POLITICS AND GOVERNANCE: SUPPLEMENTAL

READINGS/INFORMATIONS/DATAS 2019
By: Mhay Anne
Interpretation/Construction of the Constitution
In Fransisco v HR, the SC made reference to the use of well-settled principles of
constitutional construction, namely:
1. Verba Legis- “...that is, wherever possible, the words used in the
Constitution should be given their ordinary meaning except where technical
terms are employed.”
2. Ratio legis et anima – “...where there is ambiguity, meaning that the words
of the constitution should be interpreted in the accordance with the intent of
its framers.”
3. Ut magis valeat quam pereat – “...that the Constitution is to be interpreted
as a whole.”

Qualities of good written constitution

1. Broad. Because it provides for the organization of the entire government

and covers all persons and things within the territory of the State and
also because it must be comprehensive enough to provide for every
contingency.
2. Brief. It must confine itself to basic principles to be implemented with
legislative details more adjustable to change and easier to amend.
3. Definite. To prevent ambiguity in its provisions which could result in
confusion and divisiveness among the people.

Essential parts of a good written constitution

1. Constitution of Government. The series of provisions outlining the

organization of the government, enumerating its powers, laying down
certain rules relative to its administration and defining the electorate.
(ex. Art VI, VII, VIII and IX)

2. Constitution of Liberty. The series of proscriptions setting forth the

fundamental civil and political rights of the citizens and imposing
limitations on the powers of government as a means of securing the
enjoyment of those rights. (Ex. Article III)

3. Constitution of Sovereignty. The provisions pointing out the mode

or procedure in accordance with which formal changes in the
fundamental law may be brought about. (Ex. Art XVII)

Plain meaning rule. Whenever possible the words used in the

Constitution must be given their ordinary meaning except when
technical terms are employed.

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POLITICS AND GOVERNANCE: SUPPLEMENTAL
READINGS/INFORMATIONS/DATAS 2019
By: Mhay Anne
Interpretation according to spirit. The words of the Constitution
should be interpreted in accordance with the intent of the framers.

What does territory include?

Territory includes land, maritime areas, airspace and outer space.56
Airspace
o Each state has exclusive jurisdiction over the air above its
territory.
o The consent for transit must be obtained from the subject
nation.
o Aircrafts not engaged in international air service, shall have the
right to make flights into or in transit non-stop across its territory and to
make steps for non-traffic purposes without the necessity of obtaining
prior permission and subject to the right of the State flown over to
require landing. (Chicago Convention on International Civil Action)

Outerspace
o Sovereignty over airspace extends only until where outerspace
begins. (50-100 miles from earth)

Different areas beyond the land territory

o Territorial Seas (12 N.mi from baseline)
o Contiguous Zone (24 N.mi from baseline)
o Exclusive Economic Zone/Patrimonial Sea(200 N.mi
from baseline)
o High seas (Waters beyond territorial sea)

Territories Covered under the Definition of Article 1

1. Those ceded to the US by virtue of the Treaty of Paris on December 10,
1898.
2. Those defined in the treaty concluded between the US and Spain (Treaty
of Washington) on November 7, 1990, which were not defined in the
Treaty of Paris, specifically the islands of Cagayan, Sulu and Sibuto.
3. Those defined in the treaty concluded on January 2, 1930, between the
US and Great Britain (Treaty with Great Britain), specifically the Turtle
and Mangsee islands.
4. The island of Batanes, which was covered under a general statement in
the 1935 Constitution.
5. Those contemplated in the phrase “belonging to the Philippines by
historic right or legal title” in the 1973 Constitution. (Malolos Consti to
the Freedom Consti).

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POLITICS AND GOVERNANCE: SUPPLEMENTAL
READINGS/INFORMATIONS/DATAS 2019
By: Mhay Anne
Archipelagic Waters
According to UNCLOS, Archipelagic waters refer to areas enclosed as internal
waters by using the baseline method which had not been previously considered
as internal waters. (See Article 53 of UNCLOS)

Article 8(2) of UNCLOS: Where the establishment of a straight baseline in

accordance with the method set forth in Article 7 has the effect of enclosing as
internal waters areas which had not previously been considered as such, a
right of innocent passage as provided in this Convention shall exist in those
waters.

