartial trial demands a trial that is free from any prejudice or bias.
Common sense and fairness will dictate that a biased trial is no trial at all.
● A real trial needs the impartiality and neutrality of the trial judge in order to bring
about just decisions. It was also held in one of the cases decided by the Supreme
Court that the judge must not only be to it that the trial impartial but must also appear
impartial as to not attract intriguing curiosity.
● Publicity of the trial is also warranted. This is so because there is a great propensity
for abuses if trials will be conducted in seclusion. The court must see to it that the
doors of the trial court must be open for the public to come in.
● However, this must be done with the observance of the proper decorum inside a trial
court. Nonetheless, there are cases that are not open for the public because of the
sensitivity of such cases. An example of a sensitive case that is not open for the public
are rape cases.

Right to Confrontation
 ● The right to meet the witnesses face to face is often times called the right to
confrontation.
● The accused has the right to meet the witnesses against him during trial. This is so
because it is important for an accused to see the witnesses and examine them. It is but
fair and right that the accused must examine the testimony of the witnesses against
him in order to eliminate the inclination that the witnesses may fabricate false
testimony that can pin down the accused if unchecked. As what was observed by
Justice Cruz, to wit:
○ "It may be added that normally there is less propensity to lie on the part of a
witness when actually confronted by he accused than when a testimony is
given behind his back. Furthermore, the presence of the witnesses at the trial
will enable the court to observe his demeanor and gauge the credibility of his
testimony "

● The right to confrontation during trial is given its highlight during cross examination.
● The accused can and must cross examine all witnesses against him during the time
allotted for cross examination.
● It is in this part of the trial that the accused will ask questions to the witness produced
by the prosecution against him and scrutinize his testimony. Without cross
examination, there could be no weight that can be attributed by the court to the
testimony of such witnesses.

Right to Compulsory Process

● The constitution grants the accused the right to compulsory process to secure the
attendance of witnesses and the production of evidence on his behalf. This is so
because the fundamental law guarantees that the accused can efficiently defend
himself and prove his innocence in open court.
● In consonance with this, the accused is entitled to the issuance of subpoena ad
testificandum and subpoena duces tecum. Subpoena ad testificandum refers to an
order of the court to summon a testimony from a witness while subpoena duces
tecum refers to an order of the court to summon any document that is within the
custody of a person.
● The court upon the request of the accused will issue a subpoena so that the innocence
of the accused could be established by such testimony or document.
○ This right is very significant when witnesses and documents that can prove an
accused's innocence are not within his disposal.
● The person or witness to whom the subpoena was issued must attend the hearing
otherwise he could be cited in contempt of court (disobedience and disrespect). In
such a case, a witness who ignores a subpoena can be arrested just to secure his
testimony.

Continuation of the Story of prosecution of offenses...

Sixth Stage (Bail)

After the accused is arrested, the accused can now request the court to grant him provisional
liberty. This is through bail. When the application for bail is granted and the court allows the
accused to be on provisional liberty, the accused is now temporarily free during the duration
of the trial. However the accused must be present during trial otherwise, his provisional
liberty will be cancelled. If the offense charged is punishable by a capital punishment, then a
hearing will be conducted by the trial court to determine whether the evidence of guilt is
strong or not.

Seventh Stage (Arraignment)

It is in this stage that the accused will be notified formally that there is a case filed against
him in court. Usually it is also in this stage that the accused will enter his plea.

Eighth Stage (Trial proper)

The accused will be given the chance to be heard during trial. It is in trial where the
prosecution and the defense will render their arguments and present their evidence.

Ninth Stage (Judgment)

After trial, the judge will now render his verdict. The judgment could be either conviction or
acquittal.
CHAPTER X: CITIZENSHIP
Citizenship - necessary both carry both rights
Kailangan democratic community
Nationality not necessary carry political rights
Nd siya necessary democratic
We can interchangeably use citizenship and nationality

Nature of Citizenship
Citizenship - membership in a particular political community which is personal and with a
relative permanence in character.
Nd temporary kaya permanence
Membership in a democratixc

● Includes membership in a political community and also its concomitant rights and
responsibilities.
● A right but also a privilege that can only be enjoyed by those willing to bear all the
duties that flow with it.
● An important feature of all civilized nations. All states around the world have their
own set of rules governing citizens.
a) The right to vote
b) Right to be appointed to public office
c) Right to run for public office
d) Right to administer educational institution
e) Right to exploit natural resources
f) Right to operate public utilities
g) Right to manage mass media
h) Right to practice law

Brief History of Citizenship in the Philippines

Outlined by the Supreme Court in the case of Tecson v. COMELEC. To wit:
Aristotle 384 to 322 B.C
● A man who shared in the administration of justice and in the holding of an office.
 ● The concept grew to include one who would both govern and be governed for which
qualifications like autonomy, judgment and loyalty could be expected.
● Citizenship deal with rights and entitlements, together with concomitant obligations
● In its ideal setting, a citizen was active in public life and fundamentally willing to
submit his private interests to the general interest of society,
18th century
● The concept was limited to civil citizenship, which established the rights necessary
for individual freedom, such as rights to property, personal liberty and justice.
19th century
● Include political citizenship, which encompassed the right to participate in the
exercise of political power.
20th century
● Development of social citizenship which laid emphasis on the right of the citizen to
economic well-being and social security.
● An ongoing and final stage of development, in keeping with the rapidly shrinking
global village might well be the internationalization of citizenship.

The Local Setting - from Spanish Times to the Present

● There was no such term as "Philippine citizens during the Spanish regime but
"subjects of Spain" or "Spanish subjects. "
● In church records, the natives were called 'indios', denoting a low regard for the
inhabitants of the archipelago.
● Spanish laws on citizenship became highly codified during the 19th century but their
sheer number made it difficult to point to one comprehensive law.
● Not all of these citizenship laws of Spain, were made to apply to the Philippine
Islands except for those explicitly tended by Royal Decrees.

Novísima Recopilación - Spanish laws on citizenship promulgated in Spain on 16 July 1805.

It remained to be the subject of differing views among experts whether the law was extended
to the Philippines.

Three Royal Decrees were undisputably made applicable to Spaniards in the Philippines.
1. Order de la Regencia of 14 August 1841
2. Royal Decree of 23 August 1868 specifically defining the political status of children
born in the Philippine Islands
3. Ley Extranjera de Ultramar of 04 July 1870, which was expressly made applicable
to the Philippines by the Royal Decree of 13 July 1870.

Spanish Constitution of 1876 - was never extended to the Philippine Islands because of the
express mandate of its Article 89, according to which the provisions of the Ultramar among
which this country was included, would be governed by special laws
It was only the Civil Code of Spain, made effective in this jurisdiction on 18 December
1889, which came out with the first categorical enumeration of who were Spanish citizens. "
(a) Persons born in Spanish territory,
(b) Children of a Spanish father or mother, even if they were born outside of Spain,
(c) Foreigners who have obtained naturalization papers, "
(d) Those who, without such papers, may have become domiciled inhabitants of any town
of the Monarchy.

