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Poli Law Reviewer
Poli Law Reviewer
Poli Law Reviewer
CONSTITUTION – it is a body of rules and maxims in accordance with which the powers of
sovereignty are habitually exercised. It is a written instrument enactment by the direct action of
the people by which the fundamental powers of the government are established, limited and
defined, and by which those powers are distributed among the several departments for their safe
and useful exercise, for the benefit of the body politic.
KINDS OF CONSTITUTION
1. WRITTEN OR UNWRITTEN
a. Written – the provisions of which are reduced to writing and embodied in one or
more instruments at a particular time
b. Unwritten – consists of rules which have not been integrated into a single, concrete
form but are scattered in various sources, such as statutes of a fundamental
character, judicial decisions, commentaries of publicists, customs and traditions,
and certain common law principles.
2. ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
a. Enacted (Conventional) – enacted deliberately and consciously by a constituent
body or ruler at a certain and place.
b. Evolved – results from a political evolution, across several years.
3. RIGID OR FLEXIBLE
a. Rigid – it can be amended only through a formal and difficult process.
b. Flexible – it can be amended by ordinary legislation as in the case of an unwritten
constitution.
DOCTRINE OF CONSTITUTIONAL SUPREMACY: Under this doctrine, if a law or contract violates any
norm of the Constitution, that law or contract, whether promulgated by the legislative or by the
executive branch or entered into by private persons for private purposes is null and void and
without any force or legal effect. Since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute and contract (Manila Prince Hotel
vs. GSIS, G.R. No. 122156, Feb. 3, 1997).
1. CONSTITUENT ASSEMBLY
a. By Congress acting as a Constituent Assembly upon a vote of ¾ of all its members
b. It covers amendment or revision
c. The legal questions subject to judicial review are:
i. Manner of proposal
ii. Manner of calling the Constitutional Convention
d. As to Political Questions: The substance of the proposal
2. CONSITUTIONAL CONVENTION
a. By Congress upon a vote of 2/3 of all its members or upon a majority vote of all
members of Congress to submit to the electorate the question of calling a
Constitutional Convention.
b. It covers amendment and revision
c. The legal questions subject to judicial review are:
i. Manner of Proposal; or
ii. Manner of Calling the Constitutional Convention
3. PEOPLE’S INITIATIVE – By the people, upon a petition thru a plebiscite (at least 12% of the
total number of registered voters, of which every legislative district must be represented
by 3% of the registered voters therein.
a. It covers amendment only (Lambino vs. COMELEC)
b. As to legal questions, the propositions can be declared null and void for:
i. Violation of the Constitution
c. As to its limitation, no amendment be authorized oftener than once every 5 years.
NATIONAL TERRITORY – it is the fixed portion of the surface of the Earth inhabited by the people
of the State. As an element of a State, it is an area over which a state has effective control.
ARCHIPELAGIC DOCTRINE: The waters around, between and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines. Under the archipelagic doctrine, we connect the outermost points of our archipelago
with straight baselines and consider all the waters enclosed thereby as internal waters. The entire
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archipelago is regarded as one integrated unit instead of being fragmented into so many thousand
islands.
DOCTRINE OF STATE IMMUNITY: The State may not be sued without its consent.
GR: All states are sovereign equals and cannot assert jurisdiction over one another,
consonant with public international law of par in parem non habet imperium. A contrary
disposition would unduly vex the peace of nations.
XPN: A State may be sued if it gives its consent, either expressly or impliedly.
o Express Consent – made through a general law or special law.
o Implied Consent – it is made when:
The State commences litigation
The State enters into a business contract (U.S. vs. Ruiz)
Acta Jure Imperii – by right of sovereign power and in the exercise
of sovereign functions. No implied consent (US vs. Ruiz).
Acta Jure Gestionis – by right of economic or business relations,
commercial or proprietary acts. State may be sued (US vs. Guinto,
1990).
SUABILITY VS. LIABILITY
o AS TO BASIS: Suability depends on the consent of the State to be sued; whereas
Liability depends on the applicable law and the established facts.
o AS TO A CONSEQUENCE OF ANOTHER: In suability, the circumstance that a State is
suable does not necessarily mean that it is liable; whereas in Liability, the State can
never be held liable if it is not suable.
RULES ON THE LIABILITY OF THE FOLLOWING:
o PUBLIC OFFICERS – by their acts without or in excess of jurisdiction. Any injury
caused by him is his own personal liability and cannot be imputed to the State.
o GOVERNMENT AGENCIES – establish whether or not the State, as principal which
may ultimately be held liable, has given its consent.
o GOVERNMENT – Doctrine of State Immunity is available.
IMPLICATIONS OF THE PHRASE “WAIVER OF IMMUNITY BY THE STATE” DOES NOT MEAN A
CONCESSION OF ITS LIABILITY
o When the state gives its consent to be sued, all it does is to give the other party an
opportunity to show that the state is liable. Accordingly, the phrase “waiver of
immunity by the state” does not mean a concession of its liability. Impliedly, the
State is merely giving the plaintiff a chance to prove that the state is liable, but the
state retains the right to raise all lawful defense (Philippine Rock Industries vs.
Board of Liquidators, G.R. No. 84992, December 15, 1989).
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