Constitutional Law 1- Dean Hilario Morales
Amendment – adding, reducing or deleting a law
Good Afternoon Sir and classmates, I’m Gleo Matthew
Galera, a working student and currently working as a
Respiratory Therapist in Lucena City.
Midterm Grade – Class Standing and Midterm
Examination = 60%/40%
Final Grade – Class Standing and Midterm
Examination = 60%/40%
Nature of Quizzes, MCQ Examination Multiple Choice
Question, Enumeration and Essay
Essay ang Major/Periodical Examinations
Technique/ Preventive:
 Responsive answer,
 Read the Question twice, the last sentence
usually contain the question.
 Read the question first before the facts, and
find the facts that fit the question
 The follow up question do not yield the same
answer usually in the exam of Dean Morales
Nature and Concept – The written instrument
enacted by direct action of the people by which the
fundamental powers of the government are
established,limited and defined by which those power
are distributed to the different department for the
benefit of the political body
1987 Constitution -written, enacted and rigid
The constitution is difficult to amend
Doctrine of Constitutional Supremacy. Next are the
statutes by the congress.
Doctrine of Hierarchy of Laws – Statute and
Ordinance, the law enacted by the congress will
prevail over the local law.
Parts of Constitution:
1. Constitution of Government – provides for the
structure and system of government
2. Constitution of Liberty – Bill of rights, series of
prescriptions
3. Constitution of Sovereignty – formal changes
How a constitution can be amended or revised:
without altering the basic principle involved
Revision – A revamp or rewriting the whole
instrument altering the entirety of the constitution
and altering the principle involved
Amendment of Constitution
Proposal –
Entity who can propose, Congress or constitutional
convention, ratification by the people by a plebiscite,
Constitution is a direct enactment by the people.
Who may propose amendments or revisions?
1. Congress -
2. Constitutional Convention –
3. People’s Initiative –
September 8,2022
Constitution is a law, fundamental law, highest law
1987 Constitution -written, enacted and rigid
Doctrine of Constitutional supremacy –
Doctrine of Hierarchy of Laws Incase of conflict of
statutes and ordinance
A written constitution has 3 parts
1. Constitution of Government (Art. 6, 7, 8,9,10,
11)
2. Constitutiocn of Liberty- civil and political
right citizen and the relationship of the state
to the private citizen
3. Constitution of Sovereignty – pointing out the
provision and how it can be drafted, enacted.
Amended and revised
AMENDMENTS AND REVISION
Amendment -isolated or piecemeal change
Revision – a revamp or rewriting
Qualitative change
Shift from bicameral to unicameral then it is a
revision
When it is change on the rules then it is an
amendment
Constitutional Law 1- Dean Hilario Morales
2 steps in the amendatory process
1. Proposal – congress, constitutional
convention thru a law, by people’s initiave.
2. Ratification – by a plebescite
Plebiscite – voting
Who may propose amendments or revision?
1. Congress – by vote ¾ of all its member. ¾ in
the senate ¾ of House of Representative.
They can meet jointy or separately.
2. Constitutional Convention – 2/3 vote of all
members of congress. If vote is not obtained
by a majority then it will be decided by the
people throught Plebiscite
3. People’s Initiative – atleast 12% of the
number of registered voters of that every
legislative distrtrict atleast 3%
- A people’s initiative can only make
amendment and not revisions. It cannot
revise the constitution but amend it only.
Lambino V. Comelec.
The draft of the proposed amend must be
embodied in petition.
Peoples initiative has no enabling law, it is not
yet self executory.
RA6735 covers only initiative and statutes, do
not offer on how it can amend the
constitution.
Doctrine of Proper Submission- A plebescite
may be held on same day as a regular
election. The entire proposal must be
submitted in one plebecite only. No piece-
meal submission.
Judicial Review – Amendments can only be
questioned
Revision are for Congress and constituent
assembly only. Amendment
Interpretation of Constitution:
1 Verba Legis – given their ordinary meaning
2 Ratio Legis – where there is ambiguity,
should be interpreted to give effect to the
intention of the framers.
Out constitution is Reactionary Constitution
against the government Marcos
3. In case of doubt –
History of the times and the condition
and circumstances under which the
constitution was framed
Provision should be considered self-executing;
mandatory
ART. DECLARATION OF PRINCIPLES AND STATE
POLICIES.
REPUBLICAN DEMOCRACY – one where shall
government authority emanates from the
people and it is exercised by representatives chosen
by the people.
Manifestations:
1. Governent of Laws not Men
2. Regularity of Elections
3. Separation of Powers and checks and
balances
4. Non-delagation of powers
5. People empowerment thru bill of rights.
Incorporation Clause – the doctrine of incorporation
states Generally accepted principles of international
law on the land. Hence, no legislative action required
to make them applicable to the country
Civilian Supremacy:
1. Art.2 Sec.
Inviolability of the Church and State
1. Non-establishment Clause Art. 3 Sec.5
2. Various sector may be represented in HoR
except religious sector
3. Prohibition against the use of public funds for
benefit of any religion Par. 2, Sec. 29, Art. 6
4. Religious groups shall not be registered as
political parties.
Wilsonian Doctrine
-seperation of church and state, protection of church
in the interference of the state. It is what we use in
Philippines.
Philippines Jurisprudence leans towards the Theory of
Benevolent Neutrality. Under this theory, the wall of
Constitutional Law 1- Dean Hilario Morales
separation is meant to protect the church from the
State.
With respect to governmental actions,
accommodation of religion may be allowed, not
promote governments favored religion but to allow
individuals and group to exercise their religion