1898 - state of decline as a superpower. Spain was forced to cede her sole colony in the East
to an upcoming world power, the United States.
● Change in sovereignty, while resulting in an abrogation of all political laces then in
force, would have no effect on civil laws, which would remain virtually intact.

Treaty of Paris on 10 December 1898 between Spain and the United States. Under Article
IX of the treaty, the civil rights and political status of the native inhabitants of the territories
ceded to the United States would be determined by its Congress

● Spanish subjects residing in the territory which Spain by the present treaty
relinquishes or cedes her sovereignty may remain in such territory or may remove
therefrom.
● Retaining in either event all their rights of property, including the right to sell or
dispose of such property or of its proceeds; and they shall also have the right to carry
on their industry, commerce, and professions, being subject in respect thereof to such
laws as are applicable to foreigners.
● In case they remain in the territory they may preserve their allegiance to the Crown of
Spain by making, before a court of record, within a year from the date of the exchange
of ratifications of this treaty, a declaration of their decision to preserve such
allegiance; in default of which declaration they shall be held to have renounced it and
to have adopted the nationality of the territory in which they reside.

Upon the ratification of the treaty, Filipinos did not become American citizens but
ceased to be "aliens" under American laws and were thus issued passports describing them
to be citizens of the Philippines entitled to the protection of the United States.

Philippine Bill of 1902 / Philippine Organic Act of 1902

● The term "citizens of the Philippine Islands" first appeared
● The first comprehensive legislation of the Congress of the United States on the
Philippines
● Citizen of the Philippines was one who was inhabitant of the Philippines, and a
Spanish subject on the 11th day of 1899.
● Inhabitant
○ a native-born habitant
○ an inhabitant who was a native of Peninsular Spain
○ an habitant who obtained Spanish papers on or before 11 April 1899.
 ● All inhabitants of the Philippine Islands continuing to reside, who were Spanish
subjects on the 11th day of April, 1891 and then resided in said Islands, and their
children born subsequent shall be considered citizens of the Philippine Islands who
are entitled to the protection of the United States.
● Except those who elected to preserve their allegiance to the Crown of Spain in
accordance with the provisions of the treaty of peace between the United States and
Spain

Status of Children Born in the Philippines 11 April 1899 to 01 July 1902

● During this period no citizenship law was extant in the Philippines.
● The common law principle of jus soli, also known as the principle of territoriality,
operated in the United States and England, governed those born in the Philippine
Archipelago within that period.

On 23 March 1912 the Congress of the United States made the following amendment to the
Philippine Bill of 1902:

"Provided, That the Philippine Legislature is hereby authorized to provide by law for the
acquisition of Philippine citizenship by those natives of the Philippine Islands who do not
come within the foregoing provisions, the natives of other insular possession of the United
States, and such other persons residing in the Philippine Islands who would become citizens
of the United States, under the laws of the United States, if residing therein.

● With the adoption of the Philippine-Bill of 1902, the concept of Philippine citizens
had for the first time crystallized.
● The word "Filipino" was used by William H. Taft, the first Civil Governor General
in the Philippines when he initially made mention of it in his slogan, "The Philippines
for the Filipinos."

Philippine Autonomy Act / Jones Law

In 1916, restated virtually the provisions of the Philippine Bill of 1902, as so amended by the
Act of Congress in 1912

That all inhabitants of the Philippine Islands who were Spanish subjects on the April 11,
1899, and then resided in said Islands, and their children born subsequently thereto, shall be
deemed and held to be citizens of the Philippine Islands
● except such as shall have elected to preserve their allegiance to the Crown of Spain in
accordance with the provisions of the treaty of peace between the United States and
Spain, signed at Paris December 10, 1899
● except such others as have since become citizens of some other country

The Philippine Legislature is hereby authorized to provide for the acquisition of

Philippine citizenship by those natives of the Philippine Islands who do not come within the
foregoing provisions, the natives of the insular possessions of the United States, and such
other persons residing in the Philippine Islands who are citizens of the United States, or who
could become citizens of the United States under the laws of the United States, if residing
therein.”

Under the Jones Law, a native-born inhabitant of the Philippines was deemed to be a citizen
of the Philippines as of 11 April 1899 if he was
1. a subject of Spain on 11 April 1899
2. residing in the Philippines on said date
3. since that date, not a citizen of some other country.

While there was, at one brief time, divergent views on whether or not jus soli was a
mode of acquiring citizenship, the 1935 Constitution brought to an end to any such link with
common law, by adopting, once and for all, jus sanguinis or blood relationship as being
the basis of Filipino citizenship

Section 1, Article III, 1935 Constitution. The following are citizens of the Philippines
1. Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution
2. Those born in the Philippines Islands of foreign parents who, before the adoption
of this Constitution, had been elected to public office in the Philippine Islands.
3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines and upon reaching the age of
majority, elect Philippine citizenship.
5. Those who are naturalized in accordance with law."

Subsection (4), Article III, of the 1935 Constitution

● Women would automatically lose their Filipino citizenship and acquire that of
their foreign husbands
● Resulted in discriminatory situations that effectively incapacitated the women from
transmitting their Filipino citizenship to their legitimate children and required
illegitimate children of Filipino mothers to still elect Filipino citizenship upon
reaching the age of majority.

Section 1, Article III, 1973 Constitution - The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those who elect Philippine citizenship pursuant to the provisions of the Constitution
of 1995
4. Those who are naturalized in accordance with law."

Section 2 of the same article also further provided that -

 "A female citizen of the Philippines who marries an alien retains her Philippine
citizenship, unless by her act or omission she is deemed, under the law, to have renounced
her citizenship."

The 1987 Constitution generally adopted the provisions of the 1973 Constitution, except for
subsection (3) thereof that aimed to correct the irregular situation generated by the
questionable proviso in the 1935 constitution

Section I, Article IV, 1987, Constitution now provides: "The following are citizens of the
Philippines:
Those who are citizens of the Philippines at the time of the adoption of this Constitution.
Those whose fathers or mothers are citizens of the Philippines.
Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority;
Those who are naturalized in accordance with law.

General Modes of Acquiring Citizenship

1. Citizenship can be acquired by birth - citizenship can be determined by the principles of
jus soli or jus sanguinis.
a. Jus Soli - citizenship is determined by the place of birth. An example of this is the
United States. Anyone who is born in a country adhering to this principle will be
regarded as a citizen of that country.
b. Jus Sanguinis - citizenship is determined by blood relationship. An example of a
country adhering to this principle is the Philippines.

2. Citizenship can be acquired by naturalization - citizenship is acquired through a legal

or administrative process.

3. Citizenship can be acquired by marriage - In some states, marriage can be a form of

acquiring citizenship. It happens when a citizen of a particular country adhering to this mode
marries a foreigner. The foreigner spouse then becomes a citizen of that country.

In the Philippines, citizenship can be acquired by birth through principle of jus

sanguinis and by naturalization.

Who are Filipino Citizens?

Section I, Article IV The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those born before January 17, 1973 of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
 4. Those who are naturalized in accordance with law.

● The 1987 constitution was adopted on February 2, 1987.

