Definitions and Doctrines in Political Law
in the Executive and Legislative Departments.
POLITICAL LAW
It is that branch of Public Law which deals with the
organization and operations of the governmental
organs of the state and defines its relations with the
inhabitants of its territory. (People v. Perfecto GR
L18463 October 4, 1922)
POLITICAL LAW IS A PUBLIC LAW
Hence, it is abrogated (abolished) by the change of
sovereignty UNLESS it is expressly redeemed or
subsequently reenacted. People v. Perfecto 43 Phil.
887
It is a general principle of the public law that on
acquisition of territory the previous political relations of
the ceded region are totally abrogated. "Political" is
here used to denominate the laws regulating the
relations sustained by the inhabitants to the sovereign.
xxx Every nation acquiring territory, by treaty or
otherwise, must hold it subject to the Constitution and
laws of its own government, and not according to those
of the government ceding it. Macariola v. Asuncion 114
SCRA 77
Upon the transfer of sovereignty from Spain to the US
and later to RP, the provisions of the Code of
Commerce must be deemed to have been abrogated
because where there is a change of sovereignty, the
political laws of the former sovereign, whether
compatible or not with those of the new sovereign, are
automatically abrogated, UNLESS they are expressly
re-enacted by affirmative act of the new sovereign.
MUNICIPAL LAW
That which pertains solely to the citizens and
inhabitants of a State. Deals with the CONDUCT or
STATUS of Individuals, Corporations, and other
“PRIVATE” entities within a particular State.
JUSTICIABLE QUESTION
Implies a given right, legally demandable and
enforceable, an act or omission violative of such right,
and a remedy granted and sanctioned by law for said
breach of right. (Casibang vs. Aquino, 92 SCRA 642)
POLITICAL QUESTION DOCTRINE
A ‘political question’ is one the resolution of which has
been vested by the Constitution exclusively in either
the people, in the exercise of their sovereign capacity,
or in which full discretionary authority has been
delegated to a co-equal branch of the Government.
Thus, while courts can determine questions of legality
with respect to governmental action, they cannot
review government policy and the wisdom thereof, for
these questions have been vested by the Constitution
CONSTITUTION
The Constitution is the basic and paramount law to
which all other laws must conform and to which all
persons, including the highest officials, must defer.
Three (3) parts of a written Constitution
1. Constitution of Sovereignty (Article XVII –
Amendments and Revisions)
2. Constitution of Liberty (Article III – Bill of Rights)
3. Constitution of Government (Article VI, VII, VIII, IX)
It should be interpreted:
1. Verba Legis – ordinary meaning of the words used
2. Ratio legis et anima – intent of the framers
3. Ut magis valeat quam pereat – as a whole
(Francisco vs HR GR160261 11.10.03)
THE 1987 PHILIPPINE CONSTITUTION
It is classified as written, enacted and rigid.
Effectivity - The ConCom completed their task on 12
October 1986 and presented the draft constitution to
President Aquino on October 15, 1986. After a period
of nationwide information campaign, a plebiscite for its
ratification was held on FEBRUARY 2, 1987. More
than three-fourths of all votes cast, 76.37% (or
17,059,495 voters) favored ratification as against
22.65% (or 5,058,714 voters) who voted against
ratification. On February 11, 1987, the new constitution
was proclaimed ratified and took effect. De Leon v.
Esguerra - The 1987 Constitution was ratified in a
plebiscite on February 2, 1987. By that date, therefore,
the Provisional Constitution must be deemed to have
been superseded.
POLITICAL QUESTION of Constitutionality: In Re:
Puno June 29, 1992 - It was through the February
1986 revolution, a relatively peaceful one, and more
popularly known as the “people power revolution” that
the Filipino people tore themselves away from an
existing regime. This revolution also saw the
unprecedented rise to power of the Aquino
government. It has been said that “the locus of positive
law-making power lies with the people of the state” and
from there is derived “the right of the people to abolish,
to reform and to alter any existing form of government
without regard to the existing constitution.”
JUSTICIABLE QUESTION on EDSA I vs. EDSA II:
Estrada v. Arroyo GR 146738 - The Court also
distinguished between EDSA People Power I and
EDSA People Power II. EDSA I involves the exercise
of the people power of revolution which overthrew the
whole government. EDSA II is an exercise of people
power of freedom of speech and freedom of assembly
to petition the government for redress of grievances
which only affected the office of the President. EDSA I
is extra constitutional and the legitimacy of the new
government that resulted from it cannot be the subject
of judicial review, but EDSA II is intra constitutional and
the resignation of the sitting President that it caused
and the succession of the Vice President as President
are subject to judicial review. EDSA I presented
political question; EDSA II involves legal questions.
PEOPLE POWER IS RECOGNIZED IN THE
CONSTITUTION
1. Article III Section 4 – guarantees the right of the
people to peaceably to assemble and petition the
government for redress of grievances;
2. Article VI Section 32 – requires congress to pass a
law allowing the people to directly propose of reject any
act or law or part of it passed by congress of a local
legislative body
3. Article XIII Section 16 – provides that the right of the
people and their organizations to participate in all
levels of social, political, and economic decisions
making shall not be abridged and that the Senate shall,
by law, facilitate the establishment of adequate
consultation mechanisms;
4. Article XVII, Section 2 – provides that subject to the
enactment of an implementing law, the people my
directly propose amendments to the Constitution
through initiative.
CONSTITUTIONAL SUPREMACY DOCTRINE
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
effect. Thus, 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 v. GSIS GR 122156 02.03.97)
LEX POSTERIOR DEROGATE PRIORI
In states where the constitution is the highest law of the
land, both statutes and treaties may be invalidated if
they are in conflict with the constitution. (Secretary of
Justice vs. Lantion, G.R. No. 139465, January 18,
2000)
THE 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.
Origin – or authorship is the Will of the “Sovereign
Filipino People”
Scope and Purpose – To build a just and human
society and to 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. (Bernas)
TERRITORY
Is a fixed portion of the surface of the Earth inhabited
by the people of the State. As an element of the state,
it is an area over which a state has Effective Control.
The PHILIPPINE TERRITORY
The Philippine Archipelago consists of Terrestrial
domain, Fluvial domain, Aerial domain (Sovereignty
over airspace extends only until where outer space
begins. 50-100 miles from earth) including its Territorial
Sea, Seabed, Subsoil, Insular Shelves, other
Submarine areas All other territories over which the
Philippines has sovereignty or jurisdiction.
ARCHIPELAGIC DOCTRINE
The waters, around between and connecting different
islands of the Archipelago, regardless of their breadth
or dimensions, form part of the internal waters of the
Philippines. (Article I 2nd Sentence.) Integration of a
group of islands to the sea and their oneness so that
together they can constitute one unit, one country, and
one state. An imaginary single baseline is drawn
around the islands by joining appropriate points of the
outermost islands of the archipelago with straight lines
and all islands and waters enclosed within the baseline
form part of the territory. Purpose: [1] Territorial
Integrity, [2] National Security, [3] Economic Reasons.
DOCTRINE OF EFFECTIVE OCCUPATION
Discovery alone is not enough. Mere discovery gives
only an inchoate right to the discoverer. For title to
finally vest, discovery must be followed by effective
occupation in a reasonable time and attestation of the
same.
GROTIUS DOCTRINE OF IMMEMORIAL
PRESCRIPTION
Speaks of uninterrupted possession going beyond
memory.
THALWEG DOCTRINE
For boundary rivers, in the absence of an agreement
between the riparian states, the boundary line is laid on
the middle of the main navigable channel.
MIDDLE OF THE BRIDGE DOCTRINE
Where there is a bridge over a boundary river, the
boundary line is the middle or center of the bridge.
DECLARATION OF PRINCIPLES AND STATE
POLICIES
Function:
It is a statement of the basic ideological principles and
policies that underlie the Constitution. As such, the
provisions shed light on the meaning of the provisions
of the Constitution and they are the guide for all
departments of the government in the implementation
of the Constitution. (Bernas Comprehensive Reviewer
2011)
Note: As a general rule, these provisions are non-self-
executing. But a provision that is complete in itself, and
provides sufficient rules for the exercise of rights is
self-executing.