without hindrance.
Courts should not touch doctrinal and diciplinary
matters. Taruc v. Cruz
Sec. 5,11,12, 13 and 17 of Article 2, deals with general
welfare, are not self-executing provisions and
disregard of which cannot give rise a cause of action in
the courts. They do not embody judicially
enforceable rights but guidelines for legislation.
(Kilosbayan Inc. v Morato) They are mere statements
of policies which are not self-executing. A law has to
be passed in order to implement them.
Sovereignty
It is the supreme and uncontrollable power inherent
in a state by which that state is governed.
It may be legal or political; Internal or External
Dominium – refers to capacity to own, acquire
property,
Imperium (INDEPENDENCE) – the authority the
possessed by the state embraced in the concept of
sovereignty
Jurisdiction
1. Territorial
2. Personal – power of the state over its
nationals even outside of its territory (Status
of a person, Taxation)
3. Extraterritorial – power exercised by the state
beyond its territory
State Immunity
There can be no legal right against the authority which
makes the law on which the right depends Hence, the
state cannot be sued without its consent
Consent can be implied or expressed
Civil law 2189 – state can be suid express
Test if suit is against the state – if the decision is
against a public officer or agency impleded there must
be an affirmative act from the state such as
appropriation of the needed amount to satisfy
judgement,
Suit against Government Agencies.
If Incorporated, see charter if it can be sued
If Unincorporated, see the principal function
If governmental, no suit without consent
If proprietary, suit will lie.
SEPARATION OF POWERS
Doctrine of Separation of Powers:
1. Governmental powers are allocated and
shared by the 3 branches of the government,
Executive (implementation of laws),
Legislative (making of laws) and Judiciary
(Interpretation of laws) Tripartite System and
2. No encroachment on field allocated to other
branches.
EXCEPTIONS:
1. Checks and Balances
2. Blending of Powers
Checks and Balances – any excessive of the power
given to a branch may checked by the other in
accordance with the mode prescribed by the
constitution. Example : veto, overrding veto,
declaration of unconstitutionality of an act ot law
No Delegation of Powers Doctrine
Applies to all branches of the government but with
moderation to the executive
Doctrine of Qualified Political Agency
Acts of the member of the cabinet are considered acts
of the president.
Applicable to 3 branches of the government
EXCEPTIONS: Permissible delegation of legislative
powers
1. Emergency power to president, tariff power,
president
2. Delegation of local government (RA7160)
3. Delagation of administrative bodies (EO292)
4. Delagation to the people at large (RA6735)
Tests of valid delegation:
Constitutional Law 1- Dean Hilario Morales
1. Completeness Test – when the statute leaves
the legislative mill complete in all its terms
and provisions so that nothing is left to the
judgement of the delegate
2. Sufficient standard test- justice and equity,
public interest,
NATIONAL TERRITORY
Archipelagic Doctrine – it applies to a state that
consists of many island (Archipelagic Territory)
- When a state has so many island, it must
be treated as a single unit
-
Regime of Islands Doctrine
Regime of Islands Doctrine as embi
Internal Waters – water around between and
connecting the island of the archipelago, regardless of
their breadth and dimensions.
Archipelagic Waters – International Term for internal
waters. If this was used in constitution, we cannot
prevent innocent passage. To prevent foreign passage
of foreign vessels
Archipelagic water – the can navigate
Internal water – the cannot navigate
Territorial sea from the the baseline is 12 nautical
miles
12 nauticlal miles from the Territorial Sea is the
contiguous zone
200 nautical miles the baseline is the exclusive
economic zone
Exclusive economic zone – 200 nautical miles
Doctrine of subordination
LAWS THAT ARE IIREPEALABLE ARE NOT ALLOWED to
be Passed by the Congress.
Laws are supposed to be dynamic
Declaration of State Principles and Policies
GAPOIL General accepted principle of International
Laws
Civilian Supremacy at all times.
Doctrine of Benevolent Neutrality
Constitutional Amendment – Plebescite
Laws th
There are 4 elements in Political Law, in International
Law it is 6
People – citizens Article IV of the constitution
Citizens and Aliens-
Territory
Archipelagic Doctrine – body of water studded with
islands and enclosed using a baseline straightline
method is treated as a whole.
Regime of Island Doctrine –
Island is a body of land capable of sustaining life
Who are the Citizen of Philippines?
 Those who are at the time of the adoption of
this Constitution
 Whose fathers or mothers are citizens of
Philippines
 Those who are born before January 17.1973,
of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
 Those who are naturalized in accordance with
law
Derivative Naturalization – Sec. 15 of CA 437 –
extends the grant of Philippine citizenship to the
minor children of the one naturalized thereunder
Requisite
Legally Married
Born in the Philippines
Still minor when petitioner was naturalized
citizens
Marriage is not a mode of acquiring Filipino
Citizenship
Administrative Naturalization
 Aliens born in the Philippines
 Residing therein since birth
Constitutional Law 1- Dean Hilario Morales
Read: Republic v Sagun:
Mere registration of a voter does not confer upon
him the right to vote. It is condition precedent to
exercise of the right to vote. It is a form of
regulation, not a qualification. Likewise, the mere
exercise of suffrage continuous and uninterrupted
Modes of Losing and Reaquiring Citizenship
LOSING
 Natural born Filipinos who lost and reacquired
Filipino Citizenship shall be considered natural
Filipino born Citzen
 Those who reacquire lost Filipino Citizenship
under this law will lost their previously
acquired foreign citizenship , hence, not a
dual citizen
In RA 9225 you will become a citizen, In
8171 you will revoke your American
citizenship

