GENERAL PRINCIPLES Fundamental law of the Confers to the constitution

state
Constitution

- Fundamental organic law of a state which Kinds of constitution

contains the principles on which government is
founded and regulates the division and exercise - Cumulative or evolved and Conventional or
of sovereign power enacted
- Conferment of the powers and limitation of the - Written and unwritten
same. - Rigid and flexible
- Social contract between the state and it’s people
( sovereignty resides in the people and all govt
authority emanates from them)
Cumulative or evolved

- Originates in customs, common law principles

Constitution vs. statute
Constitution
Legislation direct from the
people
General principles
Not merely intended to
meet existing conditions
Statute
Legislation from the
people’s representative
Provides the details of the
subject of which it treats
Intended to meet existing
conditions only
decisions of courts. Historical evolution and
growth
Conventional or enacted
- Enacted by a constituent assembly or
promulgated by the king
Unwritten
-  not embodied in a single document but based
chiefly on custom and precedent as expressed
in statutes and judicial decisions.
- Prepared with great care and deliberation
- Cannot be easily bent and twisted by the
legislature or by the courts
- Stable and free from dangers of temporary
popular passions

Written
Disadvantage of written Constitution
- Where the provisions are embodied in a single
written instrument or instruments - Difficult to amend, and prevent the introduction
of the needed changes to it and thereby retard
Flexible
growth and progress of the state
- can be amended byordinary law making
Advantage of an unwritten constitution
procedure
- Elastic and flexible, can easily be modified to
Rigid
meet new and changing conditions.
- Capable of being twisted to meet great
-  constitution which can not be amended by
emergencies
ordinary law making process, need two-third
majority for amended Constitution
Disadvantage of unwritten constitution
Advantages of written Constitution

- Definite and clear

 - Can easily be altered to meet the temporary state with its as guaranteed by
fancies of the moment inhabitants the bill of rights

Constitution Ordinance
- Stable , - Merely temporary “sovereignty resides in the people and all govt authority
permanent law emanates from them “
- - Objective is to carry
out the formation of - All acts of the govt officials must be in
the constitution conformity with the constitution. All acts must
and the be for the welfare of the people because the
fundamental law of state is the protector of the people.
the land

Political Law Constitutional law THE STATE

- Branch of public - Study of the
law w/c deals maintenance of State
with the the proper
organization and balance between - Is a community of persons, more or less
operations of the authority as numerous, permanently occupying a definite
governmental represented by portion of territory, independent of external
organs of the state the three inherent control and possessing a govt to which a great
and defines the powers of the body of inhabitants render habitual obedience.
relationship of the state and liberty
Elements of state: Government

1. People - Agency through which the will of the state is

2. Territory formulated, carried out and expressed
3. Government - Dejure: government of right, established accdng
4. Sovereignty to the constitution of the state, , true and
lawful govt.
- De facto: one that existence of which is
maintained by force within the territories and
People
against the rightful authority of an estaablished
and lawful government. It is usually
- Mass of population living w/in the state
administered directly by the military authority,
- w/o people there can be no functionaries to
or by civilian authority supported more or less
govern and no subjecst to be governed
directly by military force. It is necessarily
- no requirement as to number of people
obeyed on civil matters by private citizens who,
- not too small or too large; enough to be well-
by acts of obedience rendered in submission to
governed and large enough to be self-sufficing
such force, do not become responsible as
Territory wrongdoer, fopr those acts, are not warranted
by the laws of the rightful 
- land over w/c the jurisdiction of the state
Sovereignty
extends.
- Domain of states : terrestrial, fluvial, maritime,
- Supreme uncontrollable power
aerial
- The absolute right to govern, supreme will of language,
the state , the power to make laws and enforce customs and
them by all means of coercion it cares to traditions.
employ. - May consist of one - May or may not
or more nations be independent of
- Internal : supremacy over the individuals within
external control
the area of its jurisdiction (IMPERIUM) - - May be made up
- External : absolute independence of one state of several states
as a whole with reference to other states
(DOMINIUM)
- Cannot be suspened w/o putting it out of Doctrine of parens patriae
existence.
- What may be suspended is the exercise of the - this doctrine has been defined as the inherent
rights of sovereignty when the control and govt power and authority of the state to provide
of the territory by the enemy passes temporarily protection to the persons and property of the
to the occupant. persons non-sui juris. Non-sui juris persons are
those who lack the legal capacity to act on his
STATE NATION own behalf like the child or the insane persons.
- Political concept - Ethnic concept
- Not subject to - Group of people Archipelago doctrine
external controll bound together by
certain -  an archipelago shall be regarded as a single
characteristics unit, so that the waters around, between, and
such as common connecting the islands of the archipelago,
special origin, irrespective of their breadth and dimensions,
 form part of the internal waters of the state,
subject to its exclusive sovereignty.  the provisions of international law are
- Appropriate points are set along the coast of the
archipelago including the outmost islands and
the nconnect those points with straight
baselines. All waters w’in the baselines are
considered internal waters of the archipelago
state.
IMMUNITY OF THE STATE FROM SUIT
Sec 3 Art 16 1987 constitution
- The state may not be sued without its consent (
PIL)
- There can be no legal right as against the
authority which makes the law on which the
right depends .
Doctrine of Incorporaton
- Legal principle that, in general,
enforceable in a jurisdiction so far as they
are consistent with the provisions of
its domestic law. 
Doctrine of Transformation
- Legal principle that
the provisions of international law are
enforceable in a jurisdictions if they are
adopted through
customary use, court decisions (precedence),
or legislation. 
Immunity applies to public officers
- Applicable to complaints filed against officials
of the state for act allegedly performed by them
in th discharge of their duties
 - Judgments against such officials will require
the state itself to perform an affirmative act to
satisfy the same. Restrictive theory of state immunity