STATE
It is a community of persons more or less numerous
(PEOPLE), permanently occupying a definite portion of
TERRITORY, independent of external control
(SOVEREIGNTY), and possessing an organized
GOVERNMENT to which the great body of inhabitants
render habitual obedience.
State v. Nation : State – is a legal concept ; Nation – is
a ethnic concept.
PEOPLE
as an element of a state, simply means a community of
persons sufficient in number and capable of
maintaining the continued existence of the community
and held together by a common bond of law. It is of no
legal consequence if they possess diverse racial,
cultural, or economic interest. (Bernas Comprehensive
Reviewer 2011). People as used in the Constitution: [1]
as Inhabitants - Article II, Section 15, 16; Article III,
Section 2; Article XIII, Section 1; [2] as Electors -
Article VII, Section 4; Article XVI, Section 2; Article
XVIII, Section 25); [3] as Citizens - Article II, Section 4;
Article III, Section 7.
SOVEREIGNTY – supreme and uncontrollable power
inherent in a Sate by which the state is governed.
Legal – is the supreme power to affect legal interests
either by legislative, executive or judicial action.
Lodged in the people but normally exercised by state
agencies.
Political – is the sum total of all the influences in a
state, legal and non-legal, which determine the course
of law.
Internal Sovereignty – refers to the power of the State
to control its domestic affairs. It is the supreme power
over everything within its territory.
External Sovereignty – Also known as
INDEPENDENCE, which is freedom from external
control. It is the power of the State to direct its relations
with other States.
Characteristics – It is permanent, exclusive,
comprehensive, absolute, indivisible, inalienable, and
imprescriptible. BUT, in the case of Tanada v. Angara,
it was held that sovereignty of a state cannot be
absolute. It is subject to limitations imposed by
membership in the family of nations and limitations
imposed by treaties. The Constitution did not envision
a hermit-type isolation of the country from the rest of
the world. (2000 Bar Question)
GOVERNMENT – is that institution or aggregate of
institutions by which an independent society makes
and carries out those rules of action which are
necessary to enable men to live in a social state or
which are imposed upon the people forming that
society by those who possess the power or authority of
prescribing them. (US v. Dorr 2 Phil 332)
Functions: [1] Constituent – compulsory because it
constitute the very bonds of society. [2] Ministrant –
undertaken to advance general interest of society
Classification: de jure – has rightful title but no power
or control, either: a] because same has been
withdrawn from it; OR b] because same has not yet
actually entered into the exercise thereof. de facto –
actually exercises power or control but without legal
title.
It was held in Lawyers League for a Better Philippines
v. Corazon Aquino that “the people have made the
judgment; they have accepted the government of
President Corazon Aquino which is in effective control
of the entire country so that it is not merely a de facto
government but in fact and law a de jure government.
Moreover, the community of nations has recognized
the legitimacy of the present government.
PARENS PATRIAE DOCTRINE
the government as guardian of the rights of the people
may initiate legal actions for and in behalf of particular
individual. (Government of the Philippine Islands vs.
Monte de Piedad, 35 SCRA 738)
DEMOCRATIC and REPUBLICAN STATE
Republican State is wherein all government authority
emanates from the people and is exercised by
representatives chosen by the people. (Bernas
Comprehensive Reviewer 2011). Democratic State - In
view of the new Constitution the Philippines is not only
a representative or republican state but also shares
some aspect of direct democracy such as “INITIATIVE
and REFERENDUM” in Article VI Section 32 and
Article XVIII Section 2. (Bernas Comprehensive
Reviewer 2011)
DOCTRINE OF INCORPORATION
The rules of international law form part of the law of the
land and no legislative action is required to make them
applicable to a country. The Philippines follows this
doctrine, because Section 2. Article II of the
constitution states that the Philippines adopts the
generally accepted principles of international law as
part of the law of the land. However, the doctrine
dictates that rules of international law are given equal
standing with, and are not superior to, national
legislative enactments.
DOCTRINE OF AUTOLIMITATION
The doctrine where the Philippines adheres to
principles of international law as a limitation to the
exercise of its sovereignty.
DOCTRINE OF SUABILITY / STATE IMMUNITY
The State may not be sued without its consent. (Sec 3,
Art XVI) There can be no legal right as against the
authority that makes the laws on which the right
depends. [Kawananakoa v. Polyblank 205 US 349]
also called the doctrine of Royal Prerogative of
Dishonesty. If the State is amenable to suits, all its time
would be spent defending itself from suits and this
would prevent it from performing it other functions.
[Republic v. Villasor]
JUDICIAL POWER
Judicial power is the authority to settle justiciable
controversies or disputes involving rights that are
enforceable and demandable before the courts of
justice or the redress of wrongs for violations of such
rights. Vested in the Supreme Court and such lower
courts as may be established by law. Since the courts
are given ‘judicial power’ and nothing more, courts may
neither attempt to assume or be compelled to perform
non-judicial functions. They may not be charged with
administrative functions except when reasonably
incidental to the fulfillment of their duties.
JUDICIAL REVIEW
The power of the SC to declare a law, treaty,
ordinance and other governmental act
unconstitutional.
Requisites: [1] Actual Case or Controversy; [2] Proper
Party (Locus Standi); [3] Earliest Opportunity; [4]
Necessity of deciding constitutional questions
DOCTRINE OF PURPOSEFUL HESITATION
This is about the Symbolic function of the court. It
means that the court would not decide on matters
which are considered political questions. This focus on
the necessity of resolving Judicial Review.
Furthermore, in questions of constitutionality, Supreme
Court will not rule right away because the Supreme
Court assumes that the Law passed the two
departments already, thus, it went through process of
determining its constitutionality
INTER-GENERATIONAL RESPONSIBILITY
DOCTRINE
The Supreme Court in granting the petition ruled that
the children had the legal standing to file the case
based on the concept of “intergenerational
responsibility”. Their right to a healthy environment
carried with it an obligation to preserve that
environment for the succeeding generations. In this,
the Court recognized legal standing to sue on behalf of
future generations. Also, the Court said, the law on
non-impairment of contracts must give way to the
exercise of the police power of the state in the interest
of public welfare.
NON-IMPAIRMENT OF CONTRACTS Clause
When does a law impair the obligation of contracts:
1) If it changes the terms and conditions of a legal
contract either as to the time or mode of performance
2) If it imposes new conditions or dispenses with those
expressed
3) If it authorizes for its satisfaction something different
from that provided in its terms.
A mere change in PROCEDURAL REMEDIES which
does not change the substance of the contract, and
which still leaves an efficacious remedy for
enforcement does NOT impair the obligation of
contracts.
A valid exercise of police power is superior to
obligation of contracts.
SEPARATION OF POWERS DOCTRINE
This principle operated as an implicit limitation on
legislative powers as on the two other powers. In
essence, separation of powers means the legislation
belongs to Congress, execution to the executive,
settlement of legal controversies to the judiciary. Each
is prevented from invading the domain of the others.
But the separation is not total. The system allows for
“checks and balances” the net effect of which being
that, in general, no one department is able to act
without the cooperation of at least one of the other
departments.
Purpose: To prevent concentration of powers in one
department and thereby to avoid tyranny. The purpose
was not to avoid friction, but by means of the inevitable
friction incident to the distribution of governmental
powers among the three departments, to save the
people from autocracy. [1] To secure action; [2] To
forestall overaction; [3] To prevent despotism; and [4]
To obtain efficiency
PRINCIPLE OF BLENDING OF POWERS
Instances when powers are not confined exclusively
within one department but are assigned to or shared by
several departments.
CHECKS AND BALANCES PRINCIPLE
This allows one department to resist encroachments
upon its prerogative or to rectify mistakes or excesses
committed by the other departments. The first and
safest criterion to determine whether a given power
has been validly exercised by a particular department
is whether or not the power has been constitutionally
conferred upon the department claiming its exercise—
since the conferment is usually done expressly.
