BETA GROUP SCRIPT

ASSIGNMENT#3

Submitted by: Amolato, Marvin; Calio, Elaine; Camacho, Ronald; Crusio, Albert;
Legal, Weena; Pulvera, Roselle; and Roel Rementizo

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society, and establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our patrimony, and secure to
ourselves and our posterity, the blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution (CONSTITUTION, PREAMBLE).

HISTORY

That was our Preamble. It can be found at the very beginning of our 1987 Constitution.

The constitution is defined as “that body of rules and maxims in accordance with which the
power of sovereignty are habitually exercised” (Thomas Cooly, A Treatise on the
Constitutional Limitations Which Rest upon the Legislative Power of the States of the
American Union).

Specifically the Constitution Provides for: The National Territory, Declaration of Principles and
State Policies, Bill of Rights, Citizenship, Suffrage, Legislative Department, Executive
Department, Judicial Department, Constitutional Commissions, Local Government,
Accountability of Public Officers, National Economy and Patrimony, Social Justice and Human
Rights, Education, Science and Technology, Arts, Culture and Sports, The Family, General
Provisions, Amendments or Revisions, Transitory Provisions.

The Philippines has had a total of six constitutions since the Proclamation of Independence
on June 12, 1898. (Constitution Day, Official Gazette,
https://www.officialgazette.gov.ph/constitutions/constitution-da)

The one at present is the 1987 Constitution which came into full force and effect on February
2, 1987 (De Leon v. Esguerra).

To cover the entire 18 articles of the constitution would take us an entire semester to discuss.
But to help you appreciate our Constitutions lets explore some of its provisions.

PULVERA - ARTICLE 2 SEC 1

Hello everyone, now, let’s talk about our Constitution

Now, let’s go to the Article 2 of the 1987 Constitution is the Declaration of Principles and
State Policies

Sec 1 – The Philippines is a democratic and republican state. Sovereignty resides in the
people and all government authority emanates from them. ( Article 2, 1987 Constitution, Official
Gazette, July 26, 2010<https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-
republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-ii/>(visited
on August 28,2021)

To understand this clause, we should take note of the words democratic and republican.

Democracy comes from the Greek word demos which means people and kratos which means
rule. It is a government rule by the people. A system where people can change their rulers in
a peaceful manner and the government was given the power to rule because the people say
it may. “A government of the people, by the people, for the people.” (Concept of Democracy,
Republic vs. Democracy: What Is the Difference?
<https://www.thoughtco.com/republic-vs-democracy-4169936> (August 28,2021)

While the word Republic comes from the Greek word politeia meaning rights of the citizens. A
republic is a type of government in which the power rests with the nation’s citizens. Under this
system, people can choose their leaders to represent them or make the laws. (Christian
Sims, On the tile of Plato’s Republic (Politea), July 12,
2017<https://silo.tips/download/on-the-title-of-plato-s-republic-politeia-1> (August 28,
2021)

So, what’s the difference between a democracy and republic?

Thomas Jefferson best summarizes Democracy, he stated that “A Democracy is nothing more
than a mob rule, where fifty one percent can take away the rights of the other forty-nine
percent.” (Letter: A democracy is ‘nothing more than mob rule, The Mercury News,
February 11, 2019<https://www.mercurynews.com/2019/02/11/letter-a-democracy-is-
nothing-more-than-mob-rule/> (August 28, 2021)

And John Adams comprehends the Republic as “A republic is a government of rules and not
of men” (Amanda A. Matthews, "A Government of Laws and Not of Men": John Adams,
Attorney, and the Massachusetts Constitution of 1780,
2008<https://dlib.bc.edu/islandora/object/bc-ir:102172/datastream/PDF/view> (August
28, 2021)

Then to explain it simply Democracy favors the majority over the individual while the Republic
serves to protect the natural rights of the individual over the cruelty of the majority. (Concept
of Democracy, Republic vs. Democracy: What Is the Difference?
<https://www.thoughtco.com/republic-vs-democracy-4169936> (August 28,2021)

At present, the Philippines political system is a Democratic Republic. ( Article 2, 1987

Constitution, Official Gazette, July 26, 2010<https://www.officialgazette.gov.ph/constitutions/the-
1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-
philippines-article-ii/>(visited on August 28,2021)
The sovereignty or the supreme power to govern resides in the entire filipino people, the filipino
people have the right to choose the government they want to define the powers and abolish
the government anytime and form a new one. However, if all Filipino people would act as
leaders, the country would be in chaos, so the Philippines adopted a new form of government
in which the power to govern a country is given to the elected officials who will represent the
will of the entire Filipino people and the elected officials can only exercise the powers
delegated to them by the Filipino people who are still the ultimate source of political power and
authority.

