B.

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The 1935 Constitution.
1. Framing and ratification. - Briefly stated, the steps which
led to the drafting and adoption of the 1935 Constitution.
a. Approval on March 24, 1934, by President Franklin D.
Roosevelt of the Tydings-McDuffie Law, otherwise known as
the Philippine Independence Act,
5. Amendments. - The 1935 Constitution had been
amended three (3) times, as follows:
a. In a plebiscite on October 24, 1939, our people ratified
the changes to the Ordinance Appended to the Constitution
in accordance with the requirements of the Tydings-
Koscialkowski Act which liberalized the onerous economic
provisions of the Tydings-McDuffie Law;

b. Acceptance on May 1, 1934, by the Philippine Legislature.
c. Approval on May 5, 1934, by the Philippine Legislature of
a bill calling a constitutional convention.
d. Election on July 10, 1934 of delegates to the convention;
b. In a plebiscite on June 18, 1940, our people ratified three
amendments proposed by the National Assembly, namely:
the establishment of a bicameral legislature; the re-
eligibility of the President and the Vice-President for a
second four-year term of office; and the creation of a
separate Commission on Elections; and

e. Inaugural session on July 30, 1934 of the Constitutional
Convention.
f. Approval on February 8, 1935 by the convention with
a vote of 177 to 1 of the Constitution (the signing began on
the following day and was completed on February 19,
1935).
g. Submission on March 18, 1935 of the Constitution to
President Franklin D. Roosevelt by a committee composed
of Senate President Manuel L. Quezon, Convention
President Claro M. Recto, and delegate Manuel A. Roxas;
h. Approval on March 23, 1935 by President Roosevelt of
the Constitution as submitted to him,· together with a
certification that the said Constitution conformed with the
provisions of the Independence Law;
i. Ratification on May 14, 1935 of the Constitution by the
Filipino electorate by a vote of 1,213,046, with 44,963
against.
c. In a plebiscite on March 11, 1946, our people ratified the
so-called "Party Amendment" which gave to American
citizens equal rights with the Filipinos in the exploitation of
our natural resources and the operation of public utilities.
Concerning women suffrage, the issue was settled in a
plebiscite held on April 30, 1937, when 447,725 women
reportedly voted yes and 44,307 women voted no. In
compliance with the 1935 Constitution (Art. V, Sec. 1,
thereof.), the National Assembly passed a law which
extended right of suffrage to women.
6. Suspension of operation. - The 1935 Constitution ceased
to operate during the Japanese occupation from 1942 to
1944. It automatically became effective upon the re-
establishment of the Commonwealth Government on
February 27, 1945 (supra.) and the inauguration of the
Republic of the Philippines on July 4, 1946.

2. Limitations and conditions. - While the Tydings-McDuffie

Law empowered the Filipinos to frame their own
constitution'. it contained, however, provisions limiting such
authority.

3. Sources. - The 1935 Constitution of the Philippines did

not contain original ideas of government. While the
dominating influence was the Constitution of the United
States after which it was modelled, the following sources
were also consulted by the framers.

a. The Malolos Constitution;

b. Philippine Commission on April 7, 1900; the Philippine
Bill of July 1, 1902; and the Jones Law of August 26, 1916

4. Scope - The Constitution as approved by the 1935

Constitutional Convention was intended both for the
Commonwealth and the Republic. . Thus, Article 17 (which
later became Article 18 after the Constitution was
amended) declares: "The government established by this
Constitution shall be known as the Common Wealth of the
Philippines.
1 – Philippine Constitution (Notes)

The 1973 Constitution.
Framing. - The experience of more than three (3) decades
as a sovereign nation had revealed flaws and inadequacies
in the 1935 Constitution.
a. Taking into account the "felt necessities of the times,"
particularly the new and grave problems arising from an
ever-increasing population, urgently pressing for solution,
Congress in joint session on March 16, 1967, passed
Resolution of Both Houses No. 2 (as amended by Resolution
No. 4, passed on June 17, 1969.), authorizing the holding of
a constitutional convention in 1971.
b. On August 24, 1970, Republic Act No. 6132 was approved
setting November 10, 1970, as election day for 320
delegates to the Constitutional Convention. The convention
started its work of rewriting the Constitution on June 1,
1971.
c. After 15 months, on its 291st plenary session on
November 29, 1972, the convention approved the new
proposed charter of the land. The vote was 273 in favor, 15
against, 27 absent. One refused to vote. There were no
abstentions. The proposed Constitution was signed the
following day, November 30, 1972.
2. Approval by the Citizens Assemblies. - Earlier on
September 21, 1972, the President of the Philippines issued
Proclamation No. 1081 placing the entire country under
Martial Law.
(a) "To broaden the base of citizens' participation in the
democratic process, and to afford ample opportunities for
the citizenry to express their views on important matters of
local or national concern," Presidential Decree No. 86 was
issued on December 31, 1972 creating a Citizens Assembly
in each barrio in municipalities and in each district in
chartered cities throughout the country. –
Subsequently, Presidential Decree No. 86-A was issued on
January 5, 1973 defining the role of barangays (formerly
Citizens Assemblies). It provides that the barangays created
under Presidential Decree No. 86 "shall constitute 'the base
for citizens' participation in governmental affairs and their
collective views shall be considered in the formulation of
national policies or programs and, whenever practicable,
shall be translated into con,crete and specific decisions."
(b) Under Presidential Decree No. 86-A, the barangays were
to conduct a referendum on national issues between
January 10 and 15, 1973. Pursuant to the Decree, the
following questions were submitted before the Citizens
Assemblies or Barangays:
1) "Do you approve of the New Constitution?"; and
2) "Do you still want a plebiscite to be called to ratify the
new Constitution?"
2 – Philippine Constitution (Notes)
3. Ratification by Presidential Proclamation. - According to
Proclamation No. 1102 issued on January 17, 1973,
14,976,561 members of all the Barangays (Citizens
Assemblies) voted for the adoption of the proposed
Constitution, as against 743,869 who voted for its rejection.
4. Amendments. - The 1973 Constitution had been
amended on four (4) occasions.
a. In the referendum-plebiscite held on October 16-17,
1976, seven (7) amendments to the 1973 Constitution as
proposed under Presidential Decree No. 1033 were ratified
by the people.
b. In the plebiscite held simultaneously with the January 30,
1980 local elections, the amendment making 70 years as
the retirement age for members of the judiciary under
Batas Pambansa Bilang. 54, was approved by the people.
c. In the third plebiscite held on April 7, 1981, the following
amendments were likewise ratified by the people:
1) establishing a modified parliamentary form of
government;
2) instituting electoral reforms; and
3) Permitting natural-born citizens who have lost their
citizenship to be a transferee of private land, for use by
them as residence.
d. In the fourth plebiscite held on January 27, 1984, the
amendments ratified by the people are the following:
1) apportioning the members of the Batasang Pambansa
among the provinces, cities, and Metropolitan Manila or
its districts;
2) providing for an ordinance to be appended to the
Constitution containing such apportionment;
3) establishing a different mode of presidential succession
by creating the office of Vice-President and abolishing
the Executive Committee;
4) allowing the "grant" of lands of the public domain
to qualified citizens;
5) providing that at least a majority of the members of
the cabinet who are heads of ministries shall come from the
elected representatives of the Batasang Pambansa; and
6) providing for urban land reform and social housing
program.