● Those who are already Filipino citizens during that time are still considered to be
Filipino citizens under the new constitution.
● So in case an individual was born in 1970, then the constitution that governs his
citizenship is the 1935 constitution because he was born during the effectivity of that
constitution.

Citizen in the 1935 constitution

Section 1, Article III The following are citizens of the Philippines
1. Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution
2. Those born in the Philippines Islands of foreign parents who, before the adoption
of this Constitution, had been elected to public office in the Philippine Islands.
3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines and upon reaching the age of
majority, elect Philippine citizenship.
5. Those who are naturalized in accordance with law."

Citizen in the 1973 constitution

Section 1, Article III The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this
Constitution.
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those who elect Philippine citizenship pursuant to the provisions of the Constitution
of 1995
4. Those who are naturalized in accordance with law."

Those whose fathers or mothers are citizens of the Philippines

● Paragraph 2 refers to the children of Filipino parents.
● It is in this provision that the principle of jus sanguinis was adopted in the 1987
Philippine constitution.
● Children of Filipino parents are considered to be natural born Filipino citizens.
● It is not necessary that both parents are Filipino citizens. Even if only one of the
parents is a Filipino citizen will be enough to satisfy the condition provided in the
constitution.
● Examples:
○ Juan and Juana are Filipino citizens. They had a son named Pedro. Pedro is a
natural born Filipino citizen regardless of his place of birth.
○ Maria is married to Sam who is a foreigner. They had a son named Peter. Peter
is a natural born Filipino citizen regardless of the place of his birth.
Those born before January 17, 1973, of Filipino mothers, who elect Philippine
Citizenship upon reaching the age of majority
● Paragraph 3 of section 1 provides that those who were born before January 17 1973 of
Filipino mothers can be considered as natural born Filipino citizens only if they elect
or formally choose to become a Filipino citizen upon reaching the age of
majority.
● This provision has a special reference to those born during the effectivity of the 1935
Philippine constitution. This is so because those born during the 1935 constitution of
Filipino mothers married to a foreigner father only has an inchoate right of being a
Filipino citizen.
● A child born of such circumstances must formally choose or elect Philippine
citizenship upon reaching the age of majority.
○ Children can elect Philippine citizenship within the span of three years from
the attainment of the age of majority.

Those who are naturalized in accordance with law

● Naturalization is the act of formally adopting a foreigner into the political body
of a nation by clothing him or her with the privileges of a citizen.
● Process by which a foreigner voluntarily acquires Filipino citizenship by
undergoing a legal process of naturalization or it can happen involuntarily when it
is by operation of law.
● Naturalization can be either direct or derivative.

Naturalization is not privilege or not karapatan

Direct naturalization is taken effect by:

1. An individual through judicial or administrative proceedings
2. A special act of legislature
3. A collective change of nationality, as a result of cession or subjugation (En Masse
Naturalization)
4. In some case, by the adoption of orphan minors as nationals of the state where they
were born

Derivative naturalization is conferred on:

1. The wife of a naturalized husband
2. The minor children of the naturalized parent
3. The alien woman upon marriage to a national

Under the Philippine laws, direct naturalization can take place under three circumstances.
These are:
1. Judicial naturalization under Commonwealth Act No. 473 as amended.
2. Administrative naturalization under Republic Act No. 9139
3. Legislative naturalization in the form of a law enacted by congress bestowing
Philippine citizenship to an alien.
Section 2 Qualifications
Subject to section four of this Act, any person having the following qualifications may
become a citizen of the Philippines by naturalization:
1. He must be not less than twenty-one years of age on the day of the hearing of the
petition
2. He must have resided in the Philippines for a continuous period of not less than ten
years
3. He must be of good moral character and believes in the principles underlying the
Philippine Constitution, and must have conducted himself in a proper and
irreproachable manner during the entire period of his residence in the Philippines in
his relation with the constituted government as well as with the community in which
he is living.
4. He must own real estate in the Philippines worth not less than five thousand pesos,
Philippine currency, or must have some known- lucrative trade, profession, or lawful
occupation;
5. He must be able to speak and write English or Spanish and any one of the
principal Philippine languages
6. He must have enrolled his minor children of school age, in any of the public schools
or private schools recognized by the Office of Private Education of the Philippines,
where the Philippine history, government and civics are taught or prescribed as
part of the school curriculum, during the entire period of the residence in the
Philippines required of him prior to the hearing of his petition for naturalization as
Philippine citizen.

Section 3 Special Qualifications

The ten years of continuous residence required under the second condition of the last
preceding section shall be understood as reduced to five years for any petitioner having any
of the following qualifications:
1. Having honorably held office under the Government of the Philippines or under
that of any of the provinces, cities, municipalities, or political subdivisions
2. Having established a new industry or introduced a useful invention in the
Philippines
3. Being married to a Filipino woman;
4. Having been engaged as a teacher in the Philippines in a public or recognized
private school not established for the exclusive instruction of children of persons of a
particular nationality or race, in any of the branches of education or industry for a
period of not less than two years
5. Having been born in the Philippines

Section 4 Who are Disqualified

Philippine citizens: The following cannot be naturalized as
 1. Persons opposed to organized government or affiliated with any association or
group of persons who uphold and teach doctrines opposing all organized
governments;
2. Persons defending or teaching the necessity or propriety of violence, personal
assault, or assassination for the success and predominance of their ideas;
3. Polygamists or believers in the practice of polygamy;
4. Persons suffering from mental alienation or incurable contagious diseases;
5. Persons who, during the period of their residence in the Philippines, have not
mingled socially with the Filipinos, or who have not evinced a sincere desire to learn
and embrace the customs, traditions, and ideals of the Filipinos;
6. Citizens or subjects of nations with whom the United States and the Philippines are
at war, during the period of such war;
7. Citizens or subjects of a foreign country other than the United States whose laws do
not grant Filipinos the right to become naturalized citizens or subjects thereof

Section 7 Petition for Citizenship

● Any person desiring to, acquire Philippine citizenship shall file with the competent
court
● A petition in triplicate, accompanied by:
○ two photographs of the petitioner
○ setting forth his name and surname
○ his present and former places of residence
○ his occupation
○ the place and date of his birth
○ whether single or married
○ the father of children
○ the name, age, birthplace and residence of the wife and of each of the children
○ approximate date of his or her arrival in the Philippines
○ the name of the port of debarkation
○ if he remembers it, the name of the ship on which he came
○ a declaration that he has the qualifications required by this Act,
■ he is not disqualified for naturalization under the provisions of this
Act
■ He has complied with the requirements of section five of this Act;
■ He will reside continuously in the Philippines from the date of the
filing of the petition up to the time of his admission to Philippine
citizenship.
○ The petition must be signed by the applicant in his own handwriting and be
supported by the affidavit of at least two credible persons
■ stating that they are citizens of the Philippines and personally know the
petitioner to be a resident of the Philippines for the period of time
required by this Act
■ a person of good repute and morally irreproachable
 ■ that said petitioner has in their opinion all the qualifications necessary
to become a citizen of the Philippines
■ not in any way disqualified under the provisions of this Act.
○ The petition shall also set forth the names and post- office addresses of such
witnesses as the petitioner may desire to introduce at the hearing of the case.
○ The certificate of arrival, and the declaration of intention must be made part of
the petition.
Natural Born Citizens
The constitution provides that:
● Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine
citizenship.
● Those who elect Philippine citizenship in accordance with paragraph (3), Section
1 hereof shall be deemed natural- born citizens.

