CONSTITUTIONAL LAW An enacted constitution is one that is

formally passed at a particular time and

POLITICAL LAW | Branch of public law that place, usually under the precept of a
deals with the organization and operations legitimate government.
of the governmental organs of the State
and defines its relations with the
inhabitants of the territory (People v.
Perfecto, G.R. No. L-18463, October 4, EVOLVED
1922)
An evolved constitution is one which is the
BRANCHES OF POLITICAL LAW result
of political evolution.
1. Constitutional Law 1 RIGID
2. Constitutional Law 2
3. Administrative Law A rigid constitution is one which provides
4. Law on Public Officers for a thorough process of amendments or
5. Election Laws revision.
6. Laws on Municipal Corporation/
Local Governments FLEXIBLE
7. Public International Law
A flexible constitution is the one that may
THE CONSTITUTION | A constitution is a be changed by mere legislation .
set of rules, principles, and customs that
establish the limit and distribute ESSENTIAL PARTS OF THE
CONSTITUTION
fundamental powers of government and
define its relations with the citizens CONSTITUTION OF LIBERTY | The series
(Bernas, 2009). of prescriptions setting forth the
fundamental civil and political rights of the
Cooley defines the constitution as “the citizens and imposing limitations on the
body of rules and maxims under which the powers of government as a means of
powers of sovereignty are habitually securing the enjoyment of those rights.
exercised.”
CONSTITUTION OF GOVERNMENT | The
DOCTRINE OF CONSTITUTIONAL series of provisions outlining the
SUPREMACY organization of the government,
enumerating its powers, laying down
The Constitution basically prescribes the certain rules relative to its administration,
permanent blueprint or framework of a and defining the electorate.
system of government, to provide for the
powers and duties of different departments CONSTITUTION OF SOVEREIGNTY | The
provisions pointing out the mode or
and to establish principles and policies for
procedure in accordance with which formal
the government. (11 Am. Jur. 606 cited in
changes in the fundamental law may be
Cruz, 2014). brought about.
Under this principle, any law must abide by
the principal tenets of the constitution. In
case there is a conflict concerning a certain WAYS TO INTERPRET THE
law and the provisions of the constitution, CONSTITUTION
the constitution shall prevail.
1. VERBA LEGIS – Wherever possible, the
TYPES OF A CONSTITUTION words used in the Constitution must be
assumed to their ordinary meaning except
WRITTEN where technical terms are employed.

A written constitution is one that is 2. RATIO LEGIS EST ANIMA – Where

encapsulated in a single document or a set there is vagueness, the words of the
of documents. Constitution should be understood following
the intent of the framers.
UNWRITTEN

An unwritten constitution is one that is not

codified in a single and concrete form but is
scattered in different sources.

ENACTED
In case of doubt, the Constitution is
considered self-executing rather than non
self-executing, mandatory rather than
merely directory; and prospective rather
than retrospective (Cruz, 2015).

TOLENTINO v. COMELEC
41 SCRA 702
October 16, 1971
FACTS: The 1971 Constitutional Convention passed Organic Resolution No. 1, proposing to
lower the voting age from 21 to 18. It scheduled a plebiscite for this amendment before
completing the full draft of the revised Constitution. Tolentino filed a petition to prohibit
COMELEC from conducting the plebiscite, arguing it violated the Constitution.

ISSUE: Whether the proposed plebiscite for a partial amendment (lowering the voting age)
before the completion of the full constitutional draft was valid under Section 1, Article XV of
the 1935 Constitution.

RULING: No. The Supreme Court held that the plebiscite was unconstitutional.
The Supreme Court ruled that Organic Resolution No. 1 of the 1971 Constitutional
Convention—proposing to lower the voting age from 21 to 18—and its implementing acts
were null and void. The Court held that the resolution violated Section 1, Article XV of the
1935 Constitution, which requires that all proposed amendments by a constitutional
convention must be submitted to the people in a single plebiscite, not separately or
piecemeal.
The Court emphasized that while the people have the right to vote on proposed
amendments, such amendments must be submitted together with all other proposals from
the Convention, not in isolation.

