Consti I Outline

I.

GENERAL PRINCIPLES

1. Political Law a. Definition: i. In the case of People VS Perfecto, the court defined political law as the branch of public law, which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. ii. In Macariola VS Asuncion where certain provisions of the Spanish Code of Commerce were deemed to be abrogated because they partake the nature of a political law because it regulates the relationship between the government and certain public officers and employees, like judges. 2. Constitutional Law: i. Branch of public law that treats of constitution, their nature, formation, amendment, and interpretation. ii. It refers to the law embodied in the constitution and the principles growing out of the interpretation and application made by the courts. iii. C.J. Hughes defines constitutional law as what the judges say it is. 1. It is a body of rules resulting from the interpretation by a high court of a written constitutional instrument in the course of disposing of cases in which the validity, in relation to the constitutional instrument, of some act of governmental power has been challenged a. Scope:

i. Constitutional Law, Administrative Law, Law of Public Officers, Election Law, Law on Municipal Corporations, Elections Law. b. Necessity of the study of Political Law: i. Every citizen, regardless of calling, should understand the mechanics and motivations of his government. Why? Because sovereignty resides in the people and all government authority emanates from them. ii. The success of the Republic of the Philippines will depend upon the active involvement of every Filipinos in public affairs. c. Basis: i. The 1987 Constitution of the Philippines ii. Pertinent statutes iii. Executive Orders and decrees iv. Juridical decisions v. Current Political events in which the purposes of the law are applied vi. The 1935 and 1973 constitutions which served as the working drafts of the present constitution vii. Constitution of the United and the ruling of its Supreme Court 1. Some parts of the Constitution of the Philippines was taken or in the words of J. Cruz “Imported” from the United States Constitution (E.g. Bill of rights). a. Imported provisions should be interpreted in the light of their understanding in the country of origin. viii. Organic laws which are made to apply in the Philippines

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1. Philippine Bill of 1902 2. Jone Law of 1916 3. Tydings-McDuffie Law of 1934 II.

THE PHILIPPINE CONSTITUTION

3. Constitution: a. Definition: i. J. Miller defines constitution as a written instrument by which the fundamental powers of government are established, limited, and defined, and by which these powers are distributed among several departments, for their more safe and useful exercise for the benefit of the body politic. ii. It is 1. The written instrument agreed upon by the people 2. As the absolute rule of action and decision for all departments and officers of the government 3. In opposition to which any act or rule of any department or officer of the government, or even the people themselves, will be altogether void. 1. It is THE SUPREME LAW OF THE LAND. b. Constitution VS Statute Constitution Statute Legislation is direct from the Legislation from the people people‟s representative States general principle Provides the details of the subject matter of which it treats Intended not merely to meet Intended primarily to meet existing conditions existing conditions only It is the fundamental law of It conforms to the the state constitution c. Nature and Purpose

i. Serves as the supreme or fundamental law 1. It speaks for the entire people from whom it derives its claim to obedience 2. It is the law to which all other laws must conform and in accordance with which all private rights must be determined all public authority administered. 3. Test of legality of all governmental actions, whether proceeding from the highest official or lowest functionary. ii. Establishes basic framework and underlying principles of government 1. Grant and limits governmental authority 2. Prescribe the permanent framework of the system of government and to assign to the different departments or branches, their respective powers and duties, and to establish certain basic principles on which the government is founded. 3. Set limits on the otherwise unlimited power of the legislature. d. Classes of Constitutions: As to their origin and history Conventional or enacted Cumulative or evolved Formally struck off at a Result of political evolution, definite time and place not inaugurated at any following a conscious or specific time but changing by deliberate effort taken by a accretion rather than by any constituent body or ruler systematic method As to their form Written Unwritten One whose precepts are Consists of rules which have embodied in one document or not been integrated into a set of documents single, concrete form but are scattered As to the manner of amending them

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Rigid or inelastic Flexible or elastic One which cannot be One which possesses no amended or altered except by higher legal authority than some machinery more ordinary laws and which may cumbrous than the ordinary be altered in the same way as legislative process other laws i. The Philippine Constitution may be classified as a Conventional, Written, and Rigid constitution. It was drafted by an appointive body called “Constitutional Commission”. ii. Advantage of a conventional, rigid, and written constitution: 1. Permanence: It can resist capricious change dictated not by legitimate needs but only by passing fancies, temporary passions or occasional infatuations of the people with ideas or personalities. a. Permanence of the constitution also has disadvantages: i. It is unable to adjust to the genuine need for change brought about by new conditions and circumstances. ii. The difficulty in amending DELAYS in effecting the needed change and thus cause irreparable injury to the public interest. iii. The written constitution thus become an impediment rather than a spur to progress. e. Requisites of a Good Written Constitution i. As to form, a good written constitution should be:

1. Brief: a. If a constitution is too detailed, it would lose the advantage of a fundamental law which in a few provisions outlines the structure of the government of the whole state and the rights of the citizens. 2. Broad: a. Statement regarding 1. The powers and functions of government, and 2. The relations between the governing body and the governed requires that it be as comprehensible as possible. 3. Definite: a. Any vagueness which may lead to opposing interpretations of essential features may cause incalculable harm. f. Essential Parts of a Constitution i. Constitution of Liberty: 1. Sets forth the fundamental civil and political rights of the citizens and imposes limitations on the powers of the government as a means of securing the enjoyment of those rights (E.g. bill of rights) ii. Constitution of Government: 1. Outlines the organization of the government, enumerates its powers, lays down certain rules relative to its administration and defines the electorate (E.g. Articles VI, VII, VIII, IX- Legislative Dept., Executive Dept., Judicial Dept., and Constitutional Commissions respectively)

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iii. Constitution of Sovereignty: 1. Provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (E.g. Article XVIIAmendments and Revisions) 4. Constitution of Sovereignty: Amendment or Revision of the Constitution (Article XVII PC) a. Definition of amendment and revision: The case of Lambino VS COMELEC1 distinguished the concepts of amendments and revisions: Amendments Revisions Broadly refers to a change Broadly implies a change that adds, reduces, or that alters a basic deletes without altering the principle in the basic principle involved. constitution, like altering the principle of separation of powers or the system of checks-and-balances. Envisages a change of There is a revision if the SPECIFIC PROVISIONS change alters the ONLY. substantial provisions of the constitution. Generally affects only the Generally affects the specific provision being several provisions of the amended. constitution.

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Facts: Petitioners Lambino, et. al. commenced gathering signatures for an initiative petition to change the 1987 constitution. Lambino‟s group filed a petition with the COMELEC to hold a plebiscite that will ratify their initiative petition through RA 6735. They further aver that their petition complies with the constitutional requirements laid down in Sec. 2 Article XVII of the constitution, as they have 6 million individuals supporting the foregoing petition. In summary, the proposed changes of the Lambino Group intends to change the form of government from a bicameral-presidential form of government to unicameral-parliamentary form of government. Issue: Does the proposed changes made by the Lambino group constitutes a revision or a amendments.