The 1987 Constitution.
The Constitutional Commission of 1986. - The 1987
Constitution was drafted by a Constitutional Commission
created under Article V of Proclamation No. 3 issued on
March 25, 1986 which promulgated the Provisional
Constitution or "Freedom Constitution" following the
installation of a revolutionary government "through a direct
exercise of the power of the Filipino people."
Section 1. Within sixty (60) days from date of this
Proclamation, a Commission shall be appointed by the
President to draft a New Constitution. The Commission shall
be composed of not less than thirty (30) nor more than fifty
(SO) natural-born citizens of the Philippines, of recognized.
probity, known for their independence, nationalism and
patriotism. They shall be chosen by the President after
consultation with various sectors of society.
Section 2. The Commission shall complete its work within as
short a period as may be consistent with the need both to
hasten the return of normal constitutional government and
to draft a document truly reflective of the ideals and
aspirations of
the Filipino people.
Section 3. The Commission shall conduct public hearings to
insure that the people will have adequate participation in
the formulation of the New Constitution.
Section 4. The plenary sessions of the Commission shall be
public and fully recorded.
Section 5. The New Constitution shall be presented by the
Commission to the President who shall fix the date for the
holding of a plebiscite. It shall become valid and effective
upon ratification by a majority of the votes cast in such
plebiscite which shall be held within a period of sixty (60)
days following its submission to the President."
2. Law governing the Commission. - Pursuant to
Proclamation No. 3 and "in accordance with the mandate of
the people to work toward the establishment of a just, free
and democratic constitutional order within the shortest
time possible," the President promulgated on April 23, 1986
Proclamation No. 9, the "Law Governing the Constitutional
Commission of 1986," "to organize the Constitutional
Commission, to provide for the details of its operation and
establish the procedure for the ratification or rejection of
the proposed new Constitution.
(a) Under the Proclamation, the Constitutional Commission
"shall be composed of not more than fifty (50) national,
regional, and sectoral representatives who shall be
appointed by the President." As coI,1stituted, the
Commission was composed only of forty-eight (48)
members -forty two (42) men and six (6) women, with a
3 – Philippine Constitution (Notes)
preponderance of lawyers - because of the withdrawal of an
opposition appointee and non-acceptance by the Iglesia ni
Kristo of the President's offer to submit a nominee.
b. In contrast, Proclamation No. 9 mandated the
Constitutional Commission to "endeavour to complete its
work on or before September 2, 1986 and thereafter,
present to the President the proposed new Constitution."
Framing and ratification. - The Constitutional Commission,
which marked the fourth exercise in the writing of a basic
charter in Philippine history since the Malolos Constitution
at the turn of the century/ convened on June 2, 1986 at the
Batasang Pambansa
Building in Diliman, Quezon City. With the Malolos
Constitution of 1898, the 1935 Constitution, and the 1973
Constitution as "working drafts," the Commission.
4. Merits and demerits of an appointive framing body. -
Admittedly, there were some merits or advantages in
delegating the drawing up of the new charter to an
appointed Constitutional Commission rather than to an
elected Constitutional Convention.
a. The Constitutional Commission was not expensive and
time-consuming, unlike our experience with the 1971
Constitutional Convention.
b. only those directly elected and empowered by the
people must be entrusted with the task of discharging this
grave and solemn responsibility.
Infirmities in the formulation and/or ratification of the
Philippine Constitution.
The Philippines has had six (6) Constitutions within a period
of 88 years. since 1899 to 1987 but not a Constitution
desirable in stable democracies, namely, a charter
authorized under an independent Republic, framed by
elected delegates, and ratified under a democratic
government.
1. The 1899 Malolos Constitution - It was drafted by non-
elective delegates, not ratified, and not implemented.
2. The 1935 Constitution. - It was formed by elected
delegates and ratified by the electorate but it did not fully
reflect the voice of the Filipinos.
3. The 1943 Constitution. - It was ordered by an occupying
army, drafted by commissioners who were not elected by
the people, and not ratified by the electorate.
4. The 1973 Constitution. - It was framed by elected
delegates but was not ratified by the electorate in a
plebiscite. It was drafted and arbitrarily implemented and
amended under a martial law regime.
5. The 1986 Provisional Constitution. - It was drafted
administratively by a revolutionary government and not
ratified.

6. The 1987 Constitution. - It was authorized by a

revolutionary government, framed by appointive
commissioners, and ratified under the authority and
auspices of said government.