Loss and Reacquisition of Citizenship

Philippine citizenship may be lost or reacquired in the manner provided by law.

● The state has the right to regulate it and may even deny it as in the case of
naturalization proceeding.
● As a general rule, citizenship may be lost but only through an express
renunciation as in the case of a Filipino citizen who applies for citizenship in a
foreign country which has the effect of expressly renouncing his Filipino citizenship.
Loss of citizenship entails that the former citizenship has already been stripped and
the former citizen no longer enjoys the benefits of a citizen.

These are the ways by which citizenship may be lost:

1. By Naturalization in a foreign country - this means that a former citizen will
undergo the legal requirement in the state where he is applying for citizenship.
2. By express renunciation of citizenship - it means a renunciation is mad known
distinctly and explicitly and not left to inference or implication.
3. By subscribing to an oath of allegiance - this happens when an applicant swears an
oath to defend the constitution of another state.
4. By renderings services to or accepting commission in the armed forces of a
foreign country - this takes place when a Filipino is hired or is commissioned by
another state to serve in its armed forces.
5. By cancellation of the certificate of naturalization - In a naturalization proceeding,
an applicant must possess all the qualifications and none of the disqualifications in
order to qualify. Having the disqualifications will result in the cancellation of
naturalization.
6. By having been declared by competent authority a deserter of the Philippine
armed forces in time of war - A member of the armed forces who deserts his team
may be declared by a competent authority to have lost his citizenship
Citizens who Marry Aliens
Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their
act or omission they are deemed, under the law, to have renounced it.

In the old law, Filipinas who marry foreigners automatically acquires the citizenship of the
husband if the law of the foreigner husband permits it. However under the present legal
system and as declared by the constitution, a Filipina who marries a foreigner shall retain her
citizenship unless she decides to renounce it expressly. This is to protect Filipino women
who marry foreigners and decide abandon them afterwards leaving them stateless
without the said constitutional grant.

Dual Citizenship and Dual Allegiance

Dual citizenship
● allowed by the fundamental law
● result of two states that have conflicting laws on citizenship
● Example: the first state adheres to the principle of jus sanguinis while the second state
adheres to jus soli. If Juan has Filipino parents but was born in the US which is a state
that adheres to jus soli, then Juan is a dual citizen. He became a dual citizen not
because he wanted it but because of conflicting state laws which are not under his
control.

Dual Allegiance
● inimical to public policy and therefore prohibited by the constitution.
● when a citizen of a state pledges his allegiance to another state.
● This happens when a citizen applies for citizenship in another country which will
require him to pledge his loyalty to that state. In such a case, the said citizen has
renounced his former citizenship.
● Dual allegiance takes place when an individual voluntarily decides to quit his
citizenship and apply for a new one with another state

CHAPTER XI THE PHILIPPINE GOVERNMENT

The Pre-Hispanic Period
● Philippines during the pre-Hispanic period was not yet amalgamated under a one
political banner.
● There is no unified political system that will serve as the seat of civilization where it
will be protected, practiced and developed.
● There was no Philippines before the arrival of the foreigner invaders.
● Before the arrival of the Spaniards already possess a certain degree of political and
social civilization.
● The prevailing governmental structure at that time was the Barangay system. The
Philippines during that time was composed of different fragmented Barangays which
oftentimes were waging wars against each other.
 ● There was nothing that binds them into one solid political kingdom.
● Tribal wars were the expected outcome of this disjointed system of governance.
● The prevailing system was everyone was striving for his own sake only and not for
the sake of the entire archipelago. These are the reasons why the Philippines became
an easy prey for the imperialistic foreign invaders.

The Arrival of the Spaniards

15th to 16th Century
● Starting point of the golden age of navigation.
● European Kingdoms are starting to expand their territories by exploring unknown
lands. There was a strong clamor among the Europeans for gold and spices. Both of
these things can be found in the east.
● Two powerful kingdoms in Europe, these are Spain and Portugal. These two states
driven by their passion to propagate Christianity and acquire wealth were
motivated to go to the orient and explore unfamiliar terrains.
● The Spaniards, headed by Ferdinand Magellan, sailed to the Philippines and landed
on Cebu on March 16 1521.
● They saw in the Philippines was a divided race constantly warring against each other
which is the reason why the ancient Filipinos were easily befriended by the Spaniards
except for the proud datu of Mactan Lapu-Lapu who resisted foreign rule.
● Lapu- lapu, the first Filipino hero was successful in defeating the troupes of
Magellan. The battle resulted in the death of their captain and navigator
Ferdinand Magellan.
● The defeat of the Spaniards in the famous battle of Mactan delayed the colonization
of the Philippines by the Spanish crown for about 4 decades.
● In the 1560's, the Spaniards were able to establish a colonial government in the
Philippines. It was under the leadership of Miguel Lopez de Legaspi that the
Philippine archipelago was finally unified but this came with a great price and the
price to be paid was none other than the freedom enjoyed by the ancient Filipinos.

The Philippines under Spanish Rule

● The Philippines was governed by the King of Spain through his representatives
here in the Philippines and this representative is called the governor general.
● Even though it was the King who serves as the highest governmental authority in the
Philippines, the king nonetheless was never able to step foot in Philippine soil.
This was one of the many reasons why the Philippines was mismanaged and
overlooked. Because of such maladministration, social and political problems
ascended into the level of a social cancer.
● There was also fusion of the church and the state at the time and because of this the
friars became very powerful and influential. Even the governor general owes
obedience to the mandates of the friars.
● As we all know, absolute power corrupts absolutely.
Frailocracy
● Suggested by Marcelo H. Del Pilar
● Describing such friar rule
● With this setup, corruption became widespread and when there is corruption, evil
things will surely follow such as abuses, cruelty, oppression and immorality. These
social conditions will tend to nourish the idea of freedom, justice, rights and soon
revolution will be ripe for the taking.

The Influx of Liberal Ideas

● The Spaniards have colonized us for about 333 years, about more than three
centuries.

19th Century
● The age of enlightenment that was kick started by the French Revolution was
spreading like wildfire and is evident in many European countries.
● There was a time in Spain that the liberals were able to defeat the conservatives and
in effect ousted the Spanish monarch.

Secularization - religious values and beliefs are recouped with non-religious values and
beliefs

Secularization Movement
● The call for secularization was becoming stronger and stronger in the Philippines
because everybody knows that the roots of most evils in the society were the too
much influence of the friars both in the political and social spectrum.
● This movement was spearheaded by the three martyr priests known as
GOMBURZA.
● Aims that the friars should be removed from the Philippines and should be replaced
by Filipino priests.