TITLE: DEFENSOR SANTIAGO VS. COMMISSION ON ELECTIONS

G.R. NO. G.R. No. 127325
MARCH 19, 1997

FACTS: On 6 December 1996, private respondent Atty. Jesus S. Delfin filed with public
respondent Commission on Elections (hereafter, COMELEC) a “Petition to Amend the
Constitution, to Lift Term Limits of Elective Officials, by People’s Initiative” (hereafter, Delfin
Petition)[5] wherein Delfin asked the COMELEC for an order

1. Fixing the time and dates for signature gathering all over the country;

2. Causing the necessary publications of said Order and the attached “Petition for Initiative
on the 1987 Constitution, in newspapers of general and local circulation;

3. Instructing Municipal Election Registrars in all Regions of the Philippines, to assist

Petitioners and volunteers, in establishing signing stations at the time and on the dates
designated for the purpose.

Delfin filed a petition alleging that he is the founding member of the Movement’s for
people’s initiative. The movement and the member’s intend to exercise the power to
directly propose amendments to the Constitution granted under Section 2, Article XVII of
the Constitution, wherein the power shall be conducted in proceedings under the control of
the COMELEC.

The Delfin Petition further alleged that the provisions sought to be amended are Sections 4
and 7 of Article VI,[7] Section 4 of Article VII,[8] and Section 8 of Article X[9] of the
Constitution.

Summary of Petition Filed on December 18, 1996:

Petitioners Santiago, Padilla, and Ongpin filed a Rule 65 petition for prohibition before the
Supreme Court, asserting the following:

1. No implementing law by Congress exists for a constitutional initiative (Sen.

Santiago’s S.B. 1290 was still pending).
 Subsequent Developments:

 On December 19, 1996, the Supreme Court issued a TRO enjoining COMELEC and the
Pedrosas from continuing the initiative drive.

 Private respondents and intervenors—including Sen. Roco, DIK, MABINI, IBP, and LABAN
—later filed comments, oppositions, and petitions in intervention

ISSUE:

Whether R.A. No. 6735 (1989 Initiative and Referendum Act) adequately implements the
people’s initiative to amend the Constitution under Article XVII, Section 2.

RULING:

NO. Art. XVII, Sec. 2 of the 1987 Constitution mandates that “the Congress shall provide for the
implementation” of people’s initiative to amend. Although RA 6735 intended to cover
constitutional initiatives, it fails essential requirements:
• Its policy section lumps constitutional amendments with ordinary laws, giving no detailed
subtitle or separate framework.
• It omits specific petition contents for constitutional amendments and lacks provisions on
publication, verification procedures, or fiscal appropriations for a nation-wide drive.
• Its delegation to COMELEC for implementing rules is invalid: the Act does not supply a
“complete” policy or “sufficient standard” to guide subordinate legislation, violating
nondelegation principles.

LAMBINO V. COMMISSION ON ELECTIONS

EN BANC
[ G.R. NO. 174153, October 25, 2006 ]

FACTS: Petitioners sought a COMELEC-supervised plebiscite under Section 2, Article XVII and RA
6735 to ratify amendments to Articles VI and VII and add transitory provisions (Article XVIII) for
the planned shift to a parliamentary-unicameral system. They attached signature sheets they
claimed represent at least 12 percent of registered voters, with 3 percent in every legislative
district.

On August 31, 2006, COMELEC dismissed the petition for initiative, citing the Supreme Court’s
decision in Santiago v. COMELEC, which held RA 6735 “inadequate” to implement constitutional
amendments by initiative and permanently enjoined COMELEC from entertaining such petitions
until Congress enacts a sufficient law.

ISSUE: Whether or not the Lambino Group’s petition comply with Section 2, Article XVII of the
Constitution (12% of registered voters, 3% per district)?