However, even in the absence of express conferment,
the exercise of the power may be justified under the
doctrine of necessary implication. The grant of express
power carried with it all other powers that may be
reasonably inferred from it.
ORIGIN OF THE REVENUE BILL
ART. VI Section 24. All appropriation, revenue or tariff
bills, bills authorizing increase of public debt, bills of
local application, and private bills shall originate
EXCLUSIVELY in the the HOR, but the Senate may
propose or concur with amendments.
EXECUTIVE PRIVILEGE
It is the power of the President to withhold certain
types of information from the public, the courts, and
the Congress.
ART. VI Section 22. The heads of departments may,
upon their own initiative, with the consent of the
President, or upon the request of either House, as the
rules of each House shall provide, appear before and
be heard by such House on any matter pertaining to
their departments. Written questions shall be submitted
to the President of the Senate or the Speaker of the
House of Representatives at least three days before
their scheduled appearance. Interpellations shall not be
limited to written questions, but may cover
matters related thereto. When the security of the State
or the public interest so requires
and the President so states in writing, the appearance
shall be conducted in executive
session.
DOCTRINE IN MARBURY V. MADISON
The case of Marbury v. Madison established the
doctrine of judicial review as a core legal principle in
American constitutional system: “So if a law be in
opposition to the constitution; of both the law and the
constitution apply to a particular case, so that the court
must either decide that case conformably to the law,
disregarding the constitution; or conformably to the
constitution, disregarding the law; the court must
determine which of these conflicting rules governs the
case. This is the very essence of judicial duty.”
MONSANTO DOCTRINE
One who is given pardon has no demandable right to
reinstatement. He may however be reappointed.
DOCTRINE OF OPERATIVE FACT
In Yap v. Thenamaris Ship’s Management, the
Operative Fact Doctrine was discussed in that:
As a general rule, an unconstitutional act is not a law; it
confers no rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative as if it
has not been passed at all. The general rule is
supported by Article 7 of the Civil Code, which
provides:
Art. 7. Laws are repealed only by subsequent ones,
and their violation or non-observance shall not be
excused by disuse or custom or practice to the
contrary.
The doctrine of operative fact serves as an exception
to the aforementioned general rule. In Planters
Products, Inc. v. Fertiphil Corporation, we held:
The doctrine of operative fact, as an exception to the
general rule, only applies as a matter of equity and fair
play. It nullifies the effects of an unconstitutional law by
recognizing that the existence of a statute prior to a
determination of unconstitutionality is an operative fact
and may have consequences which cannot always be
ignored. The past cannot always be erased by a new
judicial declaration.
The doctrine is applicable when a declaration of
unconstitutionality will impose an undue burden on
those who have relied on the invalid law. Thus, it was
applied to a criminal case when a declaration of
unconstitutionality would put the accused in double
jeopardy or would put in limbo the acts done by a
municipality in reliance upon a law creating it.
In that case, this Court further held that the Operative
Fact Doctrine will not be applied as an exception when
to rule otherwise would be iniquitous and would send a
wrong signal that an act may be justified when based
on an unconstitutional provision of law.

DOCTRINE OF QUALIFIED POLITICAL AGENCY /
ALTER EGO DOCTRINE
Acts of the Secretaries of Executive departments when
performed and promulgated in the regular course of
business or unless disapproved or presumptively the
acts of the Chief Executive (Villena v. Secretary of the
Interior). The President can assume a Cabinet post,
(because the departments are mere extensions of his
personality, according to the Doctrine of Qualified
Political Agency, so no objection can be validly raised
based on Sec. 13, Art VII.)
QUALIFIED POLITICAL AGENCY DOCTRINE (ALSO
ALTER EGO PRINCIPLE)
“all the different executive and administrative
organizations are mere adjuncts of the Executive
Department, the heads of the various executive
departments are assistants and agents of the Chief
Executive, and, except in cases wherein the Chief
Executive is required by the Constitution or by the law
to act in person or the exigencies of the situation
demand that he act personally, the multifarious
executive and administrative functions of the Chief
Executive are performed by and through the executive
departments., performed and promulgated in the
regular course of business, are, unless disapproved or
reprobated by the Chief Executive, presumptively acts
of the Chief Executive.” (Free Telephone Workers
Union vs. Minister of Labor and Employment)
EXHAUSTION OF ADMINISTRATIVE REMEDIES
Whenever there is an available administrative remedy
provided by law, no judicial recourse can be made until
all such remedies have been availed of and exhausted.
The doctrine of exhaustion of administrative remedies
applies where a claim is cognizable in the first instance
by an administrative agency alone. Judicial
interference is withheld until the administrative process
has been completed. As stated in Industrial
Enterprises, Inc. vs. Court of Appeals, 184 SCRA 426.
PRIMARY ADMINISTRATIVE DOCTRINE /
DOCTRINE OF PRIOR RESORT
Where there is competence or jurisdiction vested upon
administrative body to act upon a matter, no resort to
courts may be made before such administrative body
shall have acted upon the matter
DOCTRINE OF FINALITY OF ADMINISTRATIVE
ACTION
No resort to courts will be allowed unless
administrative action has been completed and there is
nothing left to be done in the administrative structure.
BRANDEIS DOCTRINE OF ASSIMILATION OF
FACTS
Where what purports to be a finding upon a question of
fact is so involved with and dependent upon a question
of law as to be in substance and effect a decision on
the latter, the court will, in order to decide the legal
question, examine the entire record including the
evidence if necessary.
DOCTRINE OF PRIMARY JURISDICTION
The doctrine of primary jurisdiction applies where a
case is within the concurrent jurisdiction of the court
and an administrative agency but the determination of
the case requires the technical expertise of the
administrative agency. In such a case, although the
matter is within the jurisdiction of the court, it must yield
to the jurisdiction of the administrative case.
DOCTRINE OF NON-INTERFERENCE
Regarded as an elementary principle of higher
importance in the administration of justice that the
judgment of a court of competent jurisdiction may not
be opened, modified, or vacated by any court of
concurrent jurisdiction (30-A Am Jur 605).
DOCTRINE OF IMPLIED MUNICIPAL LIABILITY
A municipality may become obligated upon an implied
contract to pay
the reasonable value of the benefits accepted or
appropriated by it as to which it has the general power
to contract (Province of Cebu vs. IAC, 147 SCRA 447).
The doctrine applies to all cases where money or
property of a party is received under such
circumstances that the general law, independent of an
express contract, implies an obligation to do justice
with respect to the same.
Thus, in this case, the Province of Cebu cannot set up
the plea that the contract was ultra vires and still retain
benefits thereunder. Having regarded the contract as
valid for purposes of reaping benefits, the Province of
Cebu is estopped to question its validity for the
purpose of denying answerability.
DOCTRINE OF RATIFICATION
Although the act of a public officer may not be binding
on the State because he has exercised his powers
defectively, his acts may be ratified.
Exceptions:
[1] Where there is a want of power in the public officer
to perform the original act
[2] The act was absolutely void at the time. However, if
the act is merely voidable, it can be rendered valid
[3] If the principal himself could not lawfully have done
the act, or if it could not have been lawfully done by
anyone.

DOCTRINE OF OFFICIAL IMMUNITY FROM
LIABILITIES
In re: Gonzales – A public officer who under the
Constitution is required to be a member of the
Philippine Bar as a qualification for the office held by
him cannot be charged with disbarment during his
incumbency. He cannot be charged criminally before
the Sandiganbayan, or are other court, with any
offense which carries with it the penalty of removal
from office. Members of the Supreme Court are
removed only by impeachment. They are not entitled to
immunity from liability. They must first be removed, via
the constitutional route of impeachment, and then only
may he be held liable either criminally or
administratively (including disbarment), for any wrong.
DOCTRINE OF REJECTION OF 2ND PLACER
Geronimo v Ramos – Sound policy dictates that public
elective offices are filled by those who have received
the highest number of votes cast in the election for that
office, and it is a fundamental idea in all republican
forms of government that no one can be declared
elected and no measure can be declared carried
unless he or it receives a majority or plurality of the
legal votes cast in the election. COMELEC cannot
name the 2nd placer as the winner. Follow the
hierarchy of positions instead.