Basic principles of government underlying

the Constitution.
The 1987 Constitution is founded upon certain fundamental
philosophies or principles of government that have become
part and parcel of our cherished democratic heritage as a
people. A knowledge of these principles is, therefore,
essential to a proper understanding of our organic law.
Among these principles as contained in the Constitution are
the following:

(1) Recognition of the aid of Almighty God (see Preamble.);

(2) Sovereignty of the people (see Art. 2, Sec. 1.);
(3) Renunciation of war as an instrument of national policy
(see
Ibid., Sec. 2.);
(4) Supremacy of civilian authority over the military (see
Ibid.,
Sec. 3.);
(5) Separation of church and State (see Ibid., Sec. 6.);
(6) Recognition of the importance of the family as a basic
social institution and of the vital role of the youth in nation-
building (see Ibid., Secs. 12, 13; Art. 15.);
(7) Guarantee of human rights (see Art. 3, Secs. 1-22; Art. 8,
Secs. 17-19.);
(8) Government through suffrage (see Art. 5, Sec. 1.);
(9) Separation of powers with the concomitant checks and
balances (see Art. 6, Sec. 1.);
(10) Independence of the judiciary (see Art. 8, Sec. 1.);

(11) Guarantee of local autonomy (see Art. 10, Sec. 2.);

(12) High sense of public service morality and accountability
of public officers (see Art. 11, Sec. 1.); •
(13) Nationalization of natural resources and certain private
enterprises affected with public interest (see Art. 7, Secs. 2,
3, 17, 18.);
(14) Guarantee of social justice and promotion of individual
and social welfare (Art. 8, Secs. 1-16.);
(15) Non-suability of the State (see Art. 16, Sec. 3.);
(16) Rule of the majority (see Art. 2, Sec. 1.); and
(17) Government of laws and not of men. (Ibid.)

4 – Philippine Constitution (Notes)


C. CONCEPTS OF STATE AND GOVERNMENT
Meaning of state
A state is a community of persons more or less numerous,
permanently occupying a definite portion of territory,
having a government of their own to which the great body
of inhabitants render obedience, and enjoying freedom
from external control.
Elements of state
The modern state has four (4) constituent elements.
People. -This refers to the mass of the population living
within the state constituting the body politic. The people
forming the state need not have common racial, culture,
ideological or commercial interests. It is sufficient that they
are bound together by political ends. Without people, there
can be no functionaries to govern and no subjects to be
governed.
Territory. - It includes not only the land over which the
jurisdiction of the State extends, but also the rivers and
lakes therein, a certain area of the sea which abuts upon its
coasts, and the air space above them. Thus, the domain of
the state may be described as terrestrial, fluvial, maritime,
and aerial. Within its territory, the state alone and no other,
can make and enforce laws.
Government. - It refers to the agency through which the will
of the state is formulated, expressed and carried out. This
"body of men" is usually spoken of as" administration." I
The ordinary citizens of a country are a part of the state, but
are not part of the government.
Sovereignty. - The term may be defined as the supreme
power of the state to command and enforce obedience to
its will from people within its jurisdiction and corollarily, to
have freedom from foreign control. Sovereignty, has been
referred to as the supreme, absolute and uncontrollable
power by which any State is governed.
State as an entity distinct from the people.
The state, as a juristic or legal person, refers to the group of
human beings organized as a body politic that constitutes
the repository of sovereignty. However, the Constitution
calls upon the state to promote the welfare and protect the
rights of the people subject 'to its authority. Thus, the
Constitution speaks of the rights of the people to health
(Ibid., Sec. 15.) and to social justice. (Art. XIII, Sec. 1.) By
said provisions, the state is envisaged as an entity distinct
and separate from the people considered as a body of
individual persons.
5 – Philippine Constitution (Notes)
The state in international law.
States are members of the family of nations regardless of
their forms. So long as a state possesses the requisite
attributes, international law does not concern itself with the
form of its government.
Any state is a member of the Family of Nations if recognized
by enough members to give it international personality.
United Nations, on the other hand, is an organization of
sovereign or semi-sovereign states that are accepted as
members in accordance with its charter. The Philippines is a
member of both.
State distinguished from the nation.
State is a legal or political concept, while nation is a racial or
ethnic concept. A nation is a group of people bound
together by certain characteristics such as common social
origin, language, customs, and traditions, and who believe
that they are one and distinct from others. The term is
more strictly synonymous with "people." Thus, a state is
considered an ideal person, intangible and immutable,
while a nation refers to a distinctly identifiable and visible
group of people;
A state is not subject to external control while a nation may
or may not be independent of external control; and
A single state may consist of one or more nations or
peoples and conversely, a single nation may be made up of
several states. The United States is a melting pot of several
nationalities. On the other hand, the Arab nation is divided
politically into several sovereign states.
The Philippines is a state consisting of one nation although
the Filipinos are composed of Christians, Muslims, and
those identified as indigenous cultural communities.
State distinguished from government.
1. Relationship of principal and agent. -The government is
only the agency through which the state expresses its will. A
state cannot exist without a government but it is possible to
have a government without a state.
2. Change in system of government. - The government may
change, its form may change, but the state, as a juridical
entity, is not affected. As long as the requisites are present,
the state remains the same although with a different system
of government.
3. Imputation of wrongdoing. - The maxim that "the King
can do no wrong" has no place in a democratic system of
government. The state can speak and act only by law.
Whatever wrong is committed by the government in the
name of the state is imputable to the government itself and
not to the state.