RULING: No. The COMELEC should not be allowed to shun its constitutional mandate under the
second paragraph of Article XVII, Section 4, through the summary dismissal of the petition for
initiative filed by Lambino and Aumentado, when such petition is supported by 6.3 million
signatures of registered voters. Should all of these signatures be authentic and representative of
the required percentages of registered voters for every legislative district and the whole nation,
then the initiative is a true and legitimate expression of the will of the people to amend the
Constitution, and COMELEC had caused them grave injustice by silencing their voice based on a
CONCEPT OF STATE

Authors and authorities provide for many Garner (1910) explained it as “a community
definitions of the word “State.” Merriam of persons, more or less numerous,
Webster Dictionary (1892) defines it as “a permanently occupying a fixed territory,
politically organized body of people usually and possessed of an independent
occupying a definite territory, especially a government organized for political ends to
sovereign one.” which the great body of inhabitants render
habitual obedience.”

THEORIES ON THE ORIGIN OF STATE

SOCIAL CONTRACT THEORY | This theory
connotes that the people agreed among
themselves to form a society, thereby
establishing their own definite territory and
a government to which they adhered. ELEMENTS OF A STATE
Source: Rosseau, 1762
1. PEOPLE : simply refers to the
DIVINE RIGHT THEORY | This theory inhabitants of the state. It is
believes that States are of divine origin and generally agreed that they must
that a deity appoints the people’s leader. be numerous enough to be self-
Example: Moses, as the leader of the sufficing and to defend themselves
Israelites during the Exodus. Source: and small enough to be easily
Naguit, 2005 administered and sustained.

POWER THEORY | This theory posits that 2. GOVERNMENT: The Agency or

States are established through force and instrumentality through which the
influence. During times of war, States are will of the state is formulated,
created or demolished depending on who expressed, and realized.
wins the battle. Source: Naguit, 2005

3. SOVEREIGNTY: The supreme and

uncontrollable power inherent in a
state by which that state is
governed.

4. TERRITORY: “Territory” is the

fixed portion of the exterior of the
earth inhabited by the people of
the State. It includes various
aspects such as the terrestrial
domain, which refers to the
DECLARATORY SCHOOL | This school landmass; the maritime domain,
states that the recognition of a State is which pertains to inland waters;
merely discretionary and political. It affirms the fluvial domain, which covers
an existing fact—such as the possession of external waters; and the aerial
all the elements of a State. Example: domain, which encompasses the
Taiwan is not recognized as a State, air space above the land and
especially by the People’s Republic of waters.
China.

CONSTITUTIVE SCHOOL | This school

holds that the recognition of a State is Province of North Cotabato v.
compulsory. However, it is not accepted in Government of the Philippines (G.R.
International Law, as countries have agreed No. 183591)
that recognizing a State is a political act
and must not be mandatory. the Moro Islamic Liberation Front and
the Government of the Philippines entered
ACT OF STATE | The Act of State is into a Memorandum of Agreement after
defined as an act done by the sovereign several peace talks. They come up with the
power of a country within the limits of the establishment of the Bangsamoro Juridical
power vested in that authority. Such an act Entity (BJE), which contains people, a
cannot be questioned or made the subject definite territory, a government distinct and
of legal proceedings in a court of law. separate from the Philippines, and its
Source: Cruz, 2014 independence.