DOCTRINE OF PROPER SUBMISSION
Plebiscite may be held on the same day as regular
election (Gonzales v. COMELEC GR L28196 Nov.
1967), provided the people are sufficiently informed of
the amendments to be voted upon, to conscientiously
deliberate thereon, to express their will in a genuine
manner. Submission of piece-meal amendments is
unconstitutional. All the amendments must be
submitted for ratification at one plebiscite only. The
people have to be given a proper frame of reference in
arriving at their decision. They have no idea yet of what
the rest of the amended constitution would be.
(Tolentino v. Comelec GR L34150 Oct. 16 1971)
DOCTRINE OF NECESSARY IMPLICATION
Grant of an express power carries with it all other
powers that may be reasonably inferred from it.
DOCTRINE OF SHIFTING MAJORITY
For each House of Congress to pass a bill, only the
votes of the majority of those present in the session,
there being a quorum, is required.
DOCTRINE OF INAPPRORIATE PROVISION
A provision that is constitutionally inappropriate for an
appropriation bill may be singled out for veto even if it
is not an appropriation or revenue “item”. (Gonzales v.
Macaraig)
Reason for the Doctrine: The intent behind the doctrine
is to prevent the legislature from forcing the
government to veto an entire appropriation law thereby
paralyzing government.
Inappropriate Provisions
- Repeal of laws. Repeal of laws should not be done in
appropriation act but in a separate law (PHILCONSA v.
Enriquez) (use this doctrine carefully)
DOCTRINE OF AUGMENTATION
Prohibition against transfer of appropriations, however
the following may, by law, be authorized to augment
any item in the general appropriations law for their
respective offices from savings in other items of their
respective appropriations:
1. President
2. Senate President
3. Speaker of the HoR
4. Chief Justice
5. Heads of Constitutional Commissions.
THEORY OF RELATIVE CONSTITUTIONALITY
The constitutionality of a statute cannot, in every
instance, be determined by a mere comparison of its
provisions with applicable provisions of the
Constitution, since the statute may be constitutionally
valid as applied to one set of facts and invalid in its
application to another. A statute valid at one time may
become void at another time because of altered
circumstances. Thus, if a statute in its practical
operation becomes arbitrary or confiscatory, its validity,
even though affirmed by a former adjudication, is open
to inquiry and investigation in the light of changed
conditions (Central Bank Employee Assn, Inc. vs. BSP,
GR 148208, Dec. 15, 2004).
OVER-BREADTH DOCTRINE
Decrees that a governmental purpose may not be
achieved by means which sweep unnecessarily
broadly and thereby invade the area of protected
freedoms.
VOID FOR VAGUENESS RULE
A criminal statute that fails to give a person of ordinary
intelligence fair notice that his contemplated conduct is
forbidden by the statute, or is so indefinite that it
encourages arbitrary and erratic arrests and
convictions is void for vagueness. The constitutional
vice in a vague or indefinite statute is the injustice to
the accused in placing him on trial for an offense, the
nature of which he is given no fair warning.
A law is “vague” as not to satisfy the due process need
for notice when it lacks comprehensible standards that
“men of common intelligence must necessarily guess
as to its meaning and differ as to its application” or is
so indefinite that “it encourages arbitrary and erratic
arrests and convictions.”
It is injustice to the accused in placing him on trial for
an offense, the nature of which he is given no fair
warning.
PLAIN VIEW DOCTRINE
The objects within the sight of an officer who has a
right to be in a position to have that view are subject to
seizure and may be presented as evidence (open to
the eye and hand). Finds application only when the
incriminating nature of the object is in the “plain view”
of the police officer.
~ It is clear that an object is in plain view if the object
itself is plainly exposed to sight. The difficulty arises
when the object is inside a closed container. Where the
object seized was inside a closed package, the object
itself is not in plain view and therefore cannot be seized
without a warrant. However, if the package proclaims
its contents, whether by its distinctive configuration, its
transparency, or if its contents are obvious to an
observer, then the contents are in plain view and may
be seized. In other words, if the package is such that
an experienced observer could infer from its
appearance that it contains the prohibited article, then
the article is deemed in plain view. It must be
immediately apparent to the police that the items that
they observe may be evidence of a crime, contraband
or otherwise subject to seizure. (People vs. Doria, 301
SCRA 668)
Requisites:
1. Valid intrusion based on a valid warrantless arrest in
which the police are legally present in the pursuit of
their official duties;
2. The evidence was inadvertently discovered by the
police who have the right to be where they are;
3. The evidence must be immediately apparent; and
4. Plain view justified mere seizure of evidence without
further search.
DOCTRINE OF FAIR COMMENT / BORJAL
DOCTRINE
Fair commentaries on matters of public interest are
privileged and constitute a valid defense in an action
for libel or slander. It means that while in general every
discreditable imputation publicly made is deemed false,
because every man is presumed innocent until his guilt
is judicially proved, and every false imputation is
deemed malicious, nevertheless, when the
discreditable imputation is directed against a public
person in his public capacity, it is not necessarily
actionable. In order that such discreditable imputation
to a public official may be actionable, it must either be
a false allegation of fact or a comment based on a false
supposition. If the comment is an expression of
opinion, based on established facts, it is immaterial that
the opinion happens to be mistaken, as long as it might
reasonably inferred from the facts. (Borjal vs. CA, 301
SCRA 1)
BALANCING OF INTEREST DOCTRINE
Privilege Not Absolute
: Claim of executive privilege is subject to balancing
against other interest. In other words, confidentiality in
executive privilege is not absolutely protected by the
Constitution. Neither the doctrine of separation of
powers, nor the need for confidentiality of high-level
communications, without more, can sustain an
absolute, unqualified Presidential privilege of immunity
from judicial process under all circumstances.
A claim of executive privilege does not guard against a
possible disclosure of a crime or wrongdoing (Neri v.
Senate).
MIRANDA DOCTRINE
The Miranda Doctrine or the Miranda Warning provides
that:
1. A person in custody must be informed at the outset
in clear and unequivocal terms that he has the right to
remain silent and that anything he says can and will be
used against him in a court of law;
2. He or she has the right to consult with a lawyer and
to have a lawyer with him during the interrogation;
3. If he cannot afford a lawyer, like if he is an indigent,
a lawyer shall be appointed by the State to represent
him;
4. His right to counsel is available at any stage of the
interrogation, hence, even if he consents to answer
questions without the assistance of counsel, the
moment he asks for a lawyer at any point of the
investigation, the interrogation must cease until an
attorney is present. If the above are not observed, the
evidence obtained therefrom shall not be admissible in
court.
EXIGENT CIRCUMSTANCES DOCTRINE
[This doctrine though is commonly used in warrantless
arrest and warrantless search and seizure cases]
The ECD basically provides that the normal procedures
and rules of court in the admissibility of evidence may
be disregarded in exigent circumstances like when
there is a coup d’état. The rationale is the same as with
PSC, that is to protect public safety or national security.
This doctrine was used in the 1994 case of People vs
Rolando De Gracia (GR Nos. 102009-10). The
accused therein was subjected to a warrantless search
and seizure sometime in 1989 during the height of the
coup attempts against then President Cory Aquino.
Confiscated from him were various explosives and
ammunition. De Gracia contested the warrantless
search and seizure but the Supreme Court ruled that
the search warrant can be dispensed with due to the
exigent circumstances attendant to the case.
POISONOUS TREE DOCTRINE
Exclusionary Rule
- Any confession or admission obtained in violation of
this section shall be inadmissible in evidence against
him (the accused). Therefore, any evidence obtained
by virtue of an illegally obtained confession is also
inadmissible, being the fruit of a poisonous tree.
DOCTRINE OF SUPEREVENING EVENT
Prosecution for another offense if subsequent
development changes the character of the first
indictment under which he may have already been
charged or convicted. Conviction of accused shall not
bar another prosecution for an offense which
necessarily includes the offense originally charged
when:
1. Graver offense developed due to supervening facts
arising from the same act or omission;
2. Facts constituting graver offense arose or
discovered only after filing of former complaint or
information; and
3. Plea of guilty to lesser offense was made without the
consent of prosecutor or offended party.