People’s initiative may May involve a rewriting of propose amendments the whole constitution. (actually it’s the only thing they can propose) to the constitution. Only congress and the constitutional convention can make revisions to the constitution.

i. Two-Part Test: In California, where the initiative clause allowed amendments BUT NOT revisions to the constitutions just like in our constitution, courts have developed a TWO-PART TEST: Quantitative Test Qualitative Test Tests asks whether the Inquires into the qualitative proposed change is “so effects of the proposed extensive in its provisions change in the constitution. as to change directly the „substantial entirety‟ of the constitution by the deletion or alteration of numerous existing provisions. Court examines only the Main inquiry is whether the number of provisions change will accomplish affected and does not such for reaching changes consider the degree of in the nature of our basic change. governmental plans as to amount to a revision. 1. The two-part test applied in the case of Lambino VS COMELEC: a. Under both the quantitative and qualitative tests, the petition of

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Lambino is a REVISION and not merely an amendment. i. Quantitatively: Lambino‟s group proposed changes overhauls two articles viz: Articles VI and Article VII on the legislative and executive braches of the government respectively. Such change will affect a total of 105 provisions in the entire constitution. ii. Qualitatively: The proposed changes alter substantially the basic plan of government, from presidential to parliamentary, and from a bicameral to a unicameral legislature. An alteration in the structure of government constitutes a REVISION of the constitution. Merging the legislative and executive branches is a radical change in the structure of the government. 2. Thus, because said proposed changes in the constitutes A REVISION OF THE CONSTITUTION, the initiative made by the Lambino Group shall fail because under Section 2 Article XVII of the constitution, provides that the people through initiative can only propose AMENDMENTS in the constitution. b. Steps in the Amendatory Process

i. Proposal: The 1987 constitution provides three ways of how to propose amendments or revisions to the constitution: 1. Congress acting as a Constituent Assembly and 2. Constitutional Convention (Sec. 1 Article XVII), 3. People‟s Initiative (Sec. 2 Article XVII). 1. Congress acting as a constituent assembly: a. Section 1 (1) Article XVII of the Constitution provides that an amendment or revisions to the constitution may be proposed by the congress, upon a vote of threefourths of all its members. b. The congress of the Philippines is composed of two houses viz: the Senate and the House of Representatives. Unlike the 1935 Constitution which particularly stated that both houses of congress had to come together in joint session in order to propose amendments, the present constitution is SILENT about both houses of congress coming together to propose amendments/revision in the constitution. c. It has been opined that, what is essential is that BOTH HOUSE VOTE SEPARATELY. Why? Because the power to propose amendments is given not to a unicameral body but to a bicameral body.

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i. The meaning of a constitutional command can also be drawn from the known governmental structure set up by the constitution. d. In effect, the congress acting as a constituent assembly upon a vote of three-fourths of all its members voting separately may propose changes in the constitution. i. Assuming arguendo, that there are 300 members of the House of Representatives and that there are 24 Senators in the Senate and that ¾ of the members of the HOR is 225 and that ¾ of the members of the senate is 8, 233 members of the congress is needed to enact proposed changes in the constitutions. 2. Constitutional Convention: A body for the express purpose of framing a constitution, or revising the existing constitution, or formulating amendments to it for the approval of the electorate. a. How a Constitutional Convention is formed? i. Sec. 3 of Art. XVII provides that a constitutional convention may be called by:

1. The Congress may, by a 2/3 votes of all its members2 2. The Congress may, by a majority vote of all its Members, submit to the electorate the question of calling such a convention. ii. Thereafter, the same Congress, acting this time as a legislative body (or in accordance with the ordinary legislative process), may pass the necessary implementing law providing for the details of the Constitutional Conventionnumber, qualifications, and compensation of its members. iii. The constitution granted to the Congress acting as a constituent assembly plenary authority to call a constitutional convention, which includes by virtue of the doctrine of necessary implication, all other powers essential to the effective exercise of the principal

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Acting as a constitutional convention refer to (III) or to Imbong VS COMELEC

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3. People‟s Initiative: Method whereby the people themselves can directly propose amendments to the constitution. a. Requirements: i. There must be a petition, 1. This petition is a petition to propose changes in the constitution through people‟s initiative. ii. Full text of the proposed changes must be in the petition itself and it may be either written on the face of the petition, or attached to it7. iii. Petition must be signed by at least 12% of the total number of registered voters, of which every legislative districts must be represented by at least 3% of the registered voters therein. 1. Legislative District means geographical area wherein it is represented by one member of the House of Representative.

power by necessary 3 implication . iv. Implementing details are within the authority of Congress not only as a Constituent Assembly but also in the exercise of its comprehensive legislative power4. v. Congress as a legislative body may thus enact necessary implementing legislation TO FILL IN THE GAPS WHICH CONGRESS AS A CONSTITUTIONAL ASSEMBLY OMMITTED5. vi. Q: How many delegates does a constitutional convention have? 1. A: There is no fix number in the number of delegates in a constitutional convention. In Imbong VS COMELEC, the Supreme Court held that the number of delegates in the ConCon is to be determined by the Congress6. 3

Imbong VS COMELEC 4 Ibid 5 Ibid 6 In the same case, Congress acting as a constituent assembly passed Resolution no. 4 which amended an earlier resolution passed by the same body, and provided that 320

delegates should be apportioned among the existing representative districts according to the number of their respective inhabitants, BUT fixing a minimum of at least 2 delegates for a representative district. Thereafter, congress acting as a legislative body then enacted R.A. 6132 implemented the intent of congress acting as a constituent assembly expressed in Sec. 1 of Res. No. 4. 7 Refer to Lambino VS COMELEC Supra

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iv. There must be an enabling law8. 1. Law that congress has to pass in order to enable or implement a provision of the constitution which is not self-executory. 2. The initiative clause of the constitution needs an enabling law because the 2nd paragraph of Sec. 2 of Art. XVII the congress shall provide for the implementation of the exercise of this right. 3. Lambino stated that R.A. 6735 or the Initiative and Referendum Act is an enabling that would satisfy the requirement in Par. 2 of Sec 2 Art. XVII. 4. However, in the case of Santiago VS COMELEC, the Supreme Court Held that RA 6735 is incomplete, inadequate and wanting in essential 8

terms and conditions insofar as initiative on amendments to the constitution is concerned. While the Act provides subtitles for initiative on national laws and local laws, no subtitle is provided for initiative on national laws and local laws, NO SUBTITLE IS PROVIDED FOR INITIATIVE ON THE CONSTITUTION. The silence of the law vis-à-vis the said subject simply means that the main thrust of the act is initiative and referendum on NATIONAL AND LOCAL LAWS ONLY. v. People‟s initiative may be exercised by the people once every five years. vi. The petition must be signed personally by the people. vii. It shall cover ONLY AMENDMENTS and NOT REVISIONS. ii. Ratification: Section 4 of Article XVII provides for the manners of ratification of any proposed amendments or revisions to the constitution:

Section 2 Article XVII (PC). Refer also to Defensor-Santiago VS COMELEC

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1. For those made under Sec. 1 a. Ratified by a majority of the votes cast in a plebiscite. b. Plebiscite shall be scheduled not earlier than 60 days nor later than 90 AFTER THE APPROVAL OF SUCH AMENDMENT OR REVISION. 2. For those made under Sec. 2 a. Ratified by a majority of the votes cast in a plebiscite. b. Plebiscite shall be held not earlier than 60 days nor later than 90 days AFTER THE CERTIFICATION BY THE COMELEC OF THE SUFFICIENCY OF PETITIONS. 3. The time set for waiting before a plebiscite can be held is intended to give to the electorate ample time to study the proposed constitutional changes and to avoid allowing the proposed changes to become stale. 4. Doctrine of Proper Submission: a. Gonzales VS COMELEC i. Plebiscite may be held on the same day as regular election, provided that the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to

express their will in a genuine manner9 ii. J. Reyes and J. Sanchez dissents to the opinion that of the majority of the court that amendments to the constitution can be submitted to the people for ratification in a general election. It obviously shows that both magistrates believed that the election referred to in the constitution is a special election. They opined that holding a plebiscite in the same day of the election will divert the attention of the people from the amendments to other matters such as choosing the local and national officials. Furthermore, they believe that the people won‟t be able to devote an undivided attention to the subject that they should focus on, that is, the

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In the same case, the court held: There is in this provision nothing to indicate that the "election" therein referred to is a "special", not a general, election. The circumstance that three previous amendments to the Constitution had been submitted to the people for ratification in special elections merely shows that Congress deemed it best to do so under the circumstances then obtaining. It does not negate its authority to submit proposed amendments for ratification in general elections.

