CONSTITUTIONAL LAW 2 Atty. John Titus J.

Vistal, CPA, EnP

Lecture 01 Discussion Guide

A REVIEW OF THE BASIC PRINCIPLES AND CONCEPTS IN CONSTITUTIONAL LAW 1

(A Component of Political Law)

Political Law
 That branch of public law which deals with the organization and operations of the governmental
organs of the state and defines the relations of the state with the inhabitants of its territory. (People
v. Perfecto, 43 Phil. 887; Macariola v. Asuncion, 114 SCRA 77)
 Scope/Divisions of Political Law:
1. Constitutional Law. The study of the maintenance of the proper balance between authority
as represented by the three inherent powers of the State and liberty as guaranteed by the
Bill of Rights.
2. Administrative Law. That branch of public law which fixes the organization of government,
determines the competence of the administrative authorities who execute the law, and
indicates to the individual remedies for the violation of his rights.
3. Law on Municipal Corporations (Local Governments)
4. Law of Public Officers
5. Election Laws
6. Public International Law

Constitutional Law
 As understood in American and Philippine Jurisprudence, a term used to designate the law
embodied in the Constitution and the legal principles growing out of the interpretation and
application made by courts of the provisions of the Constitution in specific cases.
 A distinct branch of jurisprudence dealing with the legal principles affecting the nature, adoption,
amendment, and operation of the Constitution.

Constitution
 That body of rules and maxims in accordance with which the powers of sovereignty are habitually
exercised (Cooley)
 A written instrument organizing the government, distributing its powers and safeguarding the rights
of the People (Tañada and Fernando)
 A definition that applies to the Constitution of the Philippines: That written instrument enacted by
direct action of the people by which the fundamental powers of 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 (Malcolm and Laurel).

The 1987 Constitution (Basis of Aquino Government)

1. Proclamation No. 1, 25 February 1986.
 announced the Provisional Constitution
 seemed to suggest that it was a revolutionary government, since it announced that the "new
government was installed, through a direct exercise of the power of the Filipino people assisted
by units of the New Armed Forces," referring to the EDSA revolution.
2. Proclamation No. 3, March 25, 1986
 adopted the Provisional Constitution or Freedom Constitution
 abrogated the legislative provisions of the 1973 Constitution, modified the provisions regarding
the executive department, and totally reorganized the government.
 provided for the calling of a Constitutional Commission, composed of 30 to 50 members
appointed by the President within 60 days.
 Contents of Provisional Constitution:
o Art I – Adoption of certain provision of the 1973 Constitution as amended
o Art II – on the President, Vice President and Cabinet Government reorganization
promoting economy, efficiency and the eradication of graft and corruption

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 o Existing laws, treaties and contracts shall remain operative until amended, modified or
repealed
o Art V – Adoption of a new Constitution (Constitutional Commission)
o Art VI – Holding of Elections
o Art VII – Effective Date
3. Adoption and Effectivity
 Art. V., Provisional Constitution
o ADOPTION OF A NEW CONSTITUTION – Process:
 A Commission shall be appointed by the President to draft a new Constitution within
60 days from the date of this proclamation (Sec 1, Proclamation No. 3).
 New Constitution shall be presented by the Commission to the President (Sec 5,
Proclamation No. 3).
 The President shall fix the date for the holding of a plebiscite within 60 days following
its submission to the President (Sec 5, Proclamation No. 3).
 New Constitution shall become valid and effective upon ratification by a majority of
the votes cast in such plebiscite (Sec 5, Proclamation No. 3).
 Composition of Commission
 Number: 30-50 members
 Requirements (Sec 1, Proclamation No 3)
 Natural-born citizens
 Of recognized probity, known for their independence, nationalism and
patriotism
 Chosen by the President after consultation with various sectors
 1987 Constitution, Art. XVIII, Sec. 27
o EFFECTIVITY
 This Constitution shall take effect immediately upon its ratification by a majority
of the votes cast in a plebiscite held for the purpose and shall supersede all
previous Constitutions.
 Approved by the Constitutional Commission of 1986 on October 12, 1986
 Accordingly signed on October 15, 1986 at the Plenary Hall, National Government
Center, Quezon City, by the Commissioners
 Proclamation No. 58, February 11, 1987: Proclaimed the ratification of the 1987
Constitution

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago
2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
a. Terrestrial
b. Fluvial; and CODE: TFA
c. Aerial domains
5. Including its
a. Territorial sea
b. The seabed
c. The subsoil CODE: TSSIO
d. The insular shelves; and
e. The other submarine areas
6. The waters
a. Around
b. Between and
c. Connecting
d. The islands of the archipelago CODE: ABCI

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 Regardless of their breadth and dimensions
Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago
An archipelago is a body of water studded with islands. The Philippine archipelago is that body of
water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty
of Washington (1900) and the Treaty of Great Britain (1930).