Cabo vs. Sandiganbayan, G.R. No. 169509, June 16,
2006, for double jeopardy to attach, the case against
the accused must have been dismissed or otherwise
terminated without his express consent by a court of
competent jurisdiction, upon a valid information
sufficient in form and substance and the accused
pleaded to the said charge.
MELO DOCTRINE
The rule of identity does not apply when the second
offense was not in existence at the time of the first
prosecution, for the simple reason that in such case,
there is no possibility for the accused, during the first
prosecution, to be convicted for an offense that was
then inexistent. Thus, where the accused was charged
with physical injuries and after conviction, the injured
person dies, the charged for homicide against the
same accused does not put him twice in jeopardy.
DOCTRINE OF COMMAND RESPONSIBILITY
Superior officer is liable for acts of subordinate when:
1. he negligently or willfully employs or retains unfit or
incompetent subordinates
2. he negligently or willfully fails to require subordinate
to conform to prescribed regulations
3. he negligently or carelessly oversees business of
office as to furnish subordinate an opportunity for
default
4. he directed or authorized or cooperated in the wrong
5. law makes himself expressly liable
SUBORDINATE LEGISLATION DOCTRINE
Power of administrative agency to promulgate rules
and regulations on matters of their own specialization.
DOCTRINE OF RES JUDICATA
The doctrine of res judicata applies only to judicial or
quasi-judicial proceedings and not to the exercise of
purely administrative functions. Administrative
proceedings are non-litigious and summary in nature;
hence, res judicata does not apply. [Nasipit Lumber
Co. v NLRC (1989)]. The essential requisites of res
judicata are:
1. The former judgment must be final;
2. It must have been rendered by a court having
jurisdiction over the subject matter and the parties;
3. It must be a judgment on the merits; and
4. There must be identity of parties, subject matter and
cause of action. [Ipekdijan Merchandising v CTA
(1963)]
VARIANCE DOCTRINE
A crime charged includes crime proved, convict of
crime proved. Also applies when crime proved includes
crime charged, convict of crime charged.
RIPENESS FOR REVIEW DOCTRINE
1. This determines the point at which courts may
review administrative action.
2. Application:
[a] when the interest of the plaintiff is subjected to or
imminently threatened with substantial injury
[b] if the statute is self-executory
[c] when a party is immediately confronted with the
problem of complying or violating a statute and there is
a risk of criminal penalties
[d] when plaintiff is harmed by the vagueness of the
statute.
REGALIAN DOCTRINE
All lands of the public domain, waters, minerals, coal,
petroleum and other minerals oils, all forces of potential
energy, fisheries, forests, or timber, wildlife, flora, and
fauna and natural resources belong to the State. With
the exception of agricultural lands, all other natural
resources shall not be alienated. (Sec. 2 Art XII)
STEWARDSHIP DOCTRINE
Private property is supposed to be held by the
individual only as a trustee for the people in general,
who are its real owners.
DOCTRINE OF TRANSFORMATION
The generally accepted rules of international law are
not per se binding upon the State but must first be
embodied in legislation enacted by the lawmaking body
and so transformed into municipal law. Only when so
transformed will they become binding upon the State
as part of its municipal law.
PACTA SUNT SERVANDA
Treaties must be observed in good faith. If necessary,
the State concerned must even modify its national
legislation and constitution to make them conform to
the treaty to avoid international embarrassment.
REBUS SIC STANTIBUS
A contracting state’s obligations under a treaty
terminates when a vital or fundamental change or
circumstance occurs, thus allowing a state to
unilaterally withdraw from a treaty, because of the
disappearance of the foundation upon which it rests
WILSON DOCTRINE
recognition shall not be extended to any government
established by revolution or internal violence until the
freely elected representatives of the people have
organized a constitutional government.
ESTRADA DOCTRINE
the Mexican government declared that it would, as it
saw fit, continue or terminate its diplomatic relations
with any country in which a political upheaval had
taken place and in so doing it would not pronounce
judgment on the right of the foreign state to accept,
maintain or replace its government. (Cruz, International
Law, 2003 ed.) (In view of recent developments, the
Wilson doctrine and the Estrada doctrine are no longer
in the mainstream of public international law.)
HOT PURSUIT DOCTRINE
Requisites:
a. Pursuit commences from internal waters, territorial
sea or contiguous zone of pursuing state
b. Continuous and unabated
c. Conducted by warship, military aircraft or
government ships, authorized for the purpose
d. Ceases as soon as the ship being pursued enters
the territorial sea of its own, or of a third state
DOCTRINE OF FREE ENTERPRISE
Pest Management Association of the Philippines vs.
Fertilizer and Pesticide Authority, G.R. No. 156041,
February 21, 2007 and Pharmaceutical and Health
Care Association of the Philippines vs. Sec. Duque III,
G.R. No. 173034, October 9, 2007, it was held that
despite the fact that “our present Constitution
enshrines free enterprise as a policy”, it nevertheless
reserves to the Government the power to intervene
whenever necessary to promote the general welfare.
Free enterprise does not call for removal of ‘protective
regulations’. It must be clearly explained and proven by
competent evidence just exactly how such protective
regulation would result in the restraint of trade.
STIMSON DOCTRINE
Precludes recognition of any government established
as a result of external aggression (US Sec. Of State
Henry Stimson)
DOCTRINE OF INDELIBLE ALLEGIANCE
an individual may be compelled to retain his original
nationality although he has already renounced it under
the laws of another state whose nationality, he has
acquired
DOCTRINE OF EFFECTIVE NATIONALITY
(Art. 5, Hague Convention of 1930 on the Conflict of
Nationality Laws) – a person having more than one
nationality shall be treated as if he had only one—
either the nationality of the country in which he is
habitually and principally resident or the nationality of
the country with which, in the circumstances, he
appears to be most closely connected (Frivaldo vs.
Comelec)
PROCESS OF SUGGESTION
When a state or international agency wishes to plead
immunity in a foreign court, it requests the Foreign
Office of the state where it is sued to convey to the
court that said defendant is entitled to immunity. the
practice is for the foreign government or the
international organization to first secure an executive
endorsement of its claim of sovereign or diplomatic
immunity. But how the Philippine Foreign Office
conveys its endorsement to the courts varies. (Holy
See v. Rosario)
FREE EXERCISE CLAUSE
The Free Exercise Clause accords absolute protection
to individual religious convictions and beliefs and
proscribes government from questioning a person's
beliefs or imposing penalties or disabilities based solely
on those beliefs. The Clause extends protection to both
beliefs and unbelief. (Estrada v. Escritor)
A law or government action with a legitimate secular
purpose does not offend the Establishment Clause
even if it incidentally aids a particular religion. (Estrada
v. Escritor)

BENEVOLENT NEUTRALITY
It recognizes the religious nature of the Filipino people
and the elevating influence of religion in society; at the
same time, it acknowledges that government must
pursue its secular goals. In pursuing these goals,
however, government might adopt laws or actions of
general applicability which inadvertently burden
religious exercise. Benevolent neutrality gives room for
accommodation of these religious exercises as
required by the Free Exercise Clause. It allows these
breaches in the wall of separation to uphold religious
liberty, which after all is the integral purpose of the
religion clauses. (Estrada v. Escritor)
ACT OF STATE DOCTRINE
· The act of state doctrine is one of the methods by
which States prevent their national courts from
deciding disputes which relate to the internal affairs of
another State, the other two being immunity and non-
justiciability.
2. ACTUAL CASE OR CONTROVERSY
· An actual case or controversy is one that involves a
conflict of legal rights, an assertion of opposite legal
claims susceptible of judicial resolution; the case must
not be moot or academic or based on extra-legal or
other similar considerations not cognizable by a court
of justice.
3. AD INTERIM APPOINTMENT
· It is an appointment made by the President while
Congress is not in session or during recess.