Fun fact:

The Philippines share some aspects of direct democracy. Such as INITIATIVE and
REFERENDUM. Initiative is a process where people can directly propose and enact laws, on
the other hand, referendum is an election device in which a law can either be accepted or
repealed based on the popular vote of the people. ( The Initiative and Referendum Act. Republic
Act No. 6735, 1989 <https://www.officialgazette.gov.ph/1989/08/04/republic-act-no-
6735/>(August 28, 2021)

REMENTIZO - ARTICLE 3 SECTION 1

The Bill of Rights has twenty-two sections. It enumerates the most important rights of the
citizens in the country. It serves as a safeguard/ against the power of the government.

SECTION 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws. (CONSTITUTION, Art.
III, Sec. 2).

There are three rights mentioned in this section, these are the right to life, which means that
nobody including the government can end your life. It also means the Government should take
appropriate measures to safeguard life by making laws to protect you and, in some
circumstances, by taking steps to protect you if your life is at risk. If a member of your family
dies in a circumstance that involves the state, you may have the right to an investigation. The
state is also required to investigate suspicious deaths and deaths in custody. Second, the
right to liberty, which means the right to be free or to be left alone. This means you must not
be imprisoned or detained without good or valid reason. You can do all you want as long as
you are not committing a crime or violating the right of the other individual. The third right is
the right to property, you have the right to own anything without facing a threat. Property can
include things like land, houses, objects you own, shares, licenses, leases, patents, money,
pensions and certain types of welfare benefits. A public authority cannot take away your
property, or place restrictions on its use, without very good reason. Just compensation is also
needed before a government can take your property. This right applies to companies as well
as individuals.

These three rights cannot be taken from you without “Due Process” so what is Due process?
Due process is a requirement that legal matters be resolved according to established rules
and principles, and that individuals be treated fairly. Due process applies to both civil and
criminal matters. For example, property cannot be taken or a person can go to prison without
first going to a legal system to determine if they are guilty of the crime.

Also included in this section is the equal protection of the laws, it simply means that a person
belonging to the same class must be treated alike. Example, all people earning the same
income must be taxed in equal manner according to the standard provided.

CRUSIO - ARTICLE 6 SECTION 1

Article 6, Section 1

A pleasant day everyone. Section 1 of Article 6 states that, “The legislative power shall be
vested in the Congress of the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the provision on initiative and
referendum.”(CONSTITUTION, ART. VI, SEC.1)

Article 6 of the 1987 Philippine Constitution speaks about the LEGISLATIVE DEPARTMENT
of the Philippine Government. We should bear in mind that the Legislative Department is
vested in the Congress. Congress of the Philippines is composed of the Senate and a House
of Representative, of which both chambers have the power to propose, enact, amend and
repeal laws.

We should therefore remember that in the structure of our government it is composed of

three (3) branches, namely: Executive, Legislative, and Judiciary. These 3 branches have
respective powers and functions equally divided among them so that check and balances will
be maintained. Article 6 of our Constitution laid down the powers and functions of the
Legislative Department as the co-equal branch in terms of legislation. To simplify, this branch
of our government is responsible for promulgating or enacting laws of the land. Given this
power of law-making, it can also amend and repeal existing laws if it sees that there is a need,
so that the majority of the people can benefit out of it.

For us to see the picture of the Legislative Department, it will be recalled that it is composed
of 24 senators under the House of Senate and 295 Congressmen under the House of
Representative. Senators are elected at large who will serve for a term of not more than 6
years, while on the other hand, Congressmen are elected by legislative districts and a 20% of
its total will come from party-lists who will serve for a term of 3 years. (UPDATE:
PHILIPPINE LEGAL RESEARCH, MILAGROS ONG)

Article 6 is considered as one of the very important Articles in our Constitution for the very fact
that the Government will not function effectively in the absence of laws. Laws passed by
Congress help to establish order to society and for the protection of basic human rights. On
the contrary, without the Legislative Department as provided for by the 1987 Constitution or
say for example these powers are vested to be exercised by the executive branch, then it is
prone to arbitrariness and abuse because check and balance is wanting. Moreover, the very
purpose of the Article is people’s representation, it will be noted that every district in the
Philippines is represented by a Congressman as representative of his constituency to make
sure that concerns of the people under his district can be immediately heard and acted upon.
As we learn the importance of this provision, it bears stressing that it all boils down to public
service. Article 6 of the 1987 Constitution, is intended for the law-making power of the
Congress for the benefit of Filipino people.