★ Things continued to stir up and later on because of the victory of the liberals in Spain,
a liberal governor general was assigned in the Philippines.
★ Gov. Gen. Carlos Ma. dela Torre, the liberal governor general, introduced reforms
in the Philippines.
○ The reforms introduced were greatly enjoyed by the workers in the cavity
depot.
★ The conservatives were able to regain control and removed dela Torre as the governor
general. This turn of events greatly affected the Philippines for the liberal governor
general was replaced by a ruthless and cruel one.
★ These events prompted the Cavite workers to stage a mutiny that was easily
quelled by the Spaniards.
 ★ The GOMBURZA were implicated as the leaders of the mutiny and was sentenced
to be executed in public. This public execution instead of fostering fear in the hearts
of Filipinos hatred became the outcome which served as the seeds of nationalism.
★ In the 19th century the Suez Canal was opened. This paved the way for the
enlightened Europeans to visit the Philippines. The Philippines was no more far flung
from Spain and the other European states. In such an instance, the liberal ideas
brought about by the age of enlightenment were transported to the Philippines.

The Rise of the Ilustrados

● The Philippines due to foreign influences was little by little becoming industrialized.
● This, new opportunities paved way for the rise of the middle class or the so called
ilustrados.
● These ilustrados have families that are capable of sending them to school and some of
them even went to Spain to study.

Propaganda Movement / Campaign for Reforms

● Started by Filipinos gathered together in Spain
● Prominent members of the movement were Jose Rizal, Marcelo H. del Pilar,
Graciano Lopez Jaena, the Luna Bothers and Jose Ma. Panganiban.
● The propaganda movement aimed not for complete liberation but for assimilation.
This is so because they believed that the Philippines was not yet ready for self-
governance due to ignorance in the affairs of the government.
● Assimilation means that the Philippines will be integrated as a province of Spain.
● This is beneficial for Filipinos because Filipinos will be treated not anymore as
second grade citizens but as equals of the Spaniards.
○ Filipinos will also be allowed to go to school and will be represented in the
Spanish Cortes.
● Propaganda movement was short-lived as the Spaniards remained deaf to the cries
for reforms. Support and funding were withdrawn from the movement by its
Filipino benefactors.
● Without financial aid, the propaganda movement was soon disbanded.

The Revolution
● The propaganda movement was not a complete exercise of futility for even if it was
not victorious in its campaign for reforms, it was successful in opening the minds
and hearts of some Filipinos
● The propaganda movement served as the bridged for the liberal ideas to reach the
Philippines.
● The reformists provided for the nourishment needed by the starved intellects of the so
called Indios. When the intellect was fed, ideas flourished. The flourishing of these
ideas was concentrated on the cravings for freedom.

La Liga Filipina
 ● Rizal founded after when he returned to the Philippines
● He wanted the Filipinos to join the fight for reforms.
● Was shortlived because after its founding, Rizal was immediately arrested and was
exiled to Dapitan.

Katipunan
● Founded by Andres Bonifacio together with some Filipinos to defend the country
● Different from the propaganda movement in membership and in orientation
● The katipunan, unlike the propaganda movement which was composed of ilustrados,
was composed of the members of the masses.
● The katipuneros came from the grassroots who aimed not for reforms but for total
liberation.
● At first the katipunan was a secret society until its numbers grew by the day into
thousands. Such a number can no longer be contained and soon it was discovered by
the Spanish authorities.
● When the revolution exploded the Filipinos headed by their leaders fought bravely but
it was to no avail. The Filipinos were defeated by the Spaniards and by the surrender
of Gen. Emilio Aguinaldo, the revolution was finished.

The American Occupation and the 2nd World War

● The Americans joined the carnage in the Philippines when it declared war against
Spain.
● Their initial pronouncement was to aid the Philippines in its campaign against the
Spaniards.
● However when the Spaniards were already defeated and were no longer considered as
a threat in the Philippines, they began to unfold their hidden agenda which is to
invade and occupy the Philippines.
● The Filipinos tried to resist the might of the United States but the colonizers are very
strong. Soon the Filipino fighters were obliterated by the strength of American
artilleries and military strategies. The Filipino- American war came to an end with the
Americans as the winners.
● US started their initial moves to formalize their stay in the Philippines by issuing
laws that will govern the country.

Commonwealth Government
● Established in 1935, for a 10 year transition period.
● After ten years the Americans will return to the Filipinos their long lost freedom.
● World War II erupted. Japan teamed up with Nazi Germany and started invading the
Philippines. Because America cannot fight two wars at the same time it has to let go
of the Philippines and go to Europe and face Germany in the front lines.
 ● With that General Douglas McArthur uttered his famous remark, "I shall return" as a
promise to the Filipinos who were left suffer the cruelty of the Japanese.
● After three years, the allied forces led by the Americans were able to defeat the
axis powers lead by Germany in Europe and Japan in Asia.
● The United States rallied its forces back to the Philippines and started their campaign
to liberate the Philippines from the Japanese. Little by little the places occupied by the
Japanese soldiers were being liberated one by one. Soon the Philippines was Japanese
free.
● The Japs driven by their loyalty to the bushido code still did not want to surrender.
As a result of their stubbornness to bow down to American rule, US soon launched its
greatest weapon, a weapon of mass destruction, the atomic bomb. The Japanese
after the bombing of Hiroshima and Nagasaki not only surrendered but they knelt
down before the might of the United States. That ended World War II.
● In 1946, America relegated sovereignty back to its real owners, the people of the
Philippines.

The Philippine Government at Present

● The Philippines right now is under a presidential system of government.
● As distinguished from a parliamentary government which has the mechanism of
fusion of executive and legislative powers, a presidential system operates under the
mechanism of separation of powers.
● Separation of powers means that the powers of the three branches of the
government namely executive, legislative and judiciary are separated from each other.
These branches of the government cannot just interfere with the affairs of the other
branches of the government.
● The Philippine government also operates under the pretext of the principle of checks
and balances.
● Check and Balances is the machinery that oversees the functions of the different
branches of the government by keeping at bay the three branches so that they will
not become more powerful than the other branches.
○ If one branch becomes too powerful, then this branch can already encroach
upon the prerogatives of the other branches with the effect of destroying the
contrivance of the equality among the three branches of the government.

The Principle of Separation of Powers

● Essential to the current governmental system of the Philippines.
● It is enshrined in the constitutional legacy of the Philippines and is inculcated in the
1987 constitution.
● Philippines follow the presidential system of government due to the influence of the
American constitutional structure.
● Philippine constitutional tradition is greatly the predisposed by the American
constitution and jurisprudence.
 ● Separation of powers is a characteristic of a presidential form of government.
Because of these circumstances, the principle of separation of powers overtime
became the dynamics of Philippine politics.
● Separation of powers entails that the three branches are considered as co-equal
branches and that no one is over and above are the other branches.
● No single branch reigns supreme over the other branches.
● Separation of powers also dictates that the three co-equal branches of the government
have distinct powers, functions and responsibilities to the Philippine government.

Legislative Branch
● Power to enact laws that will bind the entire republic.
● This power to legislate is lodged within the Philippine Congress composed of the
Senate as the upper house and the House of Representatives as the lower House.

Executive branch
● Headed by the president has the power to execute or enforce the laws that were
legislated by the Congress.