 By substitution Reacquisition under the two laws is accomplished

 By express renunciation of citizenship simply by:
made known distinctly and explicitly and  Taking an oath of allegiance to the Republic of
not mere interference the Philippines
 But obtention of a Portuguese passport  Registering said oath in the Local Civil
and signing a commercial document as Registry of the Place where the person
Portuges were construed as renunciation concerned resides or last resided
of Philippine Citizenship
 Registration of the Certifacate of Repatriation
 And the continued use of foreign in the Bureau of Immigration
passport renounces natural-born
Philippine citizenship reaquiired RA9225
(Dual Citizenship Act)
NO judicial proceding require in RA 9225 and RA
 Marriage to a foreigner is not a mode of
8171
losing citizenship
 Subscribing to an oath of allegiance to
support the constitution
THE relationship of the Senate and the house of
 By rendering service to armed forces of a
representative is equal
foreign country
 By being a deserter STAGGERED ELECTION FOR SENATORS

ACQUIRING Structure of Government – Unitary

 RA 8171 – Method – Presidential

o Filipino women who is lost their
Tripatriate System
Philippine citizenship by marriage to
aliens Other commission independent from the 3.
o Natural born Filipinos who have lost
COA CSC C
their Philippine Citizenship on account
of political or economic necessity,
including minor children

Minors who lost their Filipino citizenship by

derivative naturalization are not eligible for
repatriation under this law

Natural-born Filipinos who lost and

reacquired such lost Filipino Citizenship
Constitutional Law 1- Dean Hilario Morales
LEGISLATIVE DEPARTMENT
Principle of Co-Equality of the 2 Houses, Senate and
cogress is Equal. No such thing as upper house or
lower house.
Legislative Power – plenary power, to propose enact,
amend or repeal law is vested in congress.
Bill that CANNOTE BE ENACTED OF THE CONGRESS
No ex post facto laws
Irrepealable laws
Bill of the attainder
The power to enact laws, is not exclusive to congress
it has exception
SECTION 1. 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.
Initiative- people initiative
Referendum – laws will be made by congress but
have to approved by the people
Form of government – President
Limitation on the power of Cogress
Substantive – limitation on the content of law
Expost fact, bill of attainder, irrepealable
Procedural Requirement – limitation on the
manner of passing , one title one subject, three
separate readings.
Doctrine of Non- Delegation – The doctrine
cannot delegate its powers
Administrative Body -promulgate rule and
regulation
Ordinance power – power granted to local to
enact laws
2 years immediately preceding the day election, it
starts on the day of election
Start: Day of election
End: babalik sa previous years. 2 years back
25
NCRAE requirement
Party list and district has a same term
Bicameral,
Senate is a continuing body.
Yes, why? Iseserve niya hannggang next
congress. Conitnuing body.
When is senate considered not a conituning
body?
In the conduct of its day to day business
If the bill in the senate didn’t pass in the 19th
congress and only reached 2nd reading, is itio
possible to continue on the 20th senate?N
No, the senator have to file again the bill. Ths
senate is not a continuing body, it concducts its
business day to day.
Party list
Elected at large, political party with their
represenetative.
In partylist, certificate of intent to participat no t
certificate of candidacy
Reapportionment Power- power of the congress
to create new districts
80% 20%
RULE: Increase in districts also increase in
partylist
2% votes quaifuing votes, entitled to seat. First
round
2nd round according to rank,
3 seat limit maximum
Proportional Represenation
Congressman can invoke their immunity from suit
when congress is in section. Is congress is in
session ? then yes, immunity is valid
Constitutional Law 1- Dean Hilario Morales