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amendments in the constitution. b. Tolentino VS COMELEC i. There should be NO PIECEMEAL SUBMISSION OF VOTES. All amendments must be submitted for ratification at one plebiscite only because the people have to be given a proper frame of reference in arriving at their 10 decision . c. Judicial Review of Amendments i. Question of the adoption of amendments to the constitution is regarded now as subject to judicial review. ii. The court can now inquire whether or not the prescribed procedure for amendment has been observed. iii. The judiciary may declare invalid a proposal: 1. adopted by less than ¾ of the members of the Congress, 2. a call for a constitutional convention by less than 2/3 of the legislature 3. ratification made by less than a majority of the votes cast 4. Plebiscite irregularly held. d. Constitutional History: i. Pre-Colonial Era 1. Inhabitants of the Philippines consisted of disparate tribes who were then scattered throughout its more than 7000 islands. 2. These tribes were generally free and were each governed by a system of laws

promulgated by the datu or a council of elders. ii. Spanish Era 1. Discovery of the Philippines by Magellan in 1521 brought the people of the territory under the common rule of Spain, which lasted for more than 300 years. 2. Because of the abuses of both the government and the friars, sense of unity among the people gradually developed. And Rizal, with the other propagandists would later ignite the spirit of nationalism that was to fuel the Philippine Revolution. 3. Andrés Bonifacio started the Philippine Revolution, and the same was won under the able generalship of Emilio Aguinaldo. This led to the proclamation of Philippine Independence in June 12 1898. 4. On 21 January 1899, the First Philippine Republic was established with Aguinaldo as the president. a. The Malolos Constitution was also enacted. i. Established a free and democratic Philippine Republic. ii. The first democratic constitution ever to be promulgated in the whole of Asia. iii. American Regime 1. On December 10 1898, the United States and the Spain signed the treaty of Paris. Said treaty provided for the cession of the Philippine Islands by Spain to the United States.

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2. Upon the resistance of the Filipinos to the new threat to their freedom, they fought with the Americans in the PhilippineAmerican War. However, they lost the foregoing war, thereby leading to the colonization of our country. 3. The Americans first organized a military government. However, the consolidation of the executive, legislative, and judicial authority to the military governor provoked protests from American libertarians who are concerned with the non-observance of the doctrine of separation of powers. They then took steps to make a transition from military to civilian rule. 4. They made the following steps: a. Schurman Commission / “First Philippine Commission”: i. Made a fact-finding survey of the Philippine Islands and submit appropriate recommendations to the US Congress. b. Taft Commission / “Second Philippine Commission”: i. Took over all the legislative powers and some of the executive and judicial powers of the military governor. c. Spooner Amendment of 4 July 1901: i. Civil government was established in the Philippines with William

Howard Taft as the first Governor. d. Philippine Bill of 1902: i. The Philippine Assembly was created in 1907 to sit with the Philippine Commission in a Bicameral Legislature. e. Jones Law / “Philippine Autonomy Act of 1916”: i. Established a Philippine Legislature consisting of a Senate and a House of Representatives. f. Tydings-McDuffie Act: i. Authorised the establishment of the Commonwealth of the Philippines. ii. Formed a Constitutional Convention that framed the 1935 Consitution. iii. This act promised independence to the Filipinos if they could prove their capacity for democratic government during a tenyear transition period. 5. After the war with Japan, the Philippines was able to demonstrate its competence and capacity for a democratic government. Hence on 4 July 1946, the United States formally withdrew its sovereignty over the Philippines iv. The Republic of the Philippines:

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1. Manuel Roxas was elected as the 5th president of the Philippines. When the United States ceded its sovereignty over the Philippines, President Roxas asserted the freedom of the Philippines and proclaimed the Republic of the Philippines. 2. In the course of the Philippines‟ independence, many events led to the deterioration of the country‟s condition. These deterioration was caused the people‟s pent-up resentments which led to demonstrations or the so-called parliament of the streets organized by student groups. 3. Because of these unrest, the Constitutional Convention of 1971 convoked and started deliberations on the revision of the 1935 Constitution and the fashioning of the 1973 Constitution. 4. With the intensification of subversive movements by communist-oriented groups, President Marcos issued Proclamation 1081, placing the entire nation under martial law. 5. On November 30 1972, the draft of the 1973 constitution was formally approved by the constitutional convention, and during the series of meetings held on January 1973, was submitted to the Citizens Assemblies for Ratification. 6. On January 17, 1973, President Marcos issued Proclamation 1102 which announced that the Constitution of 1973 has been ratified by an overwhelming Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law

majority of the people and had thus become effective. 7. On January 17, 1981, President Marcos issued Proclamation No. 2045 which lifted Marital Law. 8. On February 22, 1986, Defense Minister JPE and General FVR started what was known as the “people power”. This led to the ouster of President Marcos and the coming to power of President Aquino. a. One of the first acts of President Aquino was the promulgation of a provisional or Freedom Constitution which will be in force pending the adoption of a new constitution. b. She then created a constitutional commission headed by J. Cecilia Muñoz-Palma that will draft the 1987 constitution. c. A majority of about 16 million people voted in favor of the constitution. Pursuant to the new constitution, an election was held for the revived congress of the Philippines and those for some local offices. i. The rest of the government underwent changes conformably to the changes prescribed by the new new fundamental law. d. In the general elections of May 1992, general elections for the President and Vice President, the Senate, and all the members of the 12

HOR was held. FVR was then elected as the president and Joseph Estrada as the Vice Presidnet. e. In 1998, Joseph Estrada was elected president of the Republic. But in 2001, he was ousted to the presidency anent to some corruption charges f. On January 20, 2001, after a massive people power demonstration at EDSA, Vice President Gloria MacapagalArroyo took the oath as the constitutional successor of Estrada. e. The Supremacy of the Constitution: i. Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. ii. Right or wrong, the Constitution must be upheld as long as it has not been changed by the sovereign people lest its disregard result in usurpation of the majesty of law by the pretenders to the illegitimate power. III. CONCEPT OF THE STATE 1. Definitions a. State VS Nation State State is a community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an

Nation A people bound together by common attractions and repulsions into a living organism possessed of a common pulse, a common

independent government organized for political ends to which the great body of inhabitants render habitual obedience. Political concept Not subject to external control

intelligence and inspiration, and destined apparently to have a common history and a common fate.