Definition of “all other territories over which the Philippines has sovereignty or jurisdiction”
It includes any territory that presently belongs or might in the future belong to the Philippines through
any of the internationally accepted modes of acquiring territory.

Archipelagic principle
Two elements:
1. The definition of internal waters (as provided above);
2. The straight baseline method of delineating the territorial sea – consists of drawing straight
lines connecting appropriate points on the coast without departing to any appreciable extent
from the general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea - 12 nautical miles (n.m.)
2. Contiguous zone - 12 n.m. from the edge of the territorial sea
3. Exclusive economic zone - 200 n.m. from the baseline [includes (1) and (2)]

A. The Constitution

1. Definition, Nature and Concepts

The document which serves as the fundamental law of the state.1 That written instrument enacted
by 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.2

2. Parts

Constitution of Liberty The series of prescriptions 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.3

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.4

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.5

3. Amendments and Revisions

Amendment Isolated or piece-meal change only.6

1 V. Sinco, Philippine Political Law, 11th ed., p.68-70
2
Malcolm, Philippine Constitutional Law, p.6.
3 Art. III

4 Arts. VI, VII, VIII, IX

5 Art. XVII

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 4. Self-Executing and Non-Self-Executing Provisions

Self-executing provision One which is complete in itself and becomes operative without
the aid of supplementary or enabling legislation, or that which
supplies a sufficient rule by means of which the right it grants
may be enjoyed or protected.

Non-Self-Executing Provision One which lays down a general principle

5. General Provisions8

The flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated
and honored by the people and recognized by law.9

The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal,
which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law
shall take effect only upon its ratification by the people in a national referendum.10

The State may not be sued without its consent.11

6 Required Steps In The Amendatory Process

A. Proposal. It may come from:
1. Congress, by a vote of ¾ of all its members. The choice of method of method of proposal, i.e., whether made directly by
Congress or through a Constitutional Convention, is within the full discretion of the legislature. (Occena vs. COMELEC, 104
SCRA 1)
2.Constitutional Convention, which may be called into existence either by a 2/3 vote of all the members of Congress, or, if
such vote is not obtained, by a majority vote of all the members of Congress with the question of whether or not to call a
Convention to be resolved by the people in a plebiscite
3. People, through the power of initiative. Through the “initiative” phase, the people propose the amendments. There is a
valid proposal when a proposition has received the approval of at least 3% of the registered voters of each district and 12%
of the total number of registered voters nationwide. This is followed by the “referendum” phase where the people vote to
reject or ratify the proposal.
B. Ratification
Both amendment and revision signify change in the constitutional text. An amendment envisages of one or a few specific
and isolated provisions of the Constitution. Its guiding original intention is to improve specific parts or to add new provisions
or to suppress existing ones accordingly as addition or subtraction might be demanded by existing conditions.
7 In revision, the guiding intention and plan contemplate a re-examination of the entire document or an important cluster of

provisions in the document to determine how and to what extent it should be altered. The end product of a revision can be
an important structural change in the government or a change which affects several provisions of the Constitution.
A revision of the Constitution cannot be effected through initiative and referendum. The change authorized by Art. XVII,
Sec. 2 through initiative and referendum can only be amendment. The main reason is that formulation of provisions revising
the Constitution requires both cooperation and debate which can only be done through a collegial body.
8 Art. X, Art. XVI

9 Sec. 1

Revision
10 Sec. 2 A revamp or rewriting of the whole instrument.7
11 Sec. 3

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 The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo
military training and serve as may be provided by law. It shall keep a regular force necessary for the
security of the State.12

All members of the armed forces shall take an oath or affirmation to uphold and defend this
Constitution.

The State shall strengthen the patriotic spirit and nationalist consciousness of the military, and
respect for people's rights in the performance of their duty.