CAMACHO - ARTICLE 7 SECTION 1

The Article VII of the 1987 Philippine Constitution is the Executive Department.
In Section I, the Executive Power shall be vested in the President of the Philippines.

What is the Executive Power?

Well, it is defined as the legal and political function of the President involving the exercise of
discretion. It is vested in the President of the Philippines. It is the power to execute, enforce,
administer laws, those are the concepts and nature of the executive power.

So, what is the composition of the executive branch?

Actually we have three branches: the legislative department, the executive department and
the judiciary department.

For the executive branch, we have four compositions:

First, the President,
Second, the Vice President,
Third, the Cabinet, and
Fourth, the Office of the President.

So now, what are the qualifications of the President and Vice President?
First, a natural born Filipino Citizen at least forty years old on election day.
Second, residents of the Philippines for at least ten consecutive years before the election day.
Third, a registered voter. And fourth, a minimum requirement is at least to be able to read and
write.

What is the manner of election for the President and Vice President in the Philippines?
It is through direct votes of the people.

What are the terms for the Office of the President and Vice President?
For the President that is one term which is equivalent to six years starting and ending at noon
of June 30, for the Vice President can serve at least two consecutive terms(re-election) each
term is equivalent to six years and the current President of the Philippines Rodrigo Roa
Duterte. Accordingly, the oldest President in the Philippines.

What is the Presidential Succession in case the President will die or incapacity to
perform as the President?
If the President dies, the Vice President will be the President. And if the Vice President will die
also or not be capable, the next person or position to be held as President is the Senate
President and in case the Senate President will die or incapacity for the position, it is the
Speaker of the House Representative will be the President.
(CONSTITUTION, ART VII, Sec 1)
(CONSTITUTION, ART VII Sec 4)
 AMOLATO - ARTICLE 8 SECTION 1

“NO MAN IS ABOVE THE LAW AND NO MAN IS BELOW IT”

Wise words from the former US President Theodore D. Roosevelt

The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government. (CONSTITUTION, Art VIII, Sec. 1)

So, what is the Judicial Department?

JUDICIAL DEPARTMENT. The branch of government which is intended to interpret, construe

and apply the law. (Black’s Law Dictionary, p.1061)

In a simple way, Judicial Department holds the power and duty of courts of justices to interpret
and apply the laws to contests or disputes concerning legally recognized rights or duties.

This is called the Judicial Power, and can be divided into three scopes

The Adjudicatory Power, the Power of Judicial Review and lastly the Incidental Powers.

Adjudicatory Powers defines as settlement of actual controversies involving rights which are
legally demandable and enforceable and to determine whether there has been a grave abuse
of discretion amounting to lack of excess of jurisdiction on the part of any branch or
instrumentality of the government.

The Power of Judicial Review defines as the power of pass upon the validity or constitutionality
of the laws of the State and the acts of other departments of the government, how to interpret
them and how to render binding judgment.

And lastly, the Incidental Powers include the necessary effective discharge of the judicial
functions such as the power to punish persons adjudged in contempt.

LEGAL - ARTICLE 12 SECTION 2

Thank you Sir Marvin

So now let us proceed to Article XII section 2 which provides that

All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. (CONSTITUTION, Art. XII, Sec. 2 paragraph 1)

To know more let us first understand the meaning of Jura regalia.

As adopted in a republican system, the medieval concept of jura regalia has been stripped of
royal overtones: ownership is vested in the State

Hence , any person claiming ownership of a portion of the public domain, must be able to
show title from the state according to any of the recognized modes of acquisition of title."

In connection to jura regalia what is now the distinction between imperium and
dominium :When we say..

Imperium is the government authority possessed by the state expressed in the concept of
sovereignty.On the other hand, Dominium is the capacity of the state to own or acquire
property. ,

According to legal-dictionary.thefreedictionary.com/

IMPERIUM-right to command, which includes the right to employ the force of the state to
enforce the law.