Racial concept May or may not be independent of external control May consist of one or more May be made up of several nations or peoples states 2. Elements iii. People: 1. A community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law. (See discussion in Nachura) 2. The inhabitants of the State. 3. People must be numerous enough to be self-sufficing and to defend themselves AND Small enough to be easily administered and sustained. 4. People must come from both sexes to be able to perpetuate themselves. iv. Territory: 1. A fixed portion of the surface of the earth inhabited by the people of the State. 2. Territory must not be too big as to be difficult to administer and defend 3. Territory must not be too small as to be unable to provide for the needs of the population. 4. Components of territory: a. Terrestrial domain b. Maritime domain

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c. Aerial domain National Territory (Refer to Art. 1 of the 1987 PC) 1. Necessity of constitutional provision on National Territory:  Binding force of such provision under international law;  Value of provision defining our national territory;  Acquisition of other territories;  Deliberations in the constitutional convention that drafted the 1973 Constitution is enlightening as to why is there a need to define the national territory in the constitution: o Delegates Roco and Nolledo reiterated that a definition of the national territory is necessary for the preservation of our national wealth, for national security, and as a manifestation of our solidarity as a people. o Delegate Quintero made three points on why it is important to define the national territory in the constitution: 1. Territorial assertions in R.A. 3046 were couched merely in whereas clauses, and that these clauses should be expressed in more authoritative fashion; 2. Deleting the entire article on national territory would leave the status of Batanes in doubt; 3. It will cure the defects of the 1935 constitution to express the possibility of future territorial acquisitions by the Philippines. 2. Philippine Territory: A. The Philippine Archipelago Q: What is an Archipelago? A: A unit of water studded with islands. This means that the land area is everything that comes within the water area. NB: In the deliberations of the constitutional convention that 1973 constitution, Del. Roseller Lim from Zamboanga asked where this archipelago was. Committee Chairman Quintero answered that IT WAS THE AREA DELINEATED IN THE TREATY OF PARIS.

B. “All other territories over which the Philippines has sovereignty or jurisdiction”  This particular portion of Art. 2 is an old and revised provision that was formulated since the 1935 Constitution. This meant to include the islands Batanes, Marianas and Freedom Island (To which the Philippines has claims by historical rights), Sabah, and among others. C. Territorial Sea  Consists of a marginal belt of maritime waters adjacent to the base lines extending 12 nautical miles outward. Outside the territorial sea are the high seas.  The traditional length of the territorial waters measured seawards, according to the canon-shot rule of 1902 was 3 miles11. However, modern law, now recognizes 12 nautical miles.  Two methods for fixing the baseline from which the territorial belt is measured seawards: o Normal Baseline Method: Breadth of the territorial sea is measured from the low waterline, following the indentations of the coast. o Straight Baseline Method: Straight lines connecting appropriate points on the coast, without departing to any appreciable extend from the general direction of the coast. D. Internal Waters and the Archipelagic Doctrine  “The waters around, between and connecting the islands of the archipelago, irrespective of their breadth and dimensions, for part of the internal waters of the Philippines” o This together with the straight baseline method 11

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Effective range of 18 century defensive shore batteries.

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for the ARCHIPELAGIC DOCTRINE Internal Water: Consist of all parts of the sea landwards from the baseline as well as inland rivers and lakes

such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such.

E. … the airspace, the sub-soil, the sea-bed, the insular shelves and the other submarines areas.  Provision on Airspace:  This provision on airspace was based on the provisions of articles 1 and 2 of the Convention on International Civil Aviation, which stated that the state has exclusive sovereignty over the airspace above its territory.  Sovereignty over air space extends only until where outer space begins.  But the real range or extent of the airspace is not yet identified.  Provision on the sea-bed and sub-soil  Based on Art. 2 Sec 1 of the Convention on the Territorial Sea and Contiguous Zone.  Said convention allows a coastal state to exercise control over the contiguous zone, which is a part of high seas.  Determinations to the extent of the Philippines’ territorial airspace vis-à-vis its air space, sub-soil, seabed, the insular or continental shelves and other submarine areas are left to other modes than by constitutional precepts.

G. Territorial Sea  Consists of marginal belt of maritime waters adjacent to the base lines extending 12 nautical miles outward 12 . Outside the territorial sea are the high seas.  Traditional length of the territorial waters measured seawards, according to the canon-shot rule of 17023 miles.

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H. Baselines  The low-water line along the coast as marked on large-scale charts officially recognized by coastal state.  2 ways of drawing the baseline:  Normal baseline: One drawn following the lowwater line along the coast as marked on largescale charts officially recognized by the coastal state.  Straight baselines: Connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed hereby as internal waters.  This makes the Philippines an archipelago. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands.

F. Archipelago and archipelagic state  Archipelagic State: A stated constituted wholly by one or more archipelagos and may include other islands. I. Archipelagic waters  Archipelago: Means a group of islands, including parts of islands, interconnecting waters and other 12 natural features which are so closely interrelated that Basis is the 1982 Convention on the Law of the Sea Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law

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 

Waters around, between and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines. Internal Waters: Internal or inland waters consist of all parts of the sea landwards from the baseline as well as inland rivers and lakes. Not a subject to the right of innocent passage by other states.

J. Insular shelf  Seabed and subsoil of the areas adjacent to the coastal state but outside the territorial sea, to a depth of two hundred meters.  Seabed and subsoil of areas adjacent to islands. Summary of Philippine Territory according to Commissioner Adolfo Azcuna:  Terrestrial Domain: Includes all surfaces of lands above the sea that belongs to the Philippines.  Fluvial Domain: Includes the inland waters (E.g. Bays, and river, streams, the sea landwards from the baselines).  Aerial Domain: Air directly above its terrestrial. All the air that lies above the land and water territory is PH territory. All the way up to the outer space, there is no more air.  Territorial Sea: Margin or belt of maritime waters adjacent to our base lines up to the extent of 12 nautical miles.  It is a belt surrounding our base lines seaward.  Seabed: Below the territorial sea. Also PH territory.  Continental Shelf: Submarine area that is directly under the water beyond the territorial sea up to the edge of the continental margin, regardless of the depth of the superjacent waters. v. Government:

1. The agency of the or instrumentality through which the will of the State is formulated, expressed and realized. 2. Government VS State: Government State Agent Principal Possible to exist without a state. Cannot exist without a government Government may change, its As long as its essential requisites form may change are present, it remains the same. 3. Government VS Administration Government Administration Institution through which the Consists of people running the state exercises its power institution More or less permanent. MORE Temporary in nature. OR LESS because it not temporary per se because it can also change when the constitution is changed thru revision. More specific than a government. Means that the administration is the entity that execute the will, power, and duties, functions of the government. 3. Government VS Administration Government Administration Institution through which the Consists of people running the state exercises power institution More or less permanent. MORE Temporary in nature. OR LESS BECAUSE it can also be changed if the constitution is changed thru revision More specific than a government. Means that the administration is the entity that

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execute the will, power, and duties, and functions of the government. 4. Government of the Republic of the Philippines: Refers to the Corporate governmental entity through which the functions of the government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines whether pertaining to the autonomous regions, the provincial city, municipal or barangay subdivisions or other forms of local government.

Functions of the Government In the case of Fontanilla VS Maliaman, the Supreme Court recognized that the functions of government have been classified into Constituent/Governmental and Ministrant/Proprietary. The former involves the exercise of sovereignty and considered as compulsory. The latter connotes merely the exercise of proprietary functions and thus considered as optional.  

Governmental: Constitute the very bonds of society and are therefore compulsory. MANDATORY FOR THE GOVERNMENT TO PERFORM. Woodrow Wilson‟s enumeration of the constituent function of government:  Keeping of order and providing for protection of persons and property from violence and robbery.  Fixing of the legal relations between man and wife and between parents and children.