An illustrative example of an Act of The Supreme Court ruled that the BJE is
State is when the President of the unconstitutional, for it is considered as an
Philippines, in his discretionary powers, “associated state” because basically, BJE
extends recognition to a newly-established has the elements to constitute a state. If its
foreign State or government (Cruz, 2014). establishment is allowed, it will violate the
In international law, an Act of State shall constitutional prohibition to create another
mean that every State is bound to respect state for the Filipino people.
the independence and sovereignty of every
other sovereign state (Duka, 2017). This
principle is known as “par in parem non
habet imperium,” which means “Equals do Philippine Waters
not have authority over one another.”
refer to all bodies of water such as, but not reserve its use and enjoyment exclusively
limited to, seas, gulfs, and bays around, to Filipino citizens (Article II, Section 2, 1987
between, and connecting each of the Constitution). As the sole organ of our
islands of the Philippine Archipelago, foreign relations and the constitutionally
irrespective of its depth, breadth, length, or assigned chief architect of our foreign
dimension. It also includes all other waters policy, the President is vested with the
belonging to the Philippines by historic or exclusive power to conduct and manage
legal title, including the territorial sea, the the country's interface with other states
seabed, the insular shelves, and other and governments.
submarine areas over which the Philippines
has sovereignty or jurisdiction.
Source: People v. Dela Peña, G.R. No.
219581, January 31, 2018 ARCHIPELAGIC DOCTRINE:
Are the Kalayaan Island Group (and This doctrine states that the baseline from
Scarborough Shoal part of the which the inland and territorial sea of an
Philippine Archipelago? archipelago is to be determined consists of
the straight lines joining appropriate points
No. Congress enacted RA 9522 and of the outermost islands or edge of the
specifically did not enclose the KIG and the archipelago. Connected baselines which are
Scarborough Shoal as part of the Philippine drawn to enclose the entire archipelago
archipelago. define the internal waters, while the waters
from the baselines up to the international
Although the Philippines has consistently
treaty limits represent the territorial sea of
claimed sovereignty over the KIG and the
the country.
Scarborough Shoal for several decades,
these outlying areas are located at an The entire archipelago is treated as one
appreciable distance from the nearest integrated unit as a replacement for being
shoreline of the Philippine archipelago, such fragmented into so many thousand islands.
that any straight baseline looped around We connect the farthest points of our
them from the nearest basepoint will archipelago with straight baselines and
inevitably "depart to an appreciable extent consider all the waters enclosed as internal
from the general configuration of the waters. Senator Arturo Tolentino is the
archipelago" (Magallona v. Hon. Ermita, et advocate of the Philippine Archipelagic
al., 671 Phil. 244, 266–267, 2011). Doctrine as he authored the former
Philippine Baselines Law and in the United
Nations Conferences on the law of the seas.

REPUBLIC ACT NO. 9522

This law provided, among others, that the

baseline in the following areas over which
the Philippines likewise exercises
sovereignty and jurisdiction shall be
classified as “Regime of Islands” under the
Republic of the Philippines following Article
121 of the United Nations Convention on
the Law of the Seas (UNCLOS):

1. The Kalayaan Group of Islands;

and,

2. Bajo de Masinloc (Scarborough

Can the President allow Chinese Shoal).
fishermen to fish within the
Philippines’ EEZ?

MAGALLONA V. ERMITA, G.R. NO.