Consent Given - foreign states were immune from jurisdiction

relating to their “public acts” (acta jure imperii)
- Express- by way of general law but were not immune from jurisdiction for their
- Implied “private acts” (acta jure gestionis) including
A. when the state commences commercial activities.
litigation, thus opening itself to a
counterclaim
B. When the sate enters into contract
*executive department determines whether a foreign
provided that it is proprietary in
state is entitled to immunity from suit
nature.
- Given by the congress, general or special law, - so as not to embarrass the executive arm of the govt
( statute) in conducting the country’s foreign relations.
Suability vs liability

- When the state consents to be sued, it does not Doctrine of Royal Prerogative of Dishonesty
necessarily concede it is liable, it is giving the
plaintiff the chance to prove that the state is
liable.
 - Immunity grants the state to defeat any - Representative govt where in the powers and
legitimate claim against it by simply invoking duties of govt are exercised and discharged for
its non-suability the common good and welfare.
- People do not govern themselves directly but
through representatives
- Founded upon popular suffrage
Government of laws and not of men
DECLARATION OF PRINCIPLES and STATE POLICIES
Section 2 of Art II

- The Philippines renounces war as an

Section 1 of art II instrument of national policy, adopts the
generally accepted principles of international
- The Philippines is a democratic and republican law as part of the law of the land and adheres
state. Sovereignty resides and all govt authority to the policy of peace, equality, justice, freedom,
emanates from them. cooperation and amity with all nation.
- Renounces aggressive war, signatory to the
Republican kellog brian pact.
- Does not renounce defensive war, because it is
- Government of the people for the people by the duty bound to defend its citizens. The prime
people. duty of the govt is to protect and serve the
people.
Doctrine of Incorporaton
- Legal principle that, in general,
the provisions of international law are
enforceable in a jurisdiction so far as they
are consistent with the provisions of
its domestic law.  -
- - the generally accepted principles of
international alw , by virtue of the incorporation
clause of the constitution, form part of the laws
of the land.
Doctrine of Transformation
- Legal principle that
the provisions of international law are
enforceable in a jurisdictions if they are
adopted through
customary use, court decisions (precedence),
or legislation.  goal is to secure the sovereignty of the state and
Doctrine of auto-limitations
- The Philippines adheres to the principles of
international law as a limitation to the exercise
of its sovereignty.
Protocol de cloture
An instrument which records the winding up of
the proceedings of a diplomatic conference and
usually includes a reproduction of the text of
treaties, signed by the plenipotentiaries
attending the conference.
Section 3 art II
- Civilian authority is at all times, supreme over
the military. The armed forces of the Philippines
are the protector of the people and the state. Its
the integrity of the national territory.
Section 4. art II
- The prime duty of the Government is to serve
and protect the people. The Government may
call upon 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.
Posse comitatus
- Power of the state to require all able bodied
citizens to perform civic duty to maintain peace
and order.
Section 5 art II
- The maintenance of peace and order, the
protection of life, liberty, and property, and
promotion of the general welfare are essential
for the enjoyment by all the people of the
blessings of democracy.
Rationale:
- In conformity wit hthe preamble as it is the
aspiration of the people to have a peaceful and
orderly society.
Section 6 art II
- The separation of Church and State shall be
inviolable.
- State is prohibited from interfering with the
ecclesiastical affairs of the church, the church
is likewise prohibited from meddling in purely
secular affairs.
- Symbiotic relations between the church and
state.
Habeas Data 
- is “[we command] you have the data”.
 writ of amparo,
 - would bar the military plea of deni (2) A constitutional convention

(3) a direct proposal by the people through initiative

upon a petition of at least 12% of the total number of
AMENDMENTS registered voters, of which every legislative district must
be represented by 3% of the registered voters therein.
Section 1.
- may be amended not oftener than every 5 years
- Any amendment to, or revision of, this Constitution
may be proposed by:

(1) The Congress, upon a vote of three-fourths of all its Con-con

Members; or
(2) A constitutional convention( 2/3 vote to call for a
con-con, or by majority vote of all its members, submit
to the electorate the question of calling such a
convention)
- by a plebiscite ( majority vote, held not earlier than 60
days nor later than 90 days after the approval of such
amendment or revision.
People’s initiative

- Power of the people to propose amendments to

the constitution or to propose and enact
Amend or revised: legislation through an election called for the
purpose .
(1) The Congress, upon a vote of three-fourths of all its
Members; or
 - Held not earlier than 60 days and not later than
90 days after the certification by the
commission on election of the sufficiency of the
petition.

Doctrine of fair and proper submission

- The constitution must be submitted to the

people as a whole, not piece-meal, the people
must be informed of the issues and they must
be given sufficient time to discuss the merits
and demerits of the proposed amendments.
-