Judiciary Branch
● Applies the law whenever there are issues or controversies pending before it. In the
course of applying the law, the Judiciary also interprets the law.
● Judicial power rests upon the Supreme Court and all other lower courts.

★ By virtue of the principle of separation of powers, the three branches of the

government cannot encroach upon the prerogatives of the other branches.
Otherwise it will result in a violation of the constitutional principle of separation of
powers and will leave the courts no choice but to declare such encroachment activity
as invalid for being unconstitutional.
★ To illustrate, the congress which has the power to legislate cannot perform the powers
and functions of the other two branches such as the enforcement powers of the
executive and the power to apply the law of the judiciary.
★ The different realms of the three branches of the government are exclusive for them
respectively.
★ Non-interference is a must to guarantee harmonious cohabitation among the three
branches of the government.

The Principle of Checks and Balances

● It is a measure to safeguard the peaceful relationship among the branches of the
government. Without it, it will be difficult to uphold balance and harmony in
Philippine politics and governance.
● It will be a predicament to discuss checks and balances without knowledge of
different constitutional principles because the rules concerning checks and balances
are scattered in different provisions of the 1987 Philippine constitution.
 ● Checks and balances limit the powers of the branches of the government.
● This device is the one responsible for holding the government into its proper place.
● It provides the different mechanisms to be observed by the branches of the
government.
● The branches will check the powers of the other branches so that no single
branch will reign supreme over the other branches.
● It prohibits a single branch from becoming too powerful which could result in anarchy
or a dictatorship.

● Examples:
○ Power of congress to impeach the president and members of the Supreme
Court
○ Power of judicial review
○ President's power to veto a bill passed by the congress

National Government and LGU's

● The Philippines operates under the pretext of unitary form of government.
● The national government has a stronger degree of control over the local affairs in a
unitary form of government.
● In the Philippines, the national government headed by the chief executive merely
exercises the power of general supervision over local government units and not
the power of control.
● The president cannot simply interfere with the affairs of LGU's unless the local
government units are no longer fulfilling their legal responsibilities and is therefore
transgressing the law.
● A local government unit operates under the virtue of local autonomy and is given
a certain degree of freedom to govern their own state of affairs.
● The end goal of such a structure is partnership between the national government
and local government in order to achieve progress both in the national and local
sphere.

CHAPTER XII THE LEGISLATIVE BRANCH

The Power to Legislate
● Power to propose, enact, amend and repeal laws or statutes.
● Laws preserve order and abate chaos and anarchy in all states, organized groups and
institutions.
● Laws create social order in a state through which the people are governed.
● Legislation is the process of lawmaking it is the Philippine Congress this.

Article VI section 1 of the constitution states that:

The legislative power shall be vested in the Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except the extent reserved to the people by the
provision on initiative and to referendum.
 ● Legislation can be performed by Congress and the people themselves.
○ Congress legislates because it is their purpose and there are instances when the
people are given the opportunity to enact laws both in the national and local
setting.

Section 32 of Article VI
The Congress shall, as early as possible, provide for a system of initiative and referendum,
and the exceptions therefrom, whereby the people can directly propose and enact laws or
approve or reject any act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefore signed by at least ten per centum of the
total number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters thereof.

RA no. 6735 - An act providing for a system of initiative and referendum

Initiative
○ power of the people to propose amendments to the constitution
○ propose legislation in an election called for that purpose.
○ Exercised on the local level through the proposal of the people of ordinances
respective local government units.

Referendum is the perquisite of the electorate (people) to approve or reject a proposed

law both in the national and local setting.

Two kinds of Legislative Power

1. Original Legislative Power - power of the sovereign people to enact laws
● The power to legislate generally belongs to the people that is why even if the
people already elected their representatives, there are still modes wherein they
can exercise legislative power.
2. Derivative Legislative Power - power to enact laws delegated by the sovereign
people to their elected representative which is the Philippine congress.

● Ordinary Legislative Power - power to legislate ordinary laws or statutes

● Constituent Legislative Power - power to amend or revise the constitution

Limitations to Legislative Power

● Substantive limitation - content of the law
○ Any law legislated by congress must not contravene any constitutional
doctrine otherwise it will be declared as invalid and may not have any legal
effect.
○ Laws must be reasonable and not capricious in nature or else it could violate
the due process clause in the constitution.
 ● Procedural Limitation - manner on how the law was passed
○ There are constitutional provisions and laws to be observed in lawmaking in
order for any statute to be procedurally valid.
○ The legislative process is an arduous undertaking and it needs compliance
with the rules set by not less than the constitution itself.

The Philippine Congress

● Seat of legislative power
● Tasked to legislate on statues that will provide for social ordering of the entire
society.
● Bicameral congress is composed of the upper house (senate) and lower house (house
of representatives)
● Unicameral congress - composed of a single house
● Disadvantages of Bicameral - Legislation is slower because there two houses that
will scrutinize the bill
● Advantages of Bicameral - more democratic because both national and district
constituents are represented in lawmaking.
● The Senate represents national constituents and HOR represents constituents of
different legislative districts.

Senate
● Upper house
● Elected by the entire voting population

Membership in the Senate

Art. VI Sec. 2 - The senate shall be composed of 24 senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law.

● Every election only the 12 senators will be replaced because of the staggered nature of
replacement of senators. New senators will be guided by the old sets of senators.

Qualifications
1. Natural-born citizen
2. At least 35 years old on the day of the election
a. Not necessary 35 years old on the day of filing of certificate of candidacy.
3. Able to read and write
a. Not required exact educational attainment.
4. Registered voters
a. He can be registered voters anywhere in the Philippines
5. Resident of the Philippines not less than 2 years immediately preceding the day of the
election.
a. He can be a resident anywhere in the Philippines
Term of Office
Art. VI. Sec. 4
The term of office of the Senators shall be six years and shall commence, unless otherwise
provided by law, at noon on the thirtieth day of June next following their election. No
Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an interruption in the continuity of his
service for the full term of which he was elected.

● The term of office of a senator is 6 years, he can be reelected for not more than 2
consecutive terms.
● A senator can resign or renounce his office anytime but he cannot continue his tenure
for the unexpired term because such act is not considered as interruption to his term.
● Tenure can be shorter or longer but the term prescribed by the constitution cannot be
altered.
● When an elective official filed a certificate of candidacy for another office he
voluntarily cut his tenure not his term. The term remains and his successor, if any, is
allowed to serve its unexpired portion.