According to UNCLOS, in “archipelagic waters”, a right of innocent passage

shall exist in these waters. But, the Philippines made a reservation, thus, “The
concept of archipelagic waters is similar to the concept of internal waters under
the Constitution of the Philippines, and removes straits connecting these
waters with the economic zone or high sea from the rights of foreign vessel to
transit passage for international navigation.”

Bernas: The reservation is ad cautelam. The claim made in the Constitution

took effect in 1973 before the 1982 Law of the Sea Convention was formulated.
Article 8(2) of the Convention itself says that the new rule on archipelagic
waters applies only to “areas which had not previously been considered as”
internal waters.
*** ad cautelam – “with express reservation on jurisdiction”

Principles and State Policies

A. Description
This portion of the Constitution (Article II) might be
called the basic political creed of the nation.

B. Function of the “Declaration of Principles andState Policies” in the

Constitution
It is the statement of the basic ideological principles and
policies that underlie the Constitution. As such, the provisions
shed light on the meaning of the other provisions of the
Constitution and they are a guide for all departments of the
government in the implementation of the Constitution.

What are Principles?

Principles are binding rules which must be observed in the conduct of
the government.
What are Policies?
Policies are guidelines for the orientation of thestate.

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POLITICS AND GOVERNANCE: SUPPLEMENTAL
READINGS/INFORMATIONS/DATAS 2019
By: Mhay Anne
Note: The distinction between principles and policies is of little significance
because not all of the six “principles” are self-executory and some of the
“policies” already anchor justiciable rights.

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

Classification of Government on the Basis of Legitimacy

1. De Jure Government - One established by authority of the legitimate
sovereign.

2. De Facto Government - One established in defiance of the legitimate

sovereign. It actually exercises power or control without legal title.

3 Kinds of De Facto Government:

1. The government that gets possession and control or, or usurps,
by force or by the voice of majority, the rightful legal government and
maintains itself against the will of the latter.(Such as the government of
England under the Commonwealth, first by Parliament and later by
Cromwell as Protector.)

2. Established and maintained by invading military forces. That

established as an independent government by the inhabitants of a
country who rise in insurrection against the parent state (Such as the
government of the Southern Confederacy in revolt against the Union
during the war of secession in the United States.)

3. Government of paramount force. That which is established and

maintained by military forces who invade and occupy a territory of
enemy in the course of war. (Such as the cases of Castine in Maine,
which was reduced to a British possession in the war of 1812, and
Tampico, Mexico, occupied during the war with Mexico by the troops of
the US.) (Co Kim Chan v. Valdez , 75 Phil 113)

Note:
The government under Cory Aquino and the Freedom Constitution is a de jure
government. It was established by authority of the legitimate sovereign, the
people. It was a revolutionary government established in defiance of the 1973
Constitution. (In Re Letter of Associate Justice Puno, 210 SCRA 589 (1992).

The government under President Gloria Macapagal Arroyo established after the
ouster of President Estrada is de jure government. Sinco on Revolution or
Direct State Action: “It sometimes happens that the people rise in revolt against
the existing administration [government] and through force or threats succeed

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POLITICS AND GOVERNANCE: SUPPLEMENTAL
READINGS/INFORMATIONS/DATAS 2019
By: Mhay Anne
in altering the constituted organs of the government. From the point of view of
the existing constitutional plan, that act is illegal; but considered from the
point of view of the sate as a distinct entity not necessarily bound to employ a
particular government or administration to carry out its will, it is the direct act
of the state itself because it is successful. As such, it is legal, for whatever is
attributable to the state is lawful. This is the legal and political basis of the
doctrine of revolution.”

Presidential v. Parliamentary form of government

The presidential form of government’s identifying feature is what is called the
“separation of powers.”

The essential characteristics of a parliamentary form of government are:

1. The members of the government or cabinet or the executive arm are,
as a rule, simultaneously members of the legislature;

2. The government or cabinet consisting of the political leaders of the

majority party or of a coalition who are also members of the legislature, is in
effect a committee of the legislature;

3. The government or cabinet has a pyramidal structure at the apex of

which is the Prime Minister or his equivalent;

4. The government or cabinet remains in power only for so long as it

enjoys the support of the majority of the legislature;

5. Both government and legislature are possessed of control devices

which each can demand of the other immediate political responsibility. In the
hands of the legislature is the vote of non-confidence (censure) whereby
government may be ousted. In the hands of the government is the power to
dissolve the legislature and call for new elections.

Q: What constitutional forms of government have been experienced by the

Philippines since 1935?
A: Presidential and presidential only.

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