According to https://definitions.uslegal.com/d/dominium/

While dominium in public law it means absolute ownership along with the right to possession
and use.Thus the owner is also entitled with the right to retain the property or transfer the
property at his/her pleasure.

To infer and appreciate more the concept..let us further discuss the next doctrine.

Now what is Regalian doctrine ?

In 1521-1898--‐The regalian doctrine was introduced into the Philippines by the colonizers,
and did not intend to strip the natives of their ownership of lands already belonging to them.

Is there any significant application? Yes !there is, the regalian doctrine provides that, if a
person is the owner of agricultural land in which minerals are discovered, the person's
ownership of such land does not give him the right to extract or utilize the said minerals without
the permission of the State

Thus,the minerals belong to the state. , once minerals are discovered in the land, whatever
the use to which it is being devoted at the time, such use may be discontinued by the State to
enable it to extract the minerals therein, in the exercise of its sovereign prerogativeFor the loss
sustained, the owner is entitled to compensation under the Mining Law or in an appropriate
expropriation proceedings.

Now the question is how to limit the dominum?Dominium necessarily includes the power
to alienate what is owned,following the lead of earlier constitutions, limits the power of the
State to alienate the natural resources of the public domain.Only agricultural lands of the public
domain may be alienated. And All other natural resources may not be

In addition:There are two levels of control that must be considered.

1. The first level is the control over the corporation which may engage with the State in
"co-production, joint venture, or production-sharing agreements.If individuals, they
must be Filipino citizens; if corporations, the ownership must be 60 % Filipino.
2. The second level control of the "co-production, joint venture, or production-sharing"
operation. must be under the "full control and supervision of the State.

In this regard the question was raised

What appears from these levels of control is that the 1987 rule is more strict than the 1935
and 1973 rules?

No. What the new rule says is that whenever natural resources are involved, particularly in the
case of inalienable natural resources, the State must always have some control of the
exploration, development and utilization even if the individual or corporation engaged in the
operation is a Filipino.

It was upheld in the case of

Miners Association of the Philippines v. Factoran, Jr. recognized the new Constitution
assumes a more dynamic role in relation to natural resources "No longer is the utilization of
inalienable lands of public domain through 'license, concession or lease'... ""The options open
to the State are through direct undertaking or by entering into co-production, joint venture, or
production sharing agreements.

And was clarified in the case of

La BugalB'laan Tribal Assoc. v. DENR. The Court ruled that financial and technical
agreements are a form of service contract. Such service contracts may be entered into only
with respect to minerals, petroleum and other mineral oils.The grant of such service contracts
is subject to several safeguards, among them are the ff

(1) that the service contract be crafted in accordance with a general law setting standard or
uniform terms, conditions and requirements;(2) the President be the signatory for the
government;and (3) the President report the executed agreement to Congress within thirty
days.

As Mr.. Davide already quoted, as one of his statement found in the book of Bernas ,he state
that "no timber or forest concessions, permits or authorization can be exclusively granted to
any citizen of the Philippines nor to any corporations qualified to acquire lands of the public
domain

In other words, management authority may be granted to foreigners to the extent necessary
for the performance of the financial or technical agreement. It should also be recalled that in
the past, Timber licenses, permits and license agreements were the principal instruments by
which the State regulated the utilization and disposition of forest resources to the end that
public welfare was promoted.

Other limitations? Yes there are other limitations

The 1987 Constitution introduced the ff limitations

Agreements for the exploitation of the natural resources can have a life of only twenty-five
years.

1.This twenty-five year-limit dates back to the 1935 Constitution and is considered to be a
"reasonable time to attract capital,in local and foreign and to enable them to recover their
investment and make a profit."Take note that the twenty-five year limit on the exploitation of
natural resources is not applicable to "water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power." In these cases, "beneficial use
may be the measure and the limit of the grant." But in the case of water rights for waterpower,
the twenty-five year limit is applicable.

2. A more strict rule is imposed regarding the use and enjoyment of the nation's "marine wealth
in its archipelagic waters, territorial sea, and exclusive economic zone. " These are reserved
for the exclusive use and enjoyment of "Filipino citizens,that is, Filipino natural persons.

3. A special provision is made in favor of subsistence fishermen and fish workers: "

4., A limitation on service contracts is imposed:The President may enter into agreements with
foreign-owned corporations involving either technical or financial assistance for large-scale
exploration.. In such agreements, the State shall promote the development and use of local
scientific and technical resources."