4. ADMINISTRATIVE RES JUDICATA
· It refers to the rule which forbids the reopening of a
matter once judicially determined by competent
authority applies as well to the judicial and quasi-
judicial facts of public, executive or administrative
officers and boards acting within their jurisdiction as to
the judgments of courts having general judicial powers.
It has been declared that whenever final adjudication of
persons invested with power to decide on the property
and rights of the citizen is cognizable by the Supreme
Court, upon a writ of error or a certiorari, such final
adjudication may be pleaded as res judicata.
5. AMENDMENT
· Amendment of the Constitution, on the other hand,
envisages a change or only a few specific provisions.
The intention of an act to amend is not to consider the
advisability of changing the entire constitution or of
considering that possibility. The intention rather is to
improve specific parts of the existing constitution or to
add to it provisions deemed essential on account of
changed conditions or to suppress portions of it that
seem obsolete, or dangerous, or misleading in their
effect.
6. BELLIGERENT OCCUPATION
· The international law of belligerent occupation must
therefore be understood as meaning that the occupying
power exercises provisional and temporary control over
foreign territory. It follows from this that measures
taken by the occupying authorities should avoid far-
reaching changes in the existing order.
7. DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
· The doctrine of exhaustion of administrative remedies
states that one should avail all the means of
administrative processes provided by law before
seeking the intervention of the court. This is applied in
the exercise of quasi-judicial power of administrative
agency.
8. DOCTRINE OF INCORPORATION
· The Doctrine of Incorporation, as expressed in
Section 2, Article II of the Constitution, provides that
the Philippines adopts the generally accepted
principles of international law and international
jurisprudence as part of the law of the land and
adheres to the policy of peace, cooperation, and amity
with all nations.
9. DOCTRINE OF INDELIBLE ALLEGIANCE
· The doctrine that an individual may be compelled to
retain his original nationality notwithstanding that he
has already renounced or forfeited it under the laws of
the 2nd state whose nationality he has acquired.
10. DOCTRINE OF NECESSARY IMPLICATION
· The doctrine states that what is implied in a statute is
as much a part thereof as that which is expressed.
Every statute is understood, by implication, to contain
all such provisions as may be necessary to effectuate
its object and purpose, or to make effective rights,
powers, privileges or jurisdiction which it grants,
including all such collateral and subsidiary
consequences as may be fairly and logically inferred
from its terms.
11. DOCTRINE OF PRIOR RESORT
· When a claim originally cognizable in the courts
involves issues which, under a regulatory scheme are
within the special competence of an administrative
agency, judicial proceedings will be suspended
pending the referral of these issues to the
administrative body for its view.
12. DOCTRINE OF QUALIFIED POLITICAL AGENCY
· The doctrine of qualified political agency essentially
postulates that the heads of the various executive
departments are the alter egos of the President, and,
thus, the actions taken by such heads in the
performance of their official duties are deemed the acts
of the President unless the President himself should
disapprove such acts.
13. DOCTRINE OF TRANSFORMATION
· The doctrine requires that an international law
principle be transformed into domestic law through a
constitutional mechanism, such as local legislation.
The transformation theory is applied in the Philippines
through treaty-making power of the President. Through
this power, rules and principles embodied in a treaty in
force would be transformed into Philippine Law and
shall become valid and effective upon the concurrence
of 2/3 of all members of the Senate.
14. DOUBLE JEOPARDY
· The rule on double jeopardy means that when a
person is charged with an offense and the case is
terminated either by conviction or acquittal, or in any
other manner without the consent of the accused, the
latter cannot again be charged with the same or
identical offense.
15. EMINENT DOMAIN
· The government has the inherent power of eminent
domain, defined as the right of a nation or sovereign
state to take or authorize the taking of private property
for public use, without the owner's consent, subject to
payment of just compensation.
16. EQUIPOISE DOCTRINE
· The "equipoise doctrine" is the rule which states that
when the evidence of the prosecution and the defense
are so evenly balanced the appreciation of such
evidence calls for tilting of the scales in favor of the
accused.
17. EXCLUSIONARY PRINCIPLE (FRUIT OF THE
POISONOUS TREE)
· The Exclusionary Rule Principle mandates that
evidence obtained from an illegal arrest, unreasonable
search or coercive investigation, or in violation of a
particular law, must be excluded from the trial and will
not be admitted as evidence.
18. EXECUTIVE IMPOUNDMENT
· It refers to the refusal of the President, for whatever
reason, to release funds appropriated by Congress. It
is the failure to spend or obligate budget authority of
any type.
19. EXECUTIVE PRIVILEGE
· The power of the government to withhold information
from the public, the courts, and the Congress.
20. FACIAL CHALLENGE
· A facial challenge is a challenge to a statute in which
the plaintiff alleges that the legislation is always
unconstitutional, and therefore void. It is contrasted
with an as-applied challenge, which alleges that a
particular application of a statute is unconstitutional.
21. GRAVE ABUSE OF DISCRETION
· Grave abuse of discretion has been defined as a
"capricious or whimsical exercise of judgment that is
patent and gross as to amount to an evasion of positive
duty or a virtual refusal to perform a duty enjoined by
law."
22. HEARSAY EVIDENCE
· Hearsay evidence is defined as "evidence not of what
the witness knows himself but of what he has heard
from others." The hearsay rule bars the testimony of a
witness who merely recites what someone else has
told him, whether orally or in writing.
23. HECKLER’S VETO
· Heckler's veto is a form of curtailment of one's
freedom of expression. In the free speech context, a
heckler's veto is either of two situations in which a
person who disagrees with a speaker's message is
able to unilaterally trigger events that result in the
speaker being silenced.
24. HIERARCHY OF RIGHTS
· Under the doctrine of Hierarchy of Rights, even if the
three areas are protected by the Constitution,
nonetheless, not all rights are created equal. Under this
doctrine, property rights rank lower than civil liberties
and political freedoms.
25. INQUIRIES IN AID OF LEGISLATION
· The phrase "inquiries in aid of legislation" refers to
inquiries to aid the enactment of laws, inquiries to aid in
overseeing the implementation of laws, and even
inquiries to expose corruption, inefficiency or waste in
executive departments.
26. INVERSE CONDEMNATION
· A taking of property by inverse condemnation occurs
when the government acquires or appropriates private
property without following eminent domain procedures
and without paying just compensation.
27. JUDICIAL POWER
· 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.
28. JUS POSTLIMINIUM
· When a foreign power occupies a state and exercises
the powers of government, the political laws of the said
state are deemed automatically suspended but the
former government automatically comes to life and will
be in force and in effect again upon the re-
establishment of the former government.
29. JUSTICIABLE CONTROVERSY
· A justiciable controversy is a definite and concrete
dispute touching on the legal relations of parties having
adverse legal interests, which may be resolved by a
court of law through the application of a law.
30. LEGAL STANDING OR LOCUS STANDI
· Legal standing" or locus standi has been defined as a
personal and substantial interest in the case such that
the party has sustained or will sustain direct injury as a
result of the governmental act that is being challenged.
31. LEGISLATIVE VETO
· The legislative veto, as a practical matter, allows
Congress to prevent a countervailing attempt by the
executive branch to implement a law in a manner
contrary to the legislative intent. Congress can override
the veto via a two-thirds vote with both houses voting
separately, after which the bill becomes law.
32. LIFEBLOOD THEORY
· The lifeblood theory constitutes the theory of taxation,
which provides that the existence of government is a
necessity; that government cannot continue without
means to pay its expenses; and that for these means it
has a right to compel its citizens and property within its
limits to contribute.
33. LIS MOTA
· Lis mota is a Latin term meaning the cause or
motivation of a legal action or lawsuit. The literal
translation is "litigation moved".
34. MINISTERIAL ACT
· A purely ministerial act or duty is one which an officer
or tribunal performs in a given state of facts, in a
prescribed manner, in obedience to the mandate of a
legal authority, without regard to or the exercise of his
own judgment upon the propriety or impropriety of the
act done.
35. MOOT AND ACADEMIC QUESTIONS
· An issue or a case becomes moot and academic
when it ceases to present a justiciable controversy so
that a determination thereof would be without practical
use and value. In such cases, there is no actual
substantial relief to which the petitioner would be
entitled to and which would be negated by the
dismissal of the petition.