187167
RENE SAGUISAG, ET AL., V. EXECUTIVE
In 1961, the Philippine Congress passed
SECRETARY ET AL. (G.R. NO. 212426):
Republic Act No. 3046, demarcating the
The State shall protect the nation's marine baselines of the Philippines as an
wealth in its archipelagic waters, territorial Archipelagic country according to UNCLOS I
sea, and exclusive economic zone, and of 1958, institutionalizing the sovereignty of
State parties over their territorial sea. In
1968, the law was amended by R.A. 5446, However, our country may exercise
rectifying some errors in Republic Act No. sovereign rights over the economic
3046, keeping the drawing of baselines resources of the sea, seabed, and subsoil.
around Sabah. However, other states shall have freedom
of navigation and overflight, to submarine
In 2009, the law was again amended by cables and pipelines, and other lawful uses
Republic Act No. 9522, so it must comply
with the UNCLOS III of 1984, which are: PHILIPPINES V. CHINA (PCA CASE NO.
2013-19)
1. to shorten one baseline; In 2013, the Philippines formally initiated
arbitration proceedings against China. The
2. to improve the position of some Philippines argued that China’s historical
base points; and, claim on the territories within the "nine-
dash line" was unlawful under the United
3. to classify the Kalayaan Island Nations Convention on the Law of the Sea
Group and Scarborough Shoal (UNCLOS). The tribunal under the
(Bajo de Masinloc) as ‘Regime of Permanent Court of Arbitration (PCA) was
Islands’. long and drawn out with China refusing to
participate.
Petitioner now questions the
constitutionality of R.A. 9522 because it China has repeatedly stated that “it will
decreases the Philippine maritime territory neither accept nor participate in the
under Article 1 of the Constitution. arbitration unilaterally initiated by the
Philippines.” Annex VII, however, provides
Is RA 9522 constitutional?
that the “absence of a party or failure of a
The Supreme Court sustained the party to defend its case shall not constitute
constitutionality of R.A. 9522. UNCLOS III a bar to the proceedings.”
has nothing to do with gaining or loss of
The PCA ruled for the following:
territory. It is just an organized norm that
regulates the conduct of the States in 1. Historic Right of the Philippines
connection with maritime use. and the “Nine-Dash Line”;
On the other hand, Republic Act No. 9522 is 2. The lawfulness of the Chinese
a law to mark out basepoints along Government’s Actions; and,
coastlines, serving as geographical starting
points to measure. Baseline laws are 3. Harm to Marine Environment.
nothing but statutory mechanisms for
UNCLOS III States parties to delimit with PRIME DUTY OF THE GOVERNMENT
precision the extent of their maritime zones
and continental shelves. The government has the primary duty to
serve and protect the people (Article II,
Section 4 of the 1987 Philippine
Constitution). Aside from this, it is also
TERRITORIAL SEA mandated to:
The “territorial sea” is defined as “the belt 1. Ensure local peace and order;
of the sea situated between internal waters
and the coast of the coastal state on the 2. Establish the defense of the state
one hand and the high seas on the other, and preservation of independence;
extending up to 12 nautical miles from the
low water mark or in the case of the 3. Promote the total well-being of the
archipelagic states, from the baselines” people;
(1982 United Nations Convention on the
Law of the Sea). 4. Promotion of general welfare,
public safety and public morality;
CONTIGUOUS ZONE and,

