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Consti I Review
Consti I Review
Political Law deals with organization and operations of governmental organs and
defines the relations of the State with the inhabitants of its territory. [People v.
Perfecto (1922)]
Constitutional Law is the law embodied in the Constitution and the legal principles
growing out of the interpretation and application of its provisions by the courts in
specific cases.
The Constitution is a document which serves as the fundamental law of the state;
that written instrument enacted by the direct action of the people by which the
fundamental powers of the government are established, limited and defined.
[Malcolm, Phil. Const. Law]
February 2, 1987, the date of the plebiscite, and not on the date its ratification was
proclaimed. [De Leon v. Esguerra (1987)]
(1) Verba legis (give words their ordinary meaning) (2) Ratio legis est anima (intent
of the framers)
(3) Ut magis valeat quam pereat (interpret as a whole)
An addition or change within the lines of the original constitution; adds, reduces or
deletes without altering the basic principles involved; affects only the specific
provision being amended. [Lambino v. COMELEC (2006)]
A change that alters a basic principle in the constitution; alters the substantial
entirety of the constitution. [Id.] The 1987 Constitution allows people’s initiative
only for the purpose of amending, not revising, the Constitution.[Id.]
(1) Quantitative test: Examines