36. NATIONAL TERRITORY
· The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. 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.
37. NATURALIZATION
· It is the process by which a foreigner acquires
voluntarily or by operation of law, the citizenship of
another state.
38. OPEN COURT DOCTRINE
· Civilians cannot be tried by military courts if the civil
courts are open and functioning.
39. PARENS PATRIAE DOCTRINE
· Parens patriae refers to the public policy power of the
State to intervene against an abusive or negligent
parent, legal guardian, or informal custodian, and to act
as the parent of any child or individual who is in need
of protection. On the other hand, in the juvenile justice
legal system, parens patriae allows the State to step in
and serve as guardian for children, the mentally-ill, the
incompetent, the elderly or disabled persons who are
unable to care for themselves.
40. POLICE POWER
· Police power is the plenary power vested in the
legislature to make, ordain, and establish wholesome
and reasonable laws, statutes and ordinances, not
repugnant to the Constitution, for the good and welfare
of the people.
41. POLITICAL QUESTION
· Political questions refer "to those questions which,
under the Constitution, are to be decided by the people
in their sovereign capacity, or in regard to which full
discretionary authority has been delegated to the
legislative or executive branch of government."
42. PRINCIPLE OF AUTO-LIMITATION
· The principle of auto-limitation of sovereignty
emphasizes a situation wherein the state through the
legislature imposes self-limitation on the exercise of its
power out of respect for the relations that it created.
43. PRIVILEGED COMMUNICATION
· A privileged communication is one made bona fide
upon any subject matter in which the party
communicating has an interest, or in reference to which
he has a duty.
44. QUASI-JUDICIAL POWER
· Quasi-judicial power refers to the authority to hear
and decide on cases in the performance of duty and to
enforce its decisions according to the law; the function
of adjudication.
45. REGALIAN DOCTRINE
· It is a legal principle that holds that all natural wealth
– agricultural, forest, timber and mineral lands of the
Public Domain and all other natural resources belong
to the State.
46. REVISION
· Revision is the alterations of the different portions of
the entire document [Constitution]. It may result in the
rewriting whether the whole constitution, or the greater
portion of it, or perhaps some of its important
provisions. But whatever results the revision may
produce, the factor that characterizes it as an act of
revision is the original intention and plan authorized to
be carried out. That intention and plan must
contemplate a consideration of all the provisions of the
Constitution to determine which one should be altered
or suppressed or whether the whole document should
be replaced with an entirely new one.
47. TAXATION
· The power by which the sovereign, through its law-
making body, raises revenue to defray the necessary
expenses of the government.
48. THREE STRIKE RULE
· A nomination or appointment which has been
bypassed 3 times shall be reported out by the standing
committee concerned to the commission for its
appropriate action in the next plenary session. Under
this rule, nominees can only be bypassed 3 times; after
which, the Commission on Appointment should vote on
the approval or rejection of the nominee. If rejected, the
President should no longer reappoint the official.
49. VOID-FOR-VAGUENESS DOCTRINE
· The void-for-vagueness doctrine holds that a law is
facially invalid if men of common intelligence must
necessarily guess at its meaning and differ as to its
application.
50. WRIT OF AMPARO
· The Petition for a Writ of Amparo is a remedy
available to any person whose right to life, liberty and
security is violated or threatened with violation by an
unlawful act or omission of a public official or
employee, or of a private individual or entity.

PROPORTIONAL REPRESENTATION
The constitutional standard of proportional
representation is rooted in equality in voting power —
that each vote is worth the same as any other vote, not
more or less. Regardless of race, ethnicity, religion,
sex, occupation, poverty, wealth or literacy, voters
have an equal vote. Translated in terms of legislative
redistricting, this means equal representation for equal
numbers of people or equal voting weight per
legislative district. In constitutional parlance, this
means representation for every legislative district "in
accordance with the number of their respective
inhabitants, and on the basis of a uniform and
progressive ratio" or proportional representation. Thus,
the principle of "one person, one vote" or equality in
voting power is inherent in proportional representation.
(Aquino III v. Commission on Elections)
PARTY-LIST SYSTEM
It is based on Secs. 5(1) and 5(2), Article VI of the
1987 Constitution which states that 20 percent of seats
in the House of Representatives shall be allocated
through a party-list system of registered national,
regional, and sectoral parties or organizations.
A party-list system refers to a mechanism of
proportional representation where candidates are
elected through allocation based on an electoral list of
candidates from different parties. Seats get distributed
to each party in proportion to the number of votes they
receive in the election.
Atong Paglaom v. Comelec (G.R. No. 203766, April 2,
2013), the Supreme Court set new parameters and
held that national parties or organizations, regional
parties or organizations, and sectoral parties or
organizations can participate in the party-list elections.
National parties or organizations and regional parties
or organizations need not even organize along sectoral
lines nor represent the marginalized and
underrepresented so as not to “deprive and exclude, by
judicial fiat, ideology-based and cause-oriented parties
from the party-list system.” Under the new guidelines,
major political parties can participate in party-list
elections as long as they do so through an independent
sectoral wing registered under the party-list system.
EXECUTIVE PRIVILEGE
- The power of the Government to withhold
information from the public, the courts, and the
Congress those relating to matters of state secrets,
diplomatic relations, and national security.
- The right of the President and high-level executive
branch officers to withhold information from
Congress, the courts, and ultimately the public
Two (2) kinds of executive privilege; one is the
presidential communications privilege and, the other is
the deliberative process privilege. The former pertains
to "communications, documents or other materials that
reflect presidential decision-making and deliberations
and that the President believes should remain
confidential." The latter includes 'advisory opinions,
recommendations and deliberations comprising part of
a process by which governmental decisions and
policies are formulated." (Neri v. Senate Committee on
Accountability of Public Officers and Investigations)
DOCTRINE OF EXECUTIVE PRIVILEGE
Three (3) questions are covered by the presidential
communications privilege.
- Communications relate to a "quintessential and
non-delegable power" of the President, i.e., the
power to enter into an executive agreement with
other countries. This authority of the President to
enter into executive agreements without the
concurrence of the Legislature has traditionally
been recognized in Philippine jurisprudence.
- "received" by a close advisor of the President.
Under the "operational proximity" test, petitioner
can be considered a close advisor, being a
member of President Arroyo's cabinet.
- No compelling need that would justify the limitation
of the privilege and of the unavailability of the
information elsewhere by an appropriate
investigating authority. (Roxas v. Ermita)
OPERATIONAL PROXIMITY
In determining which test to use, the main
consideration is to limit the availability of executive
privilege only to officials who stand proximate to the
President, not only by reason of their function, but also
by reason of their positions in the Executive’s
organizational structure.
Only communications at that level are close enough to
the President to be revelatory of his deliberations or to
pose a risk to the candor of his advisers.
Political Law
The branch of public international law that deals with
the organization and operations of the governmental
organs of the State and the relationship of the state
with the inhabitants of the territory.
State
Community of persons, more or less numerous,
permanently occupying a fixed territory, and possessed
of an independent government body organized for
political ends to which the inhabitants render habitual
obedience.
Constitution
A body of rules/maxims in accordance with which the
powers of sovereignty are habitually exercised.
A written document/instrument enacted by a 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 departments for their safe and useful exercise,
for the benefit of the body politic.
Territorial sea
Defined by:
1. Straight baseline – lines made to connect
appropriate points on the coast without departing
radically from its general direction.
2. Normal baseline – drawn from low-water mark of
the coast to breadth, following sinuosity and
curvatures but excluding internal waters in bays
and gulls.
Archipelagic doctrine
Considers the Philippine archipelago as one integrated
unit, one state, one country. There is an imaginary
single baseline to protect territorial interests.
Territory
Fixed portion of the Earth inhabited by the people.
Composed of terrestrial, fluvial, and aerial
domains.(Magallona v. Ermita)
UNCLOS did not reduce the Philippines’ maritime
territory but only codified decades-long negotiations
among UN members on maritime issues and rights.