“Contiguous zone” is the 24 nautical miles 5. Secure economic development

from the baseline. The coastal state may (Naguit, 2005).
exercise power and control necessary to
prevent violation of its customs, fiscal,
PARENS PATRIAE
immigration, and sanitary regulations and
According to the Constitution, the
punish the said infringement (Duka, 2017).
prime duty of the government is to
EXCLUSIVE ECONOMIC ZONE serve and protect the people
(Section 4, Article II of the 1987
It is the area beyond the territorial sea and Philippine Constitution). The State,
is not part of the territory of the Philippines. in its entirety, serves and protects
 the people, especially the less two-thirds vote of all members of
fortunate. This constitutional both Houses
provision is based on the Doctrine  If the President failed to
of Parens Patriae. Parens patriae is communicate his veto to the
Latin for “parent of his or her House from which the bill
country.” originated within thirty days after
This principle finds application in receipt of the bill.
the treatment of children,
mentally-ill persons, and others
who cannot take care of POWERS OF CONGRESS
themselves. The State is the 1. General Legislative Power
supreme guardian of all these o Authority to enact,
persons within its jurisdiction, and amend, and repeal laws
courts have the power to intervene for the general welfare
to protect the best interests of the o Includes initiative and
less fortunate whose welfare is referendum reserved to
usually endangered. the people
2. Power of Appropriation
Congress can also exercise this o Exclusive control over
power by enacting specific welfare public funds (Sec. 25, Art.
laws for the benefit of the children, VI)
women, elderly, differently-abled o Includes General
persons, laborers, and other
Appropriations Act and
members of the marginalized
special appropriations
sectors of the society.
o Restrictions: No “riders”;
The State, therefore, must ensure automatic appropriations
that these laws are correctly for constitutional officers
implemented to the benefit of the 3. Power of Taxation
less fortunate following the o Authority to impose taxes
statement that: “Those who have for public purposes (Sec.
less in life should have more in 28, Art. VI)
law” (Magsaysay, 1956). o Must be uniform,
equitable, and compliant
with due process
4. Legislative Inquiries and
Oversight
o Power to conduct
investigations in aid of
legislation (Sec. 21, Art.
ENROLLED BILL THEORY VI)
The enrolled bill theory states that an
enrolled bill is one duly introduced and
o Must follow published
finally passed by both Houses, rules and respect rights of
authenticated by the proper officers of resource persons
each, and approved by the President. It is o Affirmed in Senate v.
conclusive upon the courts as regards the Executive Secretary
tenor of the measure passed by Congress Medialdea (G.R. No.
and approved by the President. (Mabanag v. 257608)
Lopez, G.R. No. L-1123, March 5, 1947) 5. Parliamentary Immunities
o Members are privileged
The Constitution requires the following from arrest for offenses
bills to originate exclusively from the House punishable by not more
of Representatives: than six years
 Appropriation Bills imprisonment
 Private Bills o Speech and debate in
 Revenue Bills Congress are protected
 Bills Increasing Public Debt and; and cannot be questioned
 Local Bills elsewhere
6. War Powers
Situations when a bill becomes a law even o Authority to declare the
without the President’s signature: existence of a state of
war
 When the President vetoed the bill
o Oversight on martial law
but the veto was overridden by a and suspension of habeas
corpus (Sec. 18, Art. VII)
 7. Electoral Tribunal Powers
o Each House has its own
Electoral Tribunal to PARLIAMENTARY IMMUNITIES
resolve election contests “A Senator or Member of the House of
involving its members Representatives shall, in all offenses
8. Commission on Appointments punishable by not more than six years
imprisonment, be privileged from arrest
 Senate and House members jointly
while the Congress is in session. No
confirm presidential appointments
Member shall be questioned nor be held
under Sec. 18, Art. VII
liable in any other place for any speech or
debate in the Congress or in any committee
LEGISLATIVE INQUIRY
thereof.”
The House of Representatives or the Senate
or any of its respective committees may
conduct inquiries in aid of legislation under
its duly issued procedure (1987 A Congressman convicted of rape may not
Constitution, Art. VI, Sec. 21). “in aid of be allowed to attend session in Congress
legislation” pending appeal. In People of the
Philippines v. Jalosjos (February 3, 2016),
LEGISLATIVE CONTEMPT the Supreme Court held that a member of
Congress has the necessary power to Congress could only invoke the immunity
punish disobedient witnesses for contempt from arrests for relatively minor offenses,
and may be confined until they agree to punishable at most by correctional
testify. The continuance of such penalties. To allow the accused-appellant to
imprisonment only exists for the lifetime, or attend legislative sessions would constitute
term, of such body. Thus, each House lasts an unjustified broadening of the privilege
for only three years. However, if imprisoned from arrest bestowed by the Constitution
by the Senate, it is unknown because the upon members of Congress.
Senate is a continuing body.
In Pobre v. Defensor-Santiago (A.C. No.
7399, August 25, 2009), the Supreme Court
ruled that the plea of Senator Santiago for
WAR POWERS dismissal of the complaint for disbarment or
disciplinary action is well taken. Her
1. Policy of the Philippines regarding privilege speech is not actionable criminally
war: or in a disciplinary proceeding under the
o The Philippines renounces war Rules of Court.
as an instrument of national
policy (Article II, 1987
Constitution).
2. Voting requirement to declare the
existence of a state of war:
a. Two-thirds (2/3) vote of both Houses;
b. In joint session;
c. Voting separately.

Power of Appropriation
1. What is the power of
appropriation?
o The spending power, called
the “power of the purse,”
belongs to Congress, subject
only to the veto power of the
President. It carries with it the
power to specify a project or
activity to be funded under
the appropriation law.
2. May Congress modify the budget
proposed by the President?
o Yes. However, Congress may
only reduce but not increase
the budget.