House of Representative
● Lower House
● 250 representatives when 1987 constitution became operational
● There are duties and functions that can only be done by HOR

Member in the House

1. House of Representatives shall be composed of not more than 250 members unless
fixed by law
a. Elected from legislative districts apportioned among provinces, cities, and
Metropolitan Manila area in accordance with the number of their inhabitants,
and basis of a uniform and progressive ratio
b. Elected through a party-list system of registered national, regional, and
sectoral parties or organizations.
2. Party-list Representatives shall constitute twenty per centum of the total number of
representatives including those under the party list.
a. For 3 consecutive terms after the ratification of this constitution, ½ of the
seats allocated to party-list representatives shall be filled, by selection or
election from the labor, peasant, urban poor, indigenous cultural communities,
women, youth, and other sectors except the religious sector.
3. Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least two hundred fifty
thousand, or each province, shall have at least one representative.
4. Within 3 years after the return of every census, congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
(Art. 6 Sec. 5)
The House of Representatives is composed of the following members coming from:
1. District Representatives - elected from legislative districts which compose the greater
volume of membership in the lower house
● Apportionment shall be according to the number of inhabitants in each legislative
district on the basis of uniform progressive ratio.
● It shall also comprise as far as practicable, contiguous, compact, and adjacent
territory.
● Each city with a population of at least two hundred fifty thousand, or each province,
shall have at least one representative.
● Within 3 years after the return of every census, congress shall make a
reapportionment of legislative districts based on the standards provided in this section
to ensure that the population of each district is commensurate to the number of its
representatives.

2. Party-list Representatives - constitute 20 per centum of the total number of membership

in the HOR
● Elected through a party-list system of registered national, regional, and sectoral
parties or organizations.

3. Sectoral Representatives - Required by the constitution 3 consecutive terms after the

ratification of this constitution, ½ of the seats allocated to party-list representatives shall be
filled, by selection or election from the labor, peasant, urban poor, indigenous cultural
communities, women, youth, and other sectors except the religious sector.
● Until a law is passed, the President may fill by appointment from a list of nominees
by the respective sectors, the seats reserved for sectoral representation. These
appointments will still be subject to the confirmation by the Commission of
Appointments. But it is no longer applicable today due to passage of time.

XV THE INDEPENDENT CONSTITUTIONAL COMMISSIONS

Article 9 : The independent constitutional commission are:

1. Civil Service Commission
2. Commission on Elections
3. Commission on Audit

● Independent from the 3 branches

● They have their own power and functions provided by the constitution.
● Cannot be abolished without a constitutional revision.
● Concrete and permanent
● The reason of creation subsumed (include) in the importance of the unbiased character
of their specialized functions.
○ Civil Service Commission - screening and taking care of the employees of the
government to not jeopardize the noble position.
 ○ Commission on Elections - make sure that every election is conducted in a
constitutional and legal way.
○ Commission on Audit - has the power to audit the expenses of the
government to protect the public funds against arbitrary and illegal spending

Common Principles among the Constitutional Commissions

Prohibitions (Art. IX A Sec. 2)

No member of a Constitutional Commission shall:
1. Shall not hold any other office or employment during his tenure
2. Engage in the practice of any profession.
3. Engage in the active management or control of any business which in any way may be
affected by the functions of his office.
4. Shall not be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its subdivisions,
agencies, or controlled corporations or their subsidiaries.

Salary (Art. IX A Sec. 2)

● Salary of the chairman or the commission and each commissioner is fixed by law.
● Congress has the power to determine the salaries of chairman and commissioners.
● The salary of chairman and commissioners cannot be deceased during their tenure.

Appointment of Officials and Employees (Art. IX A Sec. 4)

● Appointment of Officials and employees is undertaken by the commission concerned
and not by any other branch of the government.
● Appointment must be in accordance with the civil service law.

Fiscal Autonomy (Art. IX A Sec. 5)

● Fiscal Autonomy means that their annual budget cannot be withheld (refuse to give)
by the congress or the president
● Designated budget for the commissions shall be automatically and regularly released
to them.

Rule-making Power (Art. IX A Sec. 6)

● Each commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices.
● Rules promulgated by the commissions cannot diminish, increase or modify any
substantive right given birth to by a substantive law.

Decisions (Art. IX A Sec. 7)

● Any case or matter brought before each commission shall be decided by a majority
vote of all its members.
 ● For a speedy disposition of cases it is required by the constitution that each matter
brought to the commission must be decided within a sixty-day period from the day of
the submission for decision or resolution.
● Immediate decision could lead to an injustice caused by hastiness of the decision that
is why a case or matter is deemed submitted for decision or resolution upon the filing
of the last pleading, brief, or memorandum required by the rules of the commission.
● After the commission rendered its decision, order, or ruling it may be brought to the
Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a
copy.

Civil Service Commission

Composition (Art. IX B Sec. 1)

1. Chairman and two Commissioners appointed by the president for a term of seven
years without reappointment.
2. Appointment shall be subject to the approval of the Commission on Appointments
a. In case of vacancy of chairman and commissioners, appointments filling such
vacancy shall be only for the unexpired term.
b. No member be appointed or designated in a temporary or acting capacity.

Qualifications
1. Natural-born Filipino Citizen
2. At least 25 at the time of appointment
3. Proven capacity for public administration
4. Not a candidate for any elective position in the election immediately preceding their
appointment

Purpose and Objectives (Art. IX B Sec. 3)

1. Civil Service Commission is the Government's central personnel agency
2. Duty is to oversee and supervise the employees and officials of the government
3. Mandated by the constitution to establish career service and adopt measures to
promote morale, efficiency, integrity, responsiveness, progressiveness and courtesy in
the civil service.
4. Tasked to strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalise a management
climate conducive to public accountability.
5. The Commission must make sure that the structure of public service is at all times
accountable not only to the constitution but to the entire Filipino nation.

Other Rules Concerning the Civil Service Commission (Art. IX B Sec. 2)

1. The civil service embraces all branches, subdivisions, instrumentalities, and agencies
of the Government, including government-owned or controlled corporations with
original charters.
 2. Appointments in the civil service shall be made only according to merit and fitness to
be determined, as far as practicable, and, except to positions which are policy-
determining, primarily confidential, or highly technical, by competitive examination.
3. No officer or employee of the civil service shall be removed or suspended except for
cause provided by law.
4. No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.
5. The right to self-organization shall not be denied to government employees.
6. Temporary employees of the Government shall be given such protection as may be
provided by law.

Compensation of Government Officials and Employees (Art. IX B Sec. 5)

● Congress is mandated by the constitution to provide for the standardization of
compensation of government officials and employees.
● Including those in government-owned or controlled corporations with original charter
● The compensation must consider the nature of the responsibilities pertaining to and
the qualifications required for their positions.

Disqualifications and other Prohibitions (Art. IX B Sec. 6)

● A candidate who has lost in any election cannot be appointed to any office in the
government or any government-owned or controlled corporation or in any subsidiaries
within 1 year after such election.
● (Art. IX B Sec. 7) Incumbent elective official can no longer be appointed for any
appointment or designation in any capacity to any other public office during his
tenure.
○ Appointive officials should not hold any other position in the government
unless provided by law.
● (Art. IX B Sec. 8) No elective or appointive public officer or employee shall receive
any kind of additional, double or indirect compensation unless specifically allowed by
law
○ Also extend to any kind of present, emolument, office or title of any kind from
a foreign government unless congress allows.

The Commission on Elections

Composition (Art IX C Section 1)

1. Chairman and 6 Commissioners

Qualifications (Art IX C Section 1)

1. Natural-born Filipino Citizen
2. 35 on the day of appointment
3. Holder of a college degree
4. Not have been a candidate in the immediately preceding election
 5. Majority of the members including the Chairman must be members of the Philippine
Bar who have been engaged in the practice of law for at least 10 years.