    

 



Regulation of the holding, transmission, and interchange of property, and the determination of its liabilities for debt. Definition and unison net of a crime Administration of justice in civil cases Determination of the political duties, privileges, and relations of citizens.

Proprietary: Those undertaken to advance the general interests of society, such as public works, public charity, and regulation of trade and industry. THEY ARE THOSE THAT ARE UNDERTAKEN ONLY BY WAY OF ADVANCING THE GENERAL INTERESTS OF SOCIETY, AND MERELY OPTIONAL. Commercial or universal banking is, ideally, not a governmental but a private sector endeavor. It is an optional function of government (Romualdez-Yap VS CSC). In the case of Romualdez-Yap VS CSC, the Court held that the principles determining whether or not a government shall exercise certain of these optional functions are: 1. That a government should do for the public welfare those things which private capital would not naturally undertake, and 2. That a government should do those things for the public welfare than in any private individual or group of individuals. In the case of PVTA VS CIR, the Supreme Court held that the twofold functions of the government, is now obsolete. The justification given by the court:  Growing complexities of modern society have rendered the traditional classification of the functions of government quite unrealistic, not to say obsolete.  The areas which used to be left to private enterprise and initiative and which the government was called upon to enter optionally, and only because it was better equipped to administer for the public welfare continue to lose their well-defined boundaries and to be

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



absorbed within activities that the government must undertake in its sovereign capacity if it is to meet the increasing social challenges of the times.  Here of course this development was envisioned, indeed adopted as a national policy, by the Constitution itself in its declaration of principle concerning the promotion of social justice. The blur in the division of the function of government is reiterated by the Supreme Court in the case of Philippine Association of Coconut Desiccators VS PCA. In this case, the Supreme Court held that although the present constitution enshrines free enterprise as a policy, it nonetheless reserves to the government THE POWER TO INTERVENE WHENEVER NECESSARY TO PROMOTE THE GENERAL WELFARE.  Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. Amidst said decision of the Supreme Court, the twofold functions of the government still has relevance in determining whether the government can be sued or not. In determining the suability of a state agency or corporation it is necessary to determine if said agency is performing a governmental or proprietary function.

Doctrine of Parens Patriae 

Literally “parent of the people”. One of the important tasks of the government is to act for the state as parens patriae, or





guardian of the rights of the people. In the case of the Government of P.I. VS Monte de Piedad13., the Supreme Court explained the concept of parens patriae. It held that the prerogative of parens patriae is inherent in the lodged supreme power of every state, whether that power is lodged in a royal person or in the legislature.  Has no affinity to those arbitrary powers which are sometimes exerted by irresponsible monarchs to the great detriment of the people and the destruction of their liberties.  It is most beneficient function, and often necessary to be exercised in the interest of humanity, and for the prevention of injury to those who cannot protect themselves The doctrine of parens patriae was also appreciated in the case of Cabañas VS Pilapil. In the said case, the Supreme Court held that the judiciary, as an agency of the State acting as parens patriae, is called upon whenever a pending suit of litigation affects one who is a minor to accord priority to his best interest14.

De Jure and De Facto Government  

Regardless of their forms and on the basis of legitimacy, governments are either de jure of de facto. De Jure government: Has a rightful title but no power or control, either because this has been withdrawn from it or

13

In the case of Government of P.I. VS Monte de Piedad, contributions were collected during the Spanish regime for the relief of the victims of an earthquake but part of the money was never distributed and instead deposited with the defendant bank. When the government filed an action for recovery, the defendant questioned the competence of the plaintiff, contending that the suit could be instituted only by the intended beneficiaries themselves OR BY THEIR HEIRS. The Supreme Court subsequently rejected this view and upheld that the government has the right to file the case for the state as parens patriae in representation of the legitimate claimants. 14 In this case, the government acting for the State as parens patriae chose the mother of an illegitimate child as against his uncle to be the trustee of the insurance proceeds left him by his father, who had expressly designated the uncle.

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

because it has not yet actually entered into the exercise thereof.  In Lawyer‟s League for a Better Philippines VS President Corazon Aquino, et. al., the Supreme Court held that the Government of Corazon Aquino was a de jure government because the people have accepted said government which is in effective control of the entire country. Not to mention that the community of Nations has recognized the legitimacy of the government of President Aquino.  Same was held in the case of In Re: Saturnino V. Bermudez where the court in answering the question raised by petitioner on who was the president and vice president being referred to in Sec. 7 of Art. XVIII, reiterated its resolution in Lawyer‟s League for a Better Philippines VS Aquino wherein it held that there is no doubt that the president and vice president being referred to in said provision of the 1987 constitution was no other than President Aquino and Vice President Laurel respectively. The people themselves made the judgment in this political question, and they have accepted the government of President Aquino which is in effective control of the entire country so that it is not merely a de facto government but a de jure government. De Facto government: A government of fact, that is, it actually exercises power or control but without legal title.  In the case of Co Kim Chan VS Valdez Tan Keh, the Supreme Court held that there are three kinds of de facto government:  De Facto Proper: de facto in a proper legal sense that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter.  Government of Paramount Forces: A de facto



Government which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force.  Has 2 characteristics: 1) Its existence is maintained by active military power within the territories and against the rightful authority of an established and lawful government. 2.) While it exists it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government.  Independent Government: A de facto Government that is established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. Said case also concluded that the Philippine Executive Commission was a civil government established by military forces or occupation and therefore a de facto government of the second kind. As Halleck says, “the government established over an enemy’s territory during the military occupation may exercise all the powers given by the laws of war to the conqueror over the conquered, and is subject to all restrictions which that code imposes”. It is of little consequence whether such government be called a military or civil government. Its character is the same and the source of its authority the same. In either case, it is a government imposed of suck territory or the rest of the world, those laws alone determine the legality or

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illegality of its acts. Sovereignty 

The supreme and uncontrollable power inherent in a State by which that State is governed.  Kinds: Legal Political Power to issue final The sum total of all the commands influences which lie behind the law. Internal External Supreme power over Also known as independence, everything within its territory which is freedom from external control.  Characteristics (PECAIII):  Permanence  Exclusiveness  Comprehensiveness  Absoluteness  Indivisibility  Inalienability  Imprescriptibility  Effects of change in sovereignty  ON POLITICAL LAWS: In the case of People VS Perfecto, the court held that the political laws in force during the Spanish regime are abrogated when Spain ceded the Philippines to the United States because it is inconsistent with democratic principles of government. Not to mention that it is a general principle of public law that on acquisition of territory the previous political relations of the ceded region are totally abrogated. Every nation, acquiring territory, by treaty or otherwise, must hold it subject to the constitution and laws of its



own government, and not according to those of the government, and not according to those of the government ceding it. In this case, the court held that lesse majeste is a political law because it is a law that regulates the relationship of the people with some minister of the crown, i.e. the senators of the Philippine Islands.  The same was the decision of the court in the case of Macariola VS Asuncion, wherein the Supreme Court, in dismissing a complaint against Respondent Judge Asuncion for allegedly violating the provisions of Article 14 of the Spanish Code of Commerce which prohibits judges from engaging in commerce, held that Article 14 of the Code of Commerce is already abrogated by the change of sovereignty because said provision of the foregoing code is political in nature. In addition, the court held that where there is a change of sovereignty, the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, UNLESS THEY ARE EXPRESSLY RE-ENACTED BY AFFIRMATIVE ACT OF THE NEW LAW.  ON MUNICIPAL LAWS: In Vilas VS Municipality of Manila, the United States Supreme Court, stated that while there is a total abrogation of the former politica relations of inhabitants of ceded territory, and an abrogation of laws in conflict with the political character of the substituted sovereign, THE GREAT BODY OF MUNICIPAL LAW REGULATING PRIVATE AND DOMESTIC RIGHTS CONTINUES IN FORCE UNTIL ABROGATED OR CHANGED BY THE NEW RULER. Effects of belligerent occupation  No change in sovereignty.  But in Laurel VS Misa, the court held that politicsl lsed, except the law on treason, are suspended. Municipal laws remain in force UNLESS REPEALED BY THE