Under international law, multilateral treaties are not
sources of acquisition of territory, unlike occupation,
accretion, cession, and prescription.
UNCLOS I – Convention on Territorial Sea and the
Contiguous Zone (codified sovereign right of the State
over territorial sea)
UNCLOS III – prescribes water-land ratio, length,
People
Inhabitants of the State; more or less numerous and
capable of defense and perpetuation who may share a
common language, common religion, common history,
etc.
Government
Aggregate of institutions by which an independent
society makes and carries out those rules of action
which are necessary to enable men to live in a social
state.
Laissez-faire
The driving principle behind laissez-faire, a French term
that translates as "leave alone" (literally, "let you do"), is
that the less the government is involved in the economy,
the better off business will be—and by extension,
society as a whole. Laissez-faire economics are a key
part of free market capitalism.
Welfare state
Refers to a type of governing in which the national
government plays a key role in the protection and
promotion of the economic and social well-being of its
citizens. A welfare state is based on the principles of
equality of opportunity, equitable distribution of wealth,
and public responsibility for those unable to avail
themselves of the minimal provisions of a good life.
Social Security, mandated unemployment insurance
programs, and welfare payments to people unable to
work are all examples of the welfare state.
De Jure (Government of Law) – Government has a
rightful title but no power or control, either because this
has been withdrawn from it or because it has not yet
entered into the exercise thereof.
De Facto (Government of fact) – Government on the
other hand is a government of fact, that is, it actually
exercises power or control but without legal title.
1. the government that gets possession and control of,
or usurps by force or by the voice of the majority, the
rightful legal government and maintains itself
against the will of the latter;
2. That established as an independent government by
the inhabitants of a country who rise in insurrection
against the parent state; and
3. That which is established and maintained by military
forces who invade and occupy a territory of the
enemy in the course of war, and which is
denominated as a government of paramount force.
Sovereignty
Supreme and uncontrollable power inherent in a State
by which that State is governed.
Social justice
Neither communism, nor despotism, nor atomism, nor
anarchy, but the humanization of laws and equalization
of social and economic forces of the State so that justice
in its rational and objectively secular conception may at
least be approximated.
Promotion of the welfare of the people, the adoption of
the government of measures to insure economic
stability of all competent elements.
State immunity
State cannot be sued without its consent. “There can be
no legal right against the authority which makes the laws
on which the right depends.” “Equals cannot have
sovereignty over the other.”
Cannot be used to perpetuate injustice to the people.
(Amigable v. Cuenca)
Suit is against the State if appropriation is needed to
satisfy judgment if claim is allowed, unless if there is an
appropriation already or if recovery of title or possession
of property.
NOT all jus imperii acts exempt a State (e.g., eminent
domain)
The Philippines follows restrictive theory where
immunity is only recognized with regard to jus imperii
(acts of state or public acts) and not to jus gestionis
(commercial or proprietary acts).
Consent may be made:
1. Express – through general or special laws
2. Implied – through entering into
private/commercial/proprietary contracts (unless
incidental), initiating actions for affirmative reliefs
from private parties or entering into arbitration
NOT deemed impliedly waived if only to resist the claim
or invoke immunity.
Funds which are public in character may not be
garnished. Only those properties held by the
government not used for public purpose may be
garnished.
COA has the exclusive jurisdiction to decide on
allowance or disallowance of monetary claims and must
decide on cases within 60 days.
If against government agencies, check if unincorporated
or incorporated. If incorporated – check charter if suable.
State is not required to pay legal fees, commissioner’s
fees, put up a bond. Also, no running of statutes of
limitations except when engaged in jus gestionis.
GR: Interest not chargeable to the State
EX: expressly stipulated, allowed by act of legislature,
eminent domain cases at legal rate
State is liable only for torts/quasi-delicts through its
special agents. Municipal corporations are liable only for
torts committed by them in a proprietary capacity.
Filipino Citizens (Art. IV)
- Citizens at the time of the adoption of the 1987
Constitution (Feb. 2, 1987)
- Fathers/mothers are Filipino citizens
- Born before Jan. 17, 1973 with Filipino mothers who
elect Filipino citizenship upon reaching the age of
majority (must be made within reasonable time; In
re: Vicente Ching)
- Naturalization
Modes of acquiring citizenship
1. Jus sanguinis – by birth, had not done any act to
acquire or perfect citizenship
2. Naturalization (administrative, legislative, judicial) –
voluntary act of a foreigner to renounce his previous
citizenship and entrance into similar relation with a
new body politic.
How to elect Philippine citizenship
1. Expressing statement of election, signed, shown
before authorized officer
2. File statement with nearest civil registry
3. Include Oath of Allegiance to the Constitution and
Government of the Philippines
Dual citizenship vs. Dual allegiance
- Dual citizenship is allowed (except when running for
office, must renounce the other citizenship) while
dual allegiance is inimical to the interest of the state.
- Dual citizenship is involuntary while dual allegiance
requires some positive act where the person
simultaneously owes loyalty to two or more states.
Res judicata in citizenship cases – sui generis except
when: lis mota of another case, SolGen or authorized
representative took active part in the resolution of the
case; affirmed by the Supreme Court
Administrative naturalization
- Foreigner applicant, born and lived in the
Philippines since birth, at least 18 years old without
any disqualifications under RA 9139
Judicial naturalization
- 21 years old and above, resided in the Philippines
for continuous period of not less than 10 years (may
be reduced to 5 years if contributed significantly to
the country), good moral character, owns Philippine
real estate etc.
- May be given by virtue of marriage
Jus postliminium
Restoration of political laws post-occupation
Imperium
Government authority possessed by State which is
appropriately embraced in sovereignty.
Dominium
Capacity of the State to own and acquire property; basis
of the Regalian doctrine (all lands belong to the State
and that the State is the source of any asserted right.
Reacquisition of citizenship:
1. Naturalization
2. Repatriation – oath of allegiance only and file with
civil registry of place last resided
3. Act of Congress
Self-executing provisions
Those that do not need legislative action to be
enforceable such as right to a balanced and healthful
ecology and to health, and public disclosure.
Benevolent neutrality
Provides room for accommodation of religious freedoms
under the Free Exercise Clause so long as not violative
of public policy.
Nemo est supra leges
No one is above the law; intention is insufficient to
validate an unauthorized act (Villavicencio v. Lucban)
Incorporation clause
Every State is part of family of nations and is bound by
generally accepted international law principles
(automatically part of the law of the land) even if not
enacted by legislature.
If there is conflict between municipal and
international law:
- Harmonize
- If irreconcilable, municipal prevails
Separation of powers
Each of the 3 great branches of the government has
exclusive cognizance of and is supreme over matters
falling within its own constitutionally allocated sphere.
Checks and balances – one department is allowed to
resist encroachment upon its prerogatives or to rectify
mistakes committed by the other departments.
Blending of powers
Not confined exclusively within one department (e.g.,
GAA, amnesty)
Potestas delegata non delegare potest
What has been delegated cannot be delegated;
delegated power is a right and duty to be performed by
delegate through instrumentality of his own judgment
and not through the intervening mind of another (breach
of trust given by delegator)
Permissible delegation:
1. Tariff powers to the president (not a source of power
to negotiate international trade agreements)
2. Emergency powers of the president
(war/emergency, limited period, subject to
restrictions by the Congress, must carry out the
national policy of the Congress)
3. People at large (initiative and referendum)
4. LGUs – power of eminent domain, police power,
taxation
5. Administrative bodies – subordinate legislation
through implementing rules and regulations
Valid delegation test
1. Completeness – law must be complete; delegate
has nothing left to do except enforce
2. Sufficient Standard – provides guidelines or
limitations to map out the boundaries of the
delegate’s authority (e.g., public welfare, public
interest, justice & equity, promote simplicity,
economy, efficiency, national security)
Legislative department
- Congress is bicameral
Senate
- Composed of 24 senators
- Qualifications: at least 35 years old, natural-born
Filipino, able to read and write, registered voter,
resident of the Philippines at least 2 years
immediately preceding election day
- Term: 6 years; 2 consecutive terms only