Appointment (Art IX C Section 1)

● Members and the Chairman shall be appointed by the president for a term of seven
years.
● Once a member and a chairman have been appointed, they can no longer be
reappointed by the president.
● No member shall be appointed in a temporary or acting capacity.

Powers of the Commission (Art IX C Section 2)

1. Enforce and administer all laws and regulations relative to the conduct of an election,
plebiscite, initiative, referendum, and recall.
2. Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials, and
appellate jurisdiction over all contests involving elective municipal officials decided
by trial courts of general jurisdiction, or involving elective barangay officials decided
by trial courts of limited jurisdiction.
a. Decisions, final orders, or rulings of the Commission on election contests
involving elective municipal and barangay offices shall be final, executory,
and not appealable.
3. Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places, appointment of
election officials and inspectors, and registration of voters.
4. Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the Philippines,
for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible
elections.
5. Register, after sufficient publication, political parties, organizations, or coalitions
which, in addition to other requirements, must present their platform or program of
government, and accredit citizens' arms of the Commission on Elections. Religious
denominations and sects shall not be registered. Those which seek to achieve their
goals through violence or unlawful means, or refuse to uphold and adhere to this
Constitution, or which are supported by any foreign government shall likewise be
refused registration.
a. Financial contributions from foreign governments and their agencies to
political parties, organizations, coalitions, or candidates related to elections,
constitute interference in national affairs, and, when accepted, shall be an
additional ground for the cancellation of their registration with the
Commission, in addition to other penalties that may be prescribed by law.
6. File, upon a verified complaint, or on its own initiative, petitions in court for inclusion
or exclusion of voters; investigate and, where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting election frauds,
offenses, and malpractices.
 7. Recommend to the Congress effective measures to minimize election spending,
including limitation of places where propaganda materials shall be posted, and to
prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance
candidacies.
8. Recommend to the President the removal of any officer or employee it has deputized,
or the imposition of any other disciplinary action, for violation or disregard of, or
disobedience to, its directive, order, or decision.
9. Submit to the President and the Congress, a comprehensive report on the conduct of
each election, plebiscite, initiative, referendum, or recall.

En Banc and Division Cases (Art IX C Section 3)

● The Commission on Elections may sit en banc or in two divisions, and shall
promulgate its rules of procedure in order to expedite disposition of election cases,
including pre-proclamation controversies.
● All such election cases shall be heard and decided in division, provided that motions
for reconsideration of decisions shall be decided by the Commission en banc.
● All election cases such as pre-proclamation contests shall be first decided by the
commission sitting in division and not by the commission sitting en banc.
● All motions for reconsideration of decisions of the commission sitting in divisions
shall be decided by the commission sitting en banc.
● En banc decisions of the Comelec can be brought before the Supreme Court on
certiorari (l. court deliver info to h. court)
● The Commission sitting en banc has the power to promulgate rules of procedure
regarding pleadings and practice before it or any of its offices but it cannot diminish
or modify substantive rights.
● Such rules promulgated by the Comelec sitting en banc will remain effective unless
disapproved by the Supreme Court

Power to Regulate or Supervise Permits and Franchises (Art IX C Section 4)

● Commission during the election may supervise or regulate the enjoyment or
utilization of all franchises or permits for the operation of:
○ transportation and other public utilities
○ media of communication or information
○ all grants
○ special privileges
○ concessions granted by the Government or any subdivision
○ agency or instrumentality thereof, including any government-owned or
controlled corporation or its subsidiary
● Such supervision or regulation shall aim to ensure equal opportunity, time, and space,
and the right to reply, including reasonable, equal rates therefor, for public
information campaigns and forums among candidates in connection with the objective
of holding free, orderly, honest, peaceful, and credible elections.

Other Rules Regarding Elections (Art IX C Section 5)

 ● Comelec must first give its favourable recommendation before the president can
exercise his power to rant pardon, parole, amnesty or suspension of sentence
concerning convicts who violated election laws
● (Art IX C Section 6-8) All political parties, organizations and coalitions must be
registered in the party-list system before votes in favor of them shall be valid.
○ Such political parties registered under the party-list system cannot be
represented in the voter’s registration boards, boards of election inspectors,
boards of canvassers, or other similar bodies as in the case of other ordinary
election candidates.
○ They are allowed by the constitution to appoint poll watchers in accordance
with the law to protect their interest.
● Art IX C Section 9 Election period start 90 days before the day of the election and
shall end 30 days thereafter.
● Art IX C Section 10 Bona fide candidates for any public office shall be free from any
form of harassment and discrimination.
● Art IX C Section 11 Funds certified by the Commission as necessary to defray the
expenses for holding regular and special elections, plebiscites, initiatives, referenda,
and recalls, shall be provided in the regular or special appropriations and, once
approved, shall be released automatically upon certification by the Chairman of the
Commission.

Commission on Audit

Composition (Art IX D Section 1)

● Chairman and 2 Commissioners

Qualifications (Art IX D Section 1)

1. Natural-born Filipino Citizen
2. 35 on the day of appointment
3. Must be a Certified Public Accountant with no less than 2 years of auditing
experience or a member of the Philippine Bar who have been engaged in the practice
of law for at least 10 years
4. Must not have been a candidate for any elective position in the elections immediately
preceding their appointment
5. At no time shall all Members of the Commission belong to the same profession.

Appointment (Art IX D Section 1)

● Appointment of the chairman and the 2 commissioners of the Commission on Audit
shall be done by the President.
● They shall serve for a term of seven years
● Once the chairman and commissioners are appointed, they can no longer be
reappointed for a second time.
● In case of vacancy in the position of the chairman and two commissioners, any
replacement shall only serve for the unexpired term
 ● No member be appointed or designated in a temporary or acting capacity.

Powers of the Commission (Art. IX D Sec. 2)

1. Have the power, authority and duty to examine, audit and settle all accounts
pertaining to the revenue and receipts of, and expenditures or uses of funds and
property, owned or held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations with original charters, and on a post- audit basis:

a. constitutional bodies, commissions and offices that have been granted fiscal
autonomy under this Constitution;
b. autonomous state colleges and universities;
c. other government-owned or controlled corporations and their subsidiaries; and
d. such non-governmental entities receiving subsidy or equity, directly or indirectly,
from or through the Government, which are required by law or the granting institution
to submit to such audit as a condition of subsidy or equity. However, where the
internal control system of the audited agencies is inadequate, the Commission may
adopt such measures, including temporary or special pre-audit, as are necessary and
appropriate to correct the deficiencies. It shall keep the general accounts of the
Government and, for such period as may be provided by law, preserve the vouchers
and other supporting papers pertaining thereto.

2. The Commission shall have exclusive authority, subject to the limitations in this Article, to
define the scope of its audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations, including those for
the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures or uses of government funds and properties.

Other Rules (Art IX D Section 3)

Congress is not allowed by the constitution to create any kind of governmental entity or any
of its subsidiaries or any investment of public funds that will be exempt from the jurisdiction
of the COA. This makes the jurisdiction of COA so extensive that it is so difficult to escape
the auditing grasp of the commission. This is so designed to strengthen public accountability.