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BELLIGERENT OCCUPANT. even if the individual is outside the territory of the State.  At the end of the belligerent occupation, when the occupant is ousted from the territory, the political laws  Extraterritorial: Power exercised by the State which had been suspended during the occupation shall beyond its territory in the following cases: automatically become effective again, under the  Assertion of its personal jurisdiction over its doctrine of JUS POSTLIMINIUM. nationals abroad,  Jus Postliminum: When a property taken by the  By virtue of its relations with other states or enemy is either recaptured or rescued from him, territories, as when it establishes a colonial by the fellow subjects or allies of the original protectorate, or a condominium, or power, it does not become the property of the administers a trust territory… recaptor or rescuer, as if it had been a new prize,  When the local state waives its jurisdiction but it is restored to the original owner by right of over persons and things within its territory, postliminy, upon certain terms. as when a foreign army stationed therein  Dominium VS Imperium remains under the jurisdiction of the Dominium Imperium sending state Refers to the capacity to The authority possessed by  By the principle of extraterritoriality, as own or acquire property, the State embraced in the illustrated by the immunities of the head of including lands held by the concept of sovereignty. state in a foreign country. state in its proprietary capacity. 5. Act of State: An act done by the sovereign power of a country, or by its delegate,  Jurisdiction: within the limits of the power vested in  Territorial: Power of the State over persons and him. It cannot be questioned or made the things within its territory. subject of legal proceedings in a court of  Exceptions: law. (E.g. The president, in the exercise of  Foreign states (Heads of states, its diplomatic power, extends recognition diplomatic representatives) to a newly established foreign state or  Foreign state property (Embassies, government). consulates, and public vessels engaged in non-commercial activities) IV. The Doctrine of State Immunity from Suit  Acts of state Constitutional Provision (Sec. 3 Article XVI PC): “The state may  Foreign merchant vessels exercising not be sued without its consent”. rights of innocent passage  Foreign armies passing through or 1. Stages in the suit against the state: stationed in its territory with its permission. a. Suability  Personal: The power of the State over its b. Liability nationals, which may be exercised by the State Constitutional Law 1 | Outline of Atty. Luis Manuel Bugayong | San Beda College, Manila- College of Law 21

c. Determination whether or not the aggrieved party is entitled for 2. Doctrine of State Immunity from Suit: The state as well as its government is immune from suit UNLESS IT GIVES ITS CONSENT. In the case of D.A. VS NLRC, the doctrine of state immunity was also referred to as “the royal prerogative of dishonesty” because it grants the state the prerogative to defeat any legitimate claim against it by simply invoking its non-suability. 3. Basis: d. In Republic VS Villasor15, the Supreme Court said that the reason or the basis behind the doctrine is that “THERE CAN BE NO LEGAL RIGHT AS AGAINST THE AUTHORITY THAT MAKES THE LAW ON WHICH THE RIGHT DEPENDS”. e. The demands and inconveniences of litigation will divert the time and resources of the State from the more pressing matters demanding its attention to the prejudice of the public welfare. 4. Same immunity is likewise enjoyed by other States. This is in consonance with the PIL Principle of par in parem non habet imperium (equals do not have authority over one another). a. The state‟s diplomatic agents, including consuls to a certain extent, are also exempt from jurisdiction of local courts and administrative tribunals. b. The United Nations, as well as its organs and specialized agencies are likewise beyond the jurisdiction of local courts. c. Even other international organizations or international agencies may be immune from the jurisdiction of local courts and local administrative tribunals. 15

F: In this case, the Supreme Court granted the petition of petitioner Republic of the Philippines to nullify and set-aside the decision rendered by Respondent Judge Villasor, ordering for the execution of the decision granting, P.J. Kiener Co. Ltd., Gavino Unchuan, and ICC the arbitration award amounting to Php 1,712,396.40. The aforementioned amount will be taken from the funds of the AFP. I: 1.) Whether or not the suit is against the state. 2.) Whether or not the funds of the AFP can be garnished.

NB: As was held in the case of Holy See VS Rosario16, the court held that by virtue of the principles of PIL, when a state or international agency wishes to plead sovereign or diplomatic immunity in a foreign court, it requests the Foreign Office of the State where it is sued to convey to the court that said defendant is entitled to immunity. In the Philippines, the practice is for the foreign government or I.O. to first secure an executive endorsement of its claim of sovereign or diplomatic immunity. In this case, the DFA, through the OLA moved to be allowed to intervene on the side of petitioner. The court on the other hand allowed the said department to file its memorandum in support of petitioner‟s claim of sovereign immunity. 5. Test whether to determine if suit is against the State: There must be an AFFIRMATIVE ACT FROM THE STATE TO SATISFY THE JUDGMENT. In the case of Sanders VS Veridiano17, the Supreme Court held that even if in case the 16

The Holy See owns a lot in Parañaque and they sold it to 2 buyers who then assigned rights to the sale to Rosario. In the agreement that ensued between the Holy See and the buyers, the Holy See stated that they will provide for the clearing of the land that was then filled with informal settlers. However, such did not happen. Subsequently, a dispute arose as to who should clear the parcels of land. Respondent then filed a complaint for the annulment of the sale, but the DFA intervened and said it had a legal interest in the outcome of the case as regards the diplomatic immunity of the petitioner. Petitioner in this case avers that the respondent trial court has no jurisdiction over petitioner, being a foreign state enjoying sovereign immunity. On the other hand, private respondent insists that the doctrine of non-suability is not absolute because the petitioner has divested itself of such a cloak when of its own free will, it entered into a commercial transaction for the sale of a parcel of land located in the Philippines. 17 Sanders and Moreau were both ranking officials of the U.S. Navy stationed in the Philippines. Respondents Rossi and Wyers, both American Citizens were employed as gamerooms in the special services division of the NAVSTA. Sometime in October 1975, Rosi and Wyers were advised that their employment had been converted from permanentfull time to permanent part-time. Apparently, respondents instituted a grievance proceeding. Subsequently, the hearing officers rendered a judgment in favor of respondent, ordering for the reinstatement of the permanent-full time status of the petitioners. However, in a letter sent by Sanders to Moreau, the former disagreed to the decision of the Hearing Officer. After said letters were exchanged, Respondent filed a claim for damages, saying that said letters contained libelous accusations that exposed respondents to ridicule and caused them mental anguish, and maintained that petitioners were being sued in their personal capacity. Petitioners however maintained that the acts complained of were performed in the discharge of their official duties.