Forms of government.
1) As to number of persons exercising sovereign powers:
(a) Monarchy or one in which the supreme and final
authority is in the hands of a single person without regard
to the source of his election or the nature or duration of his
tenure.
Monarchies are further classified into:
1) Absolute monarchy or one in which the ruler governs by
divine right; and
2) Limited monarchy or one in which the ruler governs
in accordance with a constitution;
(b) Aristocracy or one in which political power is exercised
by a few privileged class which is known as an aristocracy or
oligarchy; and
(c) Democracy or one in which political power is exercised
by a majority of the people.7 Democratic governments are
further classified into:
1) Direct or pure democracy or one in which the will of the
state is formulated or expressed directly and immediately
through the people in a mass meeting
2) Indirect, representative, or republican democracy or one
in which the will of the state is formulated and expressed
through the agency of a relatively small and select body
(2) As to extent of powers exercised by the central or
national government:
(a) Unitary government or one in which the control of
national and local affairs is exercised by the central or
national government; and
(b) Composite or federal government or one in which the
powers of government are divided between two (2) sets of
organs, one for national affairs and the other for local
affairs, each organ being supreme within its own sphere. It
actually creates two (2) layers of government
3) As to relationship between the executive and the
legislative branches of the government:
a. Parliamentary government or one in which the state
confers upon the legislature the power to terminate the
tenure of office of the real executive.
b. Presidential government or one in which the state makes
the executive constitutionally independent of the
legislature as regards his tenure and to a large extent as
regards his policies and acts, and furnishes him with
sufficient powers to prevent the legislature from trenching
upon the sphere marked out by the constitution as
executive independence and prerogative.
6 – Philippine Constitution (Notes)
4. Other forms:
(a) Civil government or one in which the affairs of the state
are administered and directed by the citizens or their
representative;
(b) Military government or one established and
administered .by a belligerent in the territory of an enemy
occupied by him;
(c) Constitutional government or one in which the powers
of those who rule are defined and limited in their exercise
by a constitution so as to protect individual rights, and
shield them against the assumption of arbitrary powers;
(d) Despotic. Government or one in which the powers of
those who rule are not defined and limited in their exercise
by a constitution;
(e) Elective government or one in which the state confers
powers of the government upon a person, or an
organization of persons, chosen by qualified voters, and
holding the powers thus conferred for a definite term and
under certain conditions;
(f) Hereditary government or one in which the state confers
the powers of government upon a person, or an
organization composed of persons standing in a certain
family relation to his or their immediate predecessors;
(g) Coordinate government or one in which the state
distributes the powers of government according to their
nature among separate departments or bodies each equally
independent of, but coordinate with the other or others;
(h) Consolidated government or one in which the state
confides all governmental powers to a single body;
(i) De jure government or one which is established
according to the constitution of the state and has the
general support of the people;
(j) De fac to government or one which is not established
according to the existing constitution of the state and is
maintained against the rightful and lawful government;
(k) Revolutionary government or one installed, whether by
force or otherwise, not in accordance with the procedure
prescribed in an existing constitution or legal order; and
(j) Totalitarian government or one in which governmental
powers are concentrated in one man who is the head of the
only one political party, and the existence and power of
which are based on military force.
Purpose and necessity of government.
1) Government exists and should continue to exist for the
benefit of the people governed. It is necessary for the
protection of society and its members, the security of
persons and property, the administration of justice, the
preservation of the state from external danger, and the
advancement of the physical, economic, social and cultural
well-being of the people.
(2) Government exists to do these things which by their
very nature, it is better equipped to administer for the
public welfare than any private individual or group of
individuals.
Traditional classification of governmental functions.
Constituent functions. - They are those which constitute the
very bonds of society and are compulsory in nature,
Ministrant functions. - They are those that are undertaken
only by way of advancing the general interests of society
and are merely optional. The most important of these
functions are public works, public education, public charity,
water supply sewerage service, health and safety
regulations, and regulations of trade and industry.
Classification no longer controlling.
1. Laissez faire principle considered repugnant to philosophy
of previous and present charters. - Under the above
classification, the constituent functions are exercised by the
State as attributes of sovereignty, and not merely to
promote the welfare, progress and prosperity of the people
It is considered repugnant to the philosophy of the 1935
and 1973 Constitutions and more so, of the present Charter.
2. Growing complexities of modern society have rendered
distinction obsolete. - The irrelevance of the distinction,
considering the needs of the times, was pointed out by
Justice (later Chief Justice) Makalintal:
The areas which used to be left to private enterprise and
initiative and which the government was called upon to
enter optionally, and only 'because it was better equipped
to administer for the public welfare than is any private
individual or group of individuals.
Kinds of sovereignty.
(1) As to its aspects. - Sovereignty has two manifestations:
(a) Internal, which is the power of the State to rule within
its territory; and
(b) External, which is the freedom of the State to carry out
its activities without subjection to or control by other
States. External sovereignty is often referred to as
independence.
(2) As to its nature. -A distinction has also been made
between:
7 – Philippine Constitution (Notes)
(a) Legal sovereignty, which is said to pertain to the
unlimited competence of the state to promulgate laws
binding upon all; and
(b) Political sovereignty, which refers to the other sources of
power behind the legal sovereign, particularly public
opinion.
It has been said, however, that "all sovereignty is essentially
legal and you cannot divide what is essentially legal into the
legal and the other-than-legal."
Limitations on the exercise of sovereignty.
Internal and external aspects of sovereignty are not
absolutely true in practice because of the development of
international relations and consequently, of international
law.
1) In international relations, a state, supposed to be
independent, may be dependent economically or militarily
on one or more of the so-called "big powers," and be
subject to continuous interference by other states and even
by international organizations.
(2) The free flow of information, investments, goods and
services in the era of globalization also has had an impact
on the sovereignty of states. It is no longer possible for a