Professionalism in the armed forces and adequate remuneration and benefits of its members shall
be a prime concern of the State. The armed forces shall be insulated from partisan politics. No member of
the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

No member of the armed forces in the active service shall, at any time, be appointed or designated
in any capacity to a civilian position in the Government, including government-owned or controlled
corporations or any of their subsidiaries.

Laws on retirement of military officers shall not allow extension of their service.

The officers and men of the regular force of the armed forces shall be recruited proportionately
from all provinces and cities as far as practicable.

The tour of duty of the Chief of Staff of the armed forces shall not exceed three years. However, in
times of war or other national emergency declared by the Congress, the President may extend such tour of
duty.13

The State shall establish and maintain one police force, which shall be national in scope and civilian
in character, to be administered and controlled by a national police commission. The authority of local
executives over the police units in their jurisdiction shall be provided by law.14

The State shall provide immediate and adequate care, benefits, and other forms of assistance to
war veterans and veterans of military campaigns, their surviving spouses and orphans. Funds shall be
provided therefor and due consideration shall be given them in the disposition of agricultural lands of the
public domain and, in appropriate cases, in the utilization of natural resources.15

The State shall, from time to time, review to increase the pensions and other benefits due to
retirees of both the government and the private sectors.16

The State shall protect consumers from trade malpractices and from substandard or hazardous
products.17

The State shall provide the policy environment for the full development of Filipino capability and
the emergence of communication structures suitable to the needs and aspirations of the nation and the
balanced flow of information into, out of, and across the country, in accordance with a policy that respects
the freedom of speech and of the press.18

12 Sec. 4
13 Sec. 5
14 Sec. 6

15 Sec. 7

16 Sec. 8

17 Sec. 9

18 Sec. 10

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 The ownership and management of mass media shall be limited to citizens of the Philippines, or to
corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public
interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

The advertising industry is impressed with public interest, and shall be regulated by law for the
protection of consumers and the promotion of the general welfare.

Only Filipino citizens or corporations or associations at least seventy per centum of the capital of
which is owned by such citizens shall be allowed to engage in the advertising industry.

The participation of foreign investors in the governing body of entities in such industry shall be
limited to their proportionate share in the capital thereof, and all the executive and managing officers of
such entities must be citizens of the Philippines.19

The Congress may create a consultative body to advise the President on policies affecting
indigenous cultural communities, the majority of the members of which shall come from such
communities.20

B. General Considerations

1. National Territory21

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.”22

It emphasizes the unity of the land and waters by defining an archipelago as group of
islands surrounded by waters or a body of water studded with islands.

2. State Immunity23

The general rule is that a state may not be sued without its consent. While the doctrine appears
to prohibit only suits against the state without its consent, it is also applicable to complaints filed against
officials of the state for acts allegedly performed by them in the discharge of their duties. The rule is that if
the judgment against such officials will require the state itself to perform an affirmative act to satisfy the
same, such as the appropriation of the amount needed to pay the damages awarded against them, the suit
must be regarded as against the state itself, although it has not been formally impleaded.

19 Sec. 11
20 Sec. 12
21 Art. I

22 Art. I, Sec. 1, 2nd sentence

23 The doctrine is also available to foreign States insofar as they are sought to be sued in the courts of the local State. The

added basis in this case is the principle of the sovereign equality of States, under w/c one State cannot assert jurisdiction
over another in violation of the maxim par in parem non habet imperium. To do so would "unduly vex the peace of nations."
(Cruz.)
The consent to be sued, in order to be effective, must come from the State, acting through a duly enacted statute. Waiver
of state immunity can only be made by an act of legislative body.

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 It is a different matter where the public official is made to account in his capacity as such for acts
contrary to law and injurious to the rights of plaintiff. Inasmuch as the State authorizes only legal acts by
its officers, unauthorized acts of govt. officials or officers are not acts of the State, and an action against the
officials or officers by one whose rights have been invaded or violated by such acts, for the protection of his
rights, is not a suit against the State within the rule of immunity of the State from suit. The doctrine of state
immunity cannot be used as an instrument for perpetrating an injustice.

The cloak of immunity is removed from the moment the public official is sued in his individual
capacity such as where he acts without authority or in excess of the powers vested in him. A public official
may be liable in his personal capacity for whatever damage he may have caused by his act done with malice
and in bad faith, or beyond the scope of his authority or jurisdiction. In this case, the officers are liable for
damages.