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petitioners are entitled to damages, such award will have to be satisfied not by the petitioners in their personal capacities but by the United States government as their principal. It held that SUCH WILL REQUIRE THE GOVERNMENT TO PERFORM AN AFFIRMATIVE ACT TO SATISFY JUDGMENT o Affirmative Act: Appropriations of the necessary amount to cover the damages awarded, thus making the action a suit against that government without its consent. o Test of suit against the state is the same whether the suit is against government officers or a state agency is THE SAME. o In Tan VS Director of Forestry, the Supreme Cout held that state immunity from suit may be invoked as long as the suit really affects the property, rights or interests of the State and not merely those of the officers nominally made party defendants. V. Fundamental Principles and State Policies Fundamental  Article 2 of the 1987 PC: Declaration of Principles and State Policies: - Intended to lay down the rules underlying our system of government and must therefore be adhered to in the conduct of public affairs and the resolution of public issues. 1. Preamble: Serves as an introduction of the constitution. To walk before, the constitution. a. Importance of the Constitution: i. Indicate the authors of the constitution (We the sovereign Filipino People), ii. It also enumerates the primary aims and expressed the aspirations of the framers in drafting the Constitution

iii. Useful as an aid in the construction interpretation of the text in the constitution. iv. Useful as an aid in legislation.

and

NB: The preamble is not an essential part of the constitution. The essential parts of the constitution are: 1. Consti of Liberty (Bill of Rights), 2. Consti of Governance (Articles VI, VII, VIII, IX), and 3. Consti of Sovereignty (Article XVII). THE STATE PRINCIPLES: 1. Republicanism (Sec. 1 Art. II 1987 PC) a. Republic: A representative government, a government run by and for the people. Not a pure democracy where the people govern themselves directly. b. Essential Features: i. Representation: People are represented. Republicanism being a representative government. ii. Renovation: Selection by the citizenry of a crops of public functionaries who derive their mandate from the people and act on their behalf, serving for a limited period only, after which they are replaced or retained at the option of their principal. c. Manifestation of a Republican Government (GRABE-SBCD): i. Government of laws and not of men 1. The ascendancy of the law is axiomatic in a republic and must be recognized by every public official NO MATTER HOW EXALTED. 2. No one is above law; and ALL MUST BOW TO ITS MAJESTY. 3. All official act must be based upon and conform to the authority of a valid law. Lacking which, the act must be rejected. 4. Nobility of intention is not sufficient to validate an authorized act. Indeed, in

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Villavicencio VS Lukban, where Mayor Lukban, who was then that Mayor of Manila, motivated by his desire to protect the health and the morals of his constituents deported the 170 prostitutes to Davao without the consent of the deported women and without the knowledge of their relatives/friends. The Supreme Court condemned the action of Mayor Lukban, there being no showing that any law or even an ordinance had authorized it. ii. Rule of Majority 1. Plurality in elections. iii. Accountability of Public Officers iv. Bill of rights v. Legislation cannot enact irrepealable laws. vi. Separation of powers vii. Blending of powers viii. Checks and balances ix. Non-delagation of powers 2. The Incorporation Clause i. Sec. 2 provides: a. Philippines renounces war as an instrument of national policy, b. Adopts the accepted principles of international law as part of the law of the land, c. Adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. ii. Renunciation of war: a. Covenant of the League of Nations: Provided conditions for the right to go to war b. Kellog-Briand Pact of 1928: Also known as the General Treaty for the Renunciation of War, ratified by 62 States. It forbades war as an instrument of national policy.

iii.

c. Charter of the United Nations: Art. 2 of which prohibits the threat or use of force against the territorial integrity or political independence of a state. Doctrine of Incorporation: Every state, by membership to the family of nations, is bound by the principles of international law, which automatically is incorporated in its own laws. a. In the case of Kuroda VS Jalandoni, the court, in upholding the validity of E.O. 68 petitioner‟s argument, debunked the contention of the latter who averred that the creation of E.O. 68 is illegal because it violates not only provisions of the constitution, but also the laws; and that because the Philippines is not a signatory to the Hague Convention on Rules and Regulations covering Land Warfare, the charges against him are baseless because he was charged of crimes not based on laws both national and international, and that the military commission trying his case has no jurisdiction. The court held that the law is valid by virtue of Section 3 of the 1935 Constitution, which adhered to the policy of renunciation of war and the doctrine of incorporation. On that the military commission has no jurisdiction over his case because the Philippines is not a signatory to the Hague and Geneva Conventions, the Supreme Court held that even if the Philippines was not a signatory to the aforementioned conventions, it cannot be gainsaid that the rules and regulations in the abovestated conventions form part of the generally accepted principles of International Law. Hence, such rules and principles form part of the law of the laws of the Philippines even if it is not a signatory in the conventions governing them, because the constitution have has been deliberately

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iv.

v.

general and extensive in its scope and is not confined to the recognition of rules and principles of international law as contained in treaties to which our government may have been or shall be a signatory. b. The Supreme Court ruled on the basis of the abovementioned considerations in the case of Agustin VS Edu, wherein petitioner questioned the validity of Letter of Instruction No. 229 (1974) (amended by LOI 479 series of 1976), which required every car owner to procure and use one pair of a reflectorized triangular EWD whenever any vehicle is stalled or disabled or is parked for 30 minutes or more in any street, highway, etc. Petitioner further contends that LOI 229 is unconstitutional, oppressive, unreasonable, arbitrary, confiscatory, and contrary to the precepts of the new society. In reply to such allegations, respondents maintained it was not unconstitutional because the Philippines was just complying with the provisions of the treaties that It signed. Indeed, the Philippines, being a signatory to the Vienna Convention on Road Signs and Signal and having ratified the said treaty under P.D. 207, recommended that a local legislation be enacted for the installation of road safety signs and devices. The Philippines will also not repudiate a commitment to which it had pledged its word. The “generally accepted principles of international law”: Refers to norms of general or customary international law which are binding on all states. E.g. renunciation of war, sovereign immunity, pacta sunt servanda, etc. Under the 1987 PC, international law can become part of the sphere of domestic law either by transformation or incorporation.

vi.

a. Transformation: Method requires that an international law principle be transformed into domestic law by methods such as local legislation b. Incorporation: This method applies, by mere constitutional declaration, international law is deemed to have the force of domestic law. Doctrine of incorporation is applied whenever local courts are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or some municipal laws of the local state. a. In case there is a conflict between an international law and a municipal law: i. First step: Harmonize both laws so as to give effect to both. ii. If the conflict between the two laws seemed to be irreconcilable, proceed to second step: municipal laws must be upheld. b. In Ichong VS Hernandez18, the court held the treaty between the Philippines and Burma regarding the Philippines importation of rice in the said country is invalid because the retail trade national law (law in conflict with the foregoing treaty), was passed in the exercise of the police power, which cannot be bargained away through the medium of a treaty or a contract. c. In the case of In Re: Garcia, the court helt that treaties could not be intended to modify the laws in

18

Petitioner sought for the invalidation of the R.A. 1180 also known as the Retail Trade Nationalization Act because they believed that said law contravened with several treaties namely the charter of the UN and the declaration of Human Rights, and the treaty of Amity with PRC. In denying said petition, the court held that no treaties or international obligations were infringed when said law was promulgated. But granting arguendo that the said law infringes upon said the aforementioned treaties, the treaty is always subject to qualification or amendment by a subsequent law and the same may never curtail or restrict the scope of the police power of the state. There is no question that R.A. 1180 was approved in the exercise of police power.