state to autonomously pursue its own goals without any
restraint at all.
(3) The independence of action of a state may be curtailed
by its own consent, such as by treaty.
Legal or juristic concept of sovereignty.
1) The equivalent of legal omnipotence. - As a legal or
juristic concept, sovereignty is identified with absolute legal
omnipotence residing in the state considered as a juridical
person.
(2) A purely juristic idea. - But the conception of legal
omnipotence of sovereignty is a purely juristic idea and "in
no way implies that the actual power of the state has no
limits or those who control or influence the policies of the
state may disregard the obligations which ethical justice and
right impose." 19 The sovereign is not entirely free from
limitation.
Sovereignty under our Constitution.
The concept of constitution here is important and as
applied especially to constitutional states, a distinction
should be made between the possession of sovereignty and
the exercise of sovereignty.
Sovereignty itself always resides in and remains with the
state as a legal entity while its exercise is delegated, as a
rule, to the government or its organs which cannot
transgress constitutional restrictions. The Constitution
states: "Sovereignty resides in the people and all
government authority emanates from them.
While sovereignty lies in the state and the state has
absolute legal competence, the government must abide by
and submit to the commands of the Constitution which is
the expression of the sovereign will of the state itself.
Existence of sovereignty, a question of fact.
From the distinction between possession of sovereignty and
exercise of sovereignty, it is evident that the existence or
non-existence of sovereignty is, strictly speaking, more a
question of fact rather than of law.
(1) Suspension of political laws. - It may happen that the
sovereign is unable to actually enforce its commands.
During a belligerent occupation, for instance, the political
laws, particularly the Constitution of the occupied territory,
insofar as its civilian inhabitants are concerned, cease to be
effective
(2) Change of sovereignty. - Where there is a change of
sovereignty, the political laws are not merely suspended;
they are ipso facto abrogated unless they are adopted or re-
enacted by some affirmative act of the new sovereign.
In any case, sovereignty itself is not deemed suspended.
Essential characteristics of sovereignty.
1) Absoluteness. -This imports the idea of legal
omnipotence. Within the state, there is no other power that
possesses equal or superior authority to it. From this flows
another quality: exclusiveness. Being the source of law, it
cannot be restrained by law.
(2) Comprehensiveness. -Sovereignty extends to all the
persons, property, and organizations within the boundaries
of the state. The political control exercised by the state over
persons and things is known as jurisdiction. 21 Another
term used is imperium. It is to be distinguished from
dominium which is the power or right of the state to
become an owner of property.
(3) Permanence. - Sovereignty, being an inherent attribute
of the state, exists as long as the state exists.
(4) Indivisibility. - This characteristic proceeds from the fact
that sovereignty resides in the state as a single unit. There
can be no two supreme powers in a state. Sovereignty is not
the sum total of the powers of the state such as police
power, taxation, and eminent domain nor is it the aggregate
of the functions of the state, such as the legislative,
executive, and judicial functions.
(5) Inalienability. - This quality proceeds from the state's
attribute of legal omnipotence. While the exercise of
8 – Philippine Constitution (Notes)
sovereignty may be delegated, the possession is not
delegable. The reason is quite obvious. For a state to
transfer its sovereignty to another state or entity is to
destroy itself.
Auto-limitation of sovereignty.
(1) Fundamental principle of jurisdiction. - "Nothing is better
settled than that the Philippines being independent and
sovereign, its authority may be exercised over its entire
domain.
(2) Self-imposed restriction of jurisdictional powers. - "It is
to be admitted that any state may, by its consent, express or
implied, submit to a restriction of its sovereign rights. That
is the concept of sovereignty as auto-limitation, which is the
property of a state-force due to which it has the exclusive
capacity of legal self-determination and self-restriction. A
state then, if it chooses to, may refrain from the exercise of
what otherwise is illimitable competence."
(3) Effects of self-imposed restrictions. - "Its laws may, as to
some persons found within its territory, no ·1onger control.
Nor does the matter end there. It is not precluded from
allowing another power to participate in the exercise of
jurisdictional right over certain portions of its territory.
(4) Jurisdiction over embassy premises. - "Not even the
embassy premises of a foreign power are to be considered
outside the territorial domain of the host State.
All exceptions, therefore, to the full and complete power of
a nation within its own territories, must be traced up to the
consent of the nation itself.
Doctrine of parens patriae.
1) Concept. - Parens patriae means parent or guardian of
the country. The doctrine has been defined as the inherent
power and authority of the State, whether through the
legislature or a royal person, to provide protection to the
persons and property of those persons who are non sui juris
such as minors, insane, and incompetent persons. Thus, the
State is considered the parens patriae of such classes of
persons who are incapable of protecting themselves.
(2) Constitutional provisions. - The Constitution contains in
Article II (Declaration of Principles and State Policies) and
elsewhere provisions imposing certain duties upon the
State as parens patriae, such as to adopt policies that/4ill
free the people from poverty, to promote social justice, to
protect and strengthen the family as a basic autonomous
social institution, to protect the life of the mother and the
life of the unborn, to support the parents in the rearing of
the youth for civic efficiency and the development of moral
character, to promote the well-being of the youth, to insure
the fundamental equality of women with men, to protect
and promote the health of the people, to protect the rights
of workers and promote their welfare, and to promote the Phil. 949 [1958].) as the right to prohibit and
rights of indigenous cultural communities. prevent their entry into the country.
(c) Congress may, however, limit the grounds for
(3) Dispute involves mother and uncle of minor. - In a case deportation to specified causes as it would be
involving a dispute between the mother and the uncle of a undemocratic to make the deportation of an alien
minor over the possession and administration of the dependent merely on the unlimited discretion of
proceeds of an insurance policy belonging to the child, the the President.
Supreme Court, in upholding the decision of the lower court
in favour of the mother to be the trustee of the insurance 3) The act of state doctrine is one of the methods by States
proceeds left by the father who had expressly designated to prevent their national courts from deciding disputes
the uncle, which relate to their national affairs of another state, the
other two being immunity and non-justifiability.
(4) Cases involving minors. - Where minors are involved, the
State acts as parens patriae. To it is cast the duty of
protecting the rights of persons or individuals, who,
because of age or incapacity. are in an unfavorable position,
vis-a-vis other parties. . Unable as they are to take due care
of what concerns them, they have the political community
to look after their welfare. This obligation, the state must
live up to.

(5) Duty of court to do substantial justice to all parties. - In

another case, however, where the trial court granted (six [6]
months after the perfection of the appeal) the motion for
the execution, pending appeal, of a judgment ordering the
payment by the father of monthly allowance for support of
his two (2) illegitimate children, the Supreme Court found
the appeal of the father meritorious because the trial court,
after the perfection of the appeal, had lost jurisdiction over
the case, and the general rule is that an appeal stays the
execution.

Acts of State.

An act of state is an act done by the state in the exercise of

sovereign power, acting through its government or its
delegate within the limits of the power vested in him.

(1) In its broad sense, it refers to political acts of the

government, such as the recognition of a newly established
foreign state or government and the fixing of boundaries -
matters which are within the control of the political
department of the government and are not subject to
judicial review.

(2) In a more restricted sense, it refers to any act done by or

under the authority of the sovereign power affecting aliens.

(a) As an act of the state, the power to deport aliens is

lodged in the President who is given full discretion
to determine whether the continued stay of an
alien within the country is so undesirable as to
affect or injure the security, welfare, or interest of
the state (Tan Tong vs. Deportation Board, 96 Phil.
934 [1955].), subject to the requirements of due
process.
(b) The right of a country to expel or deport
undesirable aliens is absolute and unqualified (Tiu
Chun Hai vs. Commissioner of Immigration, 104

9 – Philippine Constitution (Notes)


D. THE GOVERNMENT OF THE PHILIPPINES IN TRANSITION
The Pre-Spanish government.
Prior to the arrival of the Spaniards, the Philippines was
composed of settlements or villages, each called barangay.
Every barangay was virtually a state, for it possessed the
four basic elements of statehood.
Each barangay was ruled by a chief called datu in some
places, and rajah, sultan, or hadji in others. He was its chief
executive, lawgiver, chief judge, and military head. In form,
the barangay was a monarchy with the datu as the
monarch.
Government during the Spanish period.
Spain's title to the Philippines was based on the discovery
made by Ferdinand Magellan in 1521, consummated by its
conquest by Miguel Lopez de Legazpi forty-five years later
and long possession for almost four centuries, until it was
terminated in 1898, when by the Treaty of Paris, the
Philippines was ceded by Spain to the United States.
(1) Union of church and state. -From 1565 to 1821, the
Philippines was indirectly governed by the King of Spain
through Mexico. From 1821 when Mexico obtained her
independence from Spain, to 1898, the Philippines was
ruled directly from Spain.
(2) Central and local governments. - The government which
Spain established in the Philippines was centralized in
structure and national in scope. The barangays were
consolidated into towns (pueblos), each headed by a
gobernadorcillo (little governor), popularly called Capitan,
and the towns into provinces, each headed by a governor
who represented the Governor-General in the province.
Cities governed under special charters were also created.
(3) Governor-General. - The powers of the central
government were actually exercised by the Governor-
General who was appointed initially by the Viceroy of
Mexico and later by the King of Spain. He was "Governor-
General," "Captain General," "viceroyal patron," and
President of the Royal Audiencia. As GovernorGeneral, he
had executive, administrative, legislative, and judicial
powers. As Captain-General, he was Commander-in-Chief of
all the military forces in the Philippines. As the vice-royal
patron, he exercised certain religious powers.
10 – Philippine Constitution (Notes)
(4) Judiciary. - The Royal Audiencia which was established in
1583 was the Supreme Court of the Philippines during the
Spanish times. Its decision was final except on certain cases
of great importance which could be appealed to the King of
Spain. Below the Royal Audiencia, were two Territorial
Audiencias established in 1893 - one in Cebu and the other
in Vigan - which exercised appellate jurisdiction over
criminal cases coming from the surrounding areas.
Governments during the revolutionary era.
(1) The Katipunan government. - The Katipunan was the
secret society that precipitated the revolution against Spain
on August 26, 1896. It was organized by Andres Bonifacio.
(2) The Biak-na-Bato Republic. -On November 1, 1897, a
republic was established by Gen. Aguinaldo in Biak-na-Bato
(now San Miguel de Mayumo, Bulacan). It had a
constitution which was to take effect for two years only. The
Biak-na-Bato Republic lasted u p to December 15, 1897,
with the conclusion of the "Pact of Biak-na-Bato."
(3) The Dictatorial Government. - Following the outbreak of
the Spanish-American war on April 25, 1898, Gen.
Aguinaldo, in view of the chaotic conditions in the country,
established the Dictatorial Government on May 24, 1898.
The most important achievements of the Dictatorial
Government were the Proclamation of Philippine
Independence at Kawit on June 12, 1898 and the
reorganization of local governments.
(4) The Revolutionary Government. - On June 23, 1898,
Gen. Aguinaldo established the Revolutionary Government
which replaced the Dictatorial Government.
(5) The First Philippine Republic. - On September 15, 1898, a
revolutionary Congress of Filipino representatives met in
Malolos, Bulacan and framed the so-called Malolos
Constitution. The Constitution established a "free and
independent Philippine Republic" which was inaugurated
on January 23, 1899 with Gen. Aguinaldo as President.1 Our
First Philippine Republic was not recognized by the family of
nations. It existed from January 23, 1899 to March 23, 1901.
In February 1899, the United States annexed the Philippines
as a result of the Spanish-American War and in April 1901,
Gen. Aguinaldo was captured.
Governments during the American regime.
(1) The Military Government. - The American military rule in
the Philippines began on April 14, 1898, the day after the
capture of Manila. The existence of war gave the President
of the United States the power to establish a Military
Government in the Philippines, as Commander-in-Chief of
all Armed Forces of the United States.
(2) The Civil Government. - Pursuant to the so-called
Spooner Amendment (on the army appropriations act
passed in the U.S. Congress on March 3, 1901) which ended
the military regime in the Philippines, the Civil Government
was inaugurated in Manila on July 4, 1901, headed by a Civil
Governor whose position was created on October 29, 1901.
(3) The Commonwealth Government of the Philippines. -
The next stage in the political development of the Filipinos
was the establishment of the Commonwealth Government
of the Philippines pursuant to an act of the United States
Congress on March 24, 1934, commonly known as the
Tydings-McDuffle Law.
Governments during the Japanese occupation.
(1) The Japanese Military Administration. - It was
established in Manila on January 3, 1942, one day after its
occupation.
(2) The Philippine Executive Commission. - A civil
government known as the "Philippine Executive
Commission" composed of Filipinos, headed by a Chairman,
was organized by the military forces of occupation. The
members of the Commission, called Commissioners, in
effect functioned as cabinet members.
(3) The Japanese-sponsored Republic of the Philippines. -
On October 14, 1943, the so-called Japanese-sponsored
Republic of the Philippines was inaugurated with Jose P.
Laurel as President.
The previous Philippine Republics.
The first Republic was established on January 23, 1899
under the Malolos Constitution; the Second, on October 14,
1943 under the Japanese-sponsored Constitution, and the
Third, on July 4, 1946 under the 1935 Constitution.
President Ferdinand E. Marcos, in his inaugural address on
June 30, 1981, proclaimed the birth of what he referred to
as the Fourth Republic4 under the 1973 Constitution which,
as amended in a plebiscite on April 7, 1981, installed a
modified parliamentary system of government.
All in all, there were nine Presidents5 .in the previous three
(3) republics, including President Marcos in his two (2)
terms in the Third Republic.
The Republic of the Philippines was formally inaugurated on
July 4, 1946 with Manuel A. Roxas as the first President and
Elpidio Quirino as the first VicePresident. Roxas and Quirino
also served from May 28, 1946 to July 4, 1946 as the last
Commonwealth President and Vice-President, ·respectively.
The present Republic came into being upon the ratification
of the 1987 Constitution on January 2, 1987.
Establishment of the Provisional Government of 1986
11 – Philippine Constitution (Notes)
Before Corazon C. Aquino took her Oath of Office on the
morning of February 25, 1986 at Club Filipino, San Juan,
Metro Manila, the last day of a four-day "people power"
revolt (Feb. 22- 25) that culminated in the ouster and
subsequent exile to Hawaii of incumbent President
Ferdinand E. Marcos, she read Proclamation No. 1 wherein
she declared that she and her Vice-President were "taking
power in the name and by the will of the Filipino people as
President and Vice-President, respectively,"
This new Government of the Philippines came to power not
through the method or mechanism outlined by the 1973
Constitution_ for determining the winners in the special
presidential elect10n held on February 7, 1986. This is
explicitly indicated in the first ~o "whereas" clauses of
Proclamation No. 3 (March 25, 1986) which state 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 of the Philippines" and that this "heroic
action of the people was done in defiance of the provisions
of the 1973 Constitution, as amended"; and in the third
which enumerates the measures "the direct mandate of the
people as manifested by their sovereign action demands" of
the government to undertake.
Nature of the Provisional Government.
(1) Revolutionary and transitory. -A revolutionary
government is one instituted not in accordance with the
procedure provided in an existing Constitution or political
system, nullifying or replacing the same, usually effected by
a revolution or general uprising or at least with violence or
some acts of violence.
(2) De jurelde facto. - The first is one constituted or founded
in accordance with the existing constitution of the state
(according to law), while the other is not so constituted or
founded but has the general support of the people and
effective control of the territory over which it exercises its
powers.
A de facto government acquires a de jure status when it
gains wide acceptance from the people and recognition
from the community of nations. There was no question that
the revolutionary government had won continuous public
acceptance and support without any resistance whatsoever
anywhere in the Philippines and the recognition of
practically all foreign governments.
(3) Constitutional. - Be that as it may, the issuance of
Proclamation No. 3 by the President promulgating the
Provisional Constitution of the Republic of the Philippine~
"by virtue of the powers vested in me by the sovereign
mandate of the people" abrogated the 1973 Constitution ~d
set at rest any doubts as to the legitimacy and
constitutionality of the provisional government.
(4) Democratic. - The provisional government was claimed
to be democratic because it was installed by direct action of
the people as a direct expression or manifestation of their
sovereign will, and, therefore, it was based on the consent
of the governed and the approval of the people.
(5, Constitutional and revolutionary at the same time. - The
provisional government was not a purely revolutionary one
but a hybrid constitutional revolutionary government, i.e., a
revolutionary government governing under a provisional or
interim Constitution the people could invoke to protect
their rights and to promote their welfare, to exist for a
limited period until the ratification and effectivity of a
permanent Constitution.
The Provisional Constitution.
(1) Replaced 1973 Constitution. -Instead of declaring the
1973 Constitution with certain amendments minus certain
articles and provisions, as the interim Constitution,
Proclamation No. 3 promulgated a Provisional Constitution
to replace the former:
(a) Adopting in toto or insofar as they are not
inconsistent with the provisions of the
Proclamation, the provisions of the Articles of the
1973 Constitution enumerated in Sections 1 and 2
of Article I of the Provisional Constitution;
(b) Superseding the provisions of the Articles14 of the
1973 Constitution mentioned in Section 3 of
Article I of the Provisional Constitution.
2) Subject to legislative power of President. - Under Article
II, Section 1 of the Provisional Constituti9n, the President
shall exercise legislative power "until a legislature is elected
and convened under a new Constitution."
(3) Intended to be transitory. - By its very nature, the
Provisional Constitution (as well as the revolutionary
government which operated under it) self-destruct upon
the ratification and effectivity of the new Constitution on
February 2, 1987.
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.
Meaning of Preamble.
12 – Philippine Constitution (Notes)
The term preamble is derived from the Latin word
preambulare which means "to walk before."1 It is an
introduction to the main subject: It is the prologue of the
Constitution.
Preamble not essential in a constitution.
Technically speaking, the Preamble forms no integral part of
the Constitution. Of itself alone, it cannot be invoked as a
source of private right enforceable by the courts or of any
governmental power not expressly granted or at least
clearly implied therefrom, since its function is only to
"introduce" the Constitution.
Object and value of Preamble
(1) Sets down origin and purposes of the Constitution. -
While a preamble is not a necessary part of a constitution,
it is advisable to have one. In the case of the Constitution of
the Philippines, it serves two (2) very important ends:
(a) It indicates who are the authors of the Constitution and
for whom it has been promulgated; and
(b) It enumerates the primary purposes which are intended
to be achieved by the Constitution and the government
established under it, and declares certain basic principles
underlying the fundamental charter.
(2) May serve as an aid in its interpretation. - The Preamble
has a value for purposes of construction. The statement of
the· general purposes may be resorted to as an aid .in
determining the meaning of vague or ambiguous provisions
of the Constitution proper and in their correct
interpretation.
Source of Constitution's authority.
(1) The Filipino people. - The Preamble begins and ends with
the words, "We, the sovereign Filipino people, imploring
the aid of Almighty God x x x do ordain and promulgate this
Constitution." Thus, the Filipino people themselves (not just
their representatives) are the source from which the
Constitution comes and being so, it is the supreme law of
the land.
(2) A sovereign people. - The more forceful first person
approach in the 1973 Constitution consisting of the use of
the pronouns "we" and "our" has also been retained
instead of the impersonal third person approach (i.e., "the
Filipino people" and "their") in the Preamble of the 1935
Constitution.
Belief in God stressed.
Our Preamble is in the form of a collective prayer. The
Filipinos are basically religious people. In imploring the aid
of Almighty God, they declare and affirm their belief in the
existence of a universal Supreme Being that guides the
destinies of men and nations.

Meaning of people as used in the Constitution.
The word "people" appears in our Constitution several
times. It is to be construed in the light of the context in
which it is used.
(1) Citizens. - It may refer to the citizens of the Philippines.
Thus, this is the sense which the term has in the Preamble,
and in the declaration that "sovereignty resides in the
people".
(2) Inhabitants. - It may mean the entire body of
inhabitants, citizens and aliens alike, in our country. This is
the sense of the term in the provisions which require the
Congress "to give highest priority to the enactment of
measures that protect and enhance the right of all the
people to human dignity.
(3) Voters. - It may have reference only to the voters as in
Section 25 of Article XVIII which states the requirements for
the continued use of U.S. military bases in the Philippines
beyond 1991. It provides that "when the Congress so
requires, the treaty allowing military bases must be ratified
by a majority of the votes cast by the people in a
referendum held for the purpose
National purposes and aims in adopting the Constitution.
As set forth in the Preamble, they are:
(1) To build a just and humane society; and
(2) To establish a Government that shall:
(a) Embody our ideals and aspirations;
(b) Promote the common good;
(c) Conserve and develop our patrimony; and
(d) 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.
The things mentioned in (b), (c), and (d) are actually
included in (a), but they are enumerated to emphasize in
clear and specific terms the basic ideals and aspirations that
we cherish as a people.
Changes in the Preamble.
The Preamble, consisting of 75 words is one of the world's
longest preambles. It has 15 words more than that 9f the
1973 Constitution. It is substantially that of the 1973
Constitution which, in tum, was based on the Preamble of
the 1935 Constitution.
1) The phrase "Almighty God" replaced "Divine Providence"
in the 1935 and 1973 Constitutions, which was considered
vague and impersonal.
(2) "Common good" is used to refer to all the people in
place of "general welfare" which is not as inclusive as it
admits of exceptions and may be interpreted to refer only
13 – Philippine Constitution (Notes)
to the welfare of the greater majority_ (even to the great
prejudice of the minority).
(3) "Our" is used instead of "the" before "patrimony" for
greater emphasis; and "freedom" in lieu of "liberty"
because the latter word does not cover freedom from want,
fear, and ignorance.
(4) Other amendments are the insertion of the phrases and
words:
(a) "to build a just and humane society," to stress that
in ordaining and promulgating the Constitution,
(b) "The rule of law" (see Art. II, Sec. 1.), the
Constitutional Commission apparently having in
mind the country's experience of authoritarian rule
under the Marcos' regime which had been
accused, among others, of human rights violations,
electoral frauds and terrorism, suppression of
dissent, and abuse of his decree-making power;
(c) "aspirations," to stand for the unrealized dreams of
the nation as distinguished from "ideals" which
refer to accepted norms and principles;
(d) "truth," to emphasize the need for transparency
and accountability in the conduct of public affairs;
and
(e) "love," as a directive principle of the Preamble
together with truth, justice, freedom, equality and
peace.
(5) The word "independence" in the 1935 text of the
Preamble (which was almost an exact reproduction of the
Preamble of the U.S. Constitution except for some
alterations in phraseology) was changed to "democracy" in
the 1973 Constitution for the reason that the term denotes
the idea of a colonial status (which was existing at the time
of the adoption of the 1935 Constitution), and it is long
after 1946 when the Philippines had become legally
independent from the United States
6) The words "peace" and "equality" were inserted in the
1973 Constitution in view of the turbulence and the waves
of protest against "basic social and economic inequalities"
then prevailing in the country at the time of the framing of
the same.
(a) The Constitution is speaking of domestic peace,
and it exists not merely when there is absence of
hostilities, armed conflicts, or lawlessness.
(b) Equality among individuals regardless of one's
station in life is one of the fundamental tenets of
democracy. (Art. III, Sec. 1.) Thus, the idea which
"equality" signifies is already embodied in the term
"democracy.
--o0o—
ARTICLE I
NATIONAL TERRITORY