To sum up ARTICLE XII section 2 of the 1987 Philippine Constitution generally reserved for
the protection, enjoyment and promote general welfare of the Filipino and the state,any
agreement entered into must be "according to the general terms and conditions prescribed by
law, based on real contributions to the economic growth and general welfare of the country.

Thank you for listening and I hope you’ve from this section

Its your turn Ma’am Elaine

CALIO - ARTICLE 12 SECTION 3

Thank you Ma’am Weena. Now let’s proceed to Section 3 of Article 12 of the 1987 Constitution.

Land is the single biggest major resource of our nation.

Section three (3) of Article 12 of the 1987 Constitution provides that “Land of the Public domain
are classified into agricultural, forest or timber, mineral Lands, and National Parks.”
(CONSTITUTION, Art. XII, Sec. 3)
The introduction of National Parks as classification was only established in the 1987
Constitution. (The Secretary of The Department of Environment and Natural Resources
v. Yap)

Examples in ppt:

But who exactly classifies these lands?

“The classification of public lands is an exclusive prerogative of the Executive Department of

the Government. In absence of such classification, the land remains as unclassified until
released “ (Director of Lands v. Court of Appeals)

What does that mean?

Let's say there is an area of land that used to be completely filled with trees. But one day
loggers came and stripped them all down. How will this land be classified now?

Well the classification is descriptive of its legal nature or status and does not have to be
descriptive of what the land actually looks like. (Heirs of Amunategui v. Director of Forestry)

So just because a piece of land has been stripped completely clean of any trees, it does not
mean that it stops being classified as a forest or timber land.

There is a big difference between "forest" as defined in a dictionary and "forest or timber land"
as a classification of lands of the public domain as appearing in our statutes. (Republic v.
Court of Appeals)

Forest is a description of what you see. “Forest or timber land” is a legal status provided by
the Executive Department.

Section 3 of the 1987 Constitution

“ Agricultural lands of the public domain may be further classified by law according to the uses
to which they may be devoted. Alienable lands of the public domain shall be limited to
agricultural lands.”

What are alienable lands?

“ Alienable and disposable lands refer to those lands of the public domain which have been
the subject of the present system of classification and declared as not needed for forest
purposes. .” (Presidential Decree No. 705 (1975) Section 3 (c))

Example in ppt:
Alienable lands not needed for forest purposes can be used by private corporations or
associations and citizens of the Philippines given the following conditions:

“Private corporations or associations may not hold such alienable lands of the public domain
except by lease, for a period not exceeding twenty-five years, renewable for not more than
twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines
may lease not more than five hundred hectares, or acquire not more than twelve hectares
thereof, by purchase, homestead, or grant. (CONSTITUTION, Art. XII, Sec. 3)

Now that Lets try to apply what we have learned:

Doctor Drake built Cake by the Ocean Beach Resort on Sandy Beach Islands. Cake by the
Ocean Beach Resort is a high end beach resort which has been fully constructed.

One day it was found that the parcel of land where Cake by the Ocean Beach Resort stands
has never been classified as alienable and disposable by any official proclamation.

Question: Does the fact that Dr. Drake built Cake by the Ocean Beach Resort automatically
classifies the parcel of land as agricultural and alienable?

The answer is no. The classification of land is descriptive of the legal nature of the land and
not what it looks like. So just because Dr. Drake built a high end resort on said parcel of land,
does not make it alienable in the eyes of the state. There must be an official declaration that
the said land has been classified as alienable.

Now lets say that there is a parcel of land and it has been clearly classified by the government
as alienable agricultural land. This parcel of land is about 2 thousand hectares. Because of its
economic potential Leray Corporation, a private company, wants to acquire such land.

Question: Can Leary Corporation acquire such land?

The answer is no. Corporations can only LEASE alienable lands of the public domain, for a
period not exceeding twenty five years, which is renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area.

But what if instead of a corporation, Gela Rose Leray a Filipino Citizen, were interested in
acquiring such an area?

As Filipino Citizen Gela Rose Leray can acquire the alienable agricultural land through
purchase, homestead, or grant, but only to a maximum of twelve hectares.

So that's the end of our video. We hope you’ve all enjoyed.

From your Ates and Kuyas of the SMC College of Law