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force in the country. In this case, Garcia applied for admission to the practice of law in the Philippines, and further petition that he be admitted without the required bar examination. He contended that under the Treaty on Academic Degrees and the Exercise of Professions between the Philippines and Spain, he is entitled to do so. The court however denied his petition because: 1. The treaty is not applicable to Filipino citizens desiring to practice law in the Philippines. 2. The treaty could not have intended to modify the laws and regulations governing admission to the practice of laws in the Philippines. 3. The executive department may not encroach upon the constitutional prerogative of the Supreme Court to promulgate rules for admission to the practice of law. 3. Defense of the State i. Section 4 provides that: a. It is the prime duty of the government to serve and protect the people. b. The Government may call the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law to render personal military or civil service. ii. State may take up all necessary action, including the use of armed force, to repel any threat to its security. iii. C.A. No. 1 or the National Defense Act states that the AFP shall be composed of a citizen armed force which shall undergo military training and serve, as may be provided by law. iv. In the case of People VS Lagman and Zosa, the accused were charged with and convicted of refusal to register for military training as required by C.A. No. 1. De Sosa contends that he did not register in the military service because he is fatherless and has a mother, and an 8 y/o brother to support. Lagman on the other hand,

has a father to support, has no military leanings, and does not wish to kill or be killed. On the contention of these both Lagman and de Sosa made in their respective cases that C.A. No. 1 in so far as it establishes compulsory military service is unconstitutional; the Supreme Court held that it was not, and indeed, it was in faithful compliance with its provisions. The duty of the government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the government excusable should there be no sufficient men who volunteer to enlist therein. v. It was also held in case of People VS Lagman and de Sosa supra, that the duty to defend the state is imposed upon all citizens, including women. And that the military or civil services that may be required by them must be personal. Q: What if a person has sincere conscientious or religious scruples about the taking of human life, or have no military inclinations or aptitudes? A: Accommodations can be made by assigning them to non-combat or civil duties. vi. Provision is based upon the inherent right of every state to existence and self-preservation. 4. Peace and Order i. Section 5 provides that a. The maintenance of peace and order, the protection of life, liberty and property. b. It will likewise promote the general welfare which is essential for the enjoyment by all the people of the blessings of democracy. 5. Separation of Church and State i. Ratio: “Strong fences make good neighbor”. The idea is to delineate the boundaries between the church and the state and thus avoid encroachments by one against

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ii.

iii.

iv.

the other because of a misunderstanding of the limits of their respective exclusive jurisdictions. State is prohibited from interfering in purely ecclesiastical affairs. Church is likewise barred from meddling in purely secular matters. a. Reason: A union of church and the state, tends to destroy government and to degrade religion. BUT the wall that separates the church and the state is not a wall of hostility. Indeed, the state recognizes the beneficent influence of religion in the enrichment of the nation‟s life. As it instills into the mind the purest principles of morality. In the case of Aglipay VS Ruiz, the court speaking thru Justice Laurel stated the influence of religion is deeply felt and highly appreciated by the State. Deeply felt because in the preamble, the Filipino people as the authors of the constitution implored the aid of divine providence in order to establish a government that would embody their ideals… Indeed it shows that they manifested their intense religious nature and placed unfaltering reliance upon Him who guides the destinies of men and nations. In Aglipay VS Ruiz, the court in denying the petition of Msgr. Aglipay regarding the withholding of the printing and issuance of postage stamps themed with the celebration of the 33rd International Eucharistic Congress in Manila and further maintaining that such was contrary to constitutional provisions on the separation of church and state, the Supreme Court held that it was not because Act. 4025, the law that directs the selling of the aforementioned stamps does not contemplate any religious purpose. The only purpose in issuing and selling the stamps was to advertise the Philippines and attract more tourists to this country. The officials concerned merely took advantage of an event of international importance to give publicity to the Philippines and its people. Indeed,

the stamps are not designed with any insignia or symbolism of the Catholic Church except for a map of the Philippines and Manila. Thus, it is obvious that the emphasis of said stamps were not the Eucharistic Congress itself but Manila as the seat of the said congress, and that any resulting propaganda received by the RCC vis-à-vis these stamps, was not the aim and purpose of the government. v. Exceptions to the rule on the separation of the Church and the State: a. Churches, parsonages, etc., actually, directly, and exclusively used for religious purposes shall be exempt from tax. b. Prohibition against appropriation for sectarian benefit, except when priest is assigned to the AFP, any penal institutions or leprosarium. c. Optional religious instruction for public elementary and high school students. d. Filipino ownership requirement for educational institutions, except those established by religious groups and mission abroad. 6. Social Justice: i. Definition: Neither communism, nor despotism, nor atomism, nor anarchy, but eh humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means promoting the welfare of all the people, the adoption by the government of all the component elements of society through the maintenance of a proper economic and social equilibrium in the intrrelations of the members of the community, constitutionally, through its adoption of measures legally justifiable, or extraconstitutionally, through the exercise of powers underlying the existence of all governments on the time-

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ii.

iii.

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honored principle of salus populi est supreme lex (Calalang VS Williams). Purpose of the provision: “To alleviate the plight of these forgotten men, to give those with less privileges in life more privileges in law”. This was contemplated in the case of Ondoy VS Ignacio19, where the Supreme Court in granting the petition for compensation for the death of Ondoy stated that “As between a laborer, usually poor and unlettered and the employer, who has resources to secure able legal advice, the law has reason to demand from the latter stricter compliance. Social justice in this case is not equality BUT PROTECTION. However social justice cannot be invoked to trample rights of property owners nor can it nullify a law on obligations and contracts. This was ruling in the case of Salonga VS Farrales. In the said case, respondent is the owner of a parcel of residential land in Olongapo City. Before respondent purchased the land, Salonga already in possession as lessee of a part of the land, on which she had already erected a house. Because the petitioner and other lessees are not paying their respective rental fees, Farrales filed an ejectment case against Salonga and other lessees. Decision was subsequently rendered in favor of farrales. Meanwhile, Farrales sold to the other lessees the parcels of land on which they respectively occupy so that when the decision was affirmed and executed on appeal, the ejectment w=case was then only against Salonga. Salonga painstakingly offered to purchase said lot from Farrales, but the latter refused. He then went to the court praying that Farrales be compelled to sell to him the land in dispute, but it was dismissed. Ruling on the issue if whether or not social justice is applicable in this case, the court held that social justice not applicable in this case because social justice cannot be invoked to trample rights of property owners

nor can it nullify a law on obligations and contracts. Ths social justice consecrated in our constitution was not intended to take away rights from a person and give them to another who is not entitled thereto. 7. Rearing of the youth i. Article 12 provides that: a. State recognizes the sanctity of family life b. It shall protect and strengthen the family as a basic autonomous social institution. c. Equally protect the life of the mother and the life of the unborn from conception. i. Policy against abortion ii. This however, must be equated with the equal protection due the mother. d. Parents have natural and primary right and duty to rear the youth for civil efficiency and the development of moral character. e. In doing the foregoing, parents shall receive the aid and support of the government. i. State cannot unreasonably interfere with the exercise by parents of their natural right and duty to rear their children. BUT there are times when it can regulate the same under the police power. 1. Ex: State is in a position to assist the parent in the proper upbringing of the child through the enforcement of educational policies looking to the attainment of the stated objectives. 2. 2 American Cases: Meyer VS Nebraska and Pierce VS Society of Sisters: a. In Meyer VS Nebraska, Supreme Court held that it is incompetent for the government to prohibit the teaching of the German language

Check ATD for digest.

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to students between certain age levels. b. In Pierce VS Society of Sisters, a law prohibiting the establishment of private schools and in effect confining the education of the youth to public institutions of learning was likewise annulled because it would standardize the thinking of the children, who according to the court, were not mere creatures of the state. ii. Article 13 provides that: 1. State shall promote and protect their physical, moral, spiritual, and social wellbeing. 2. State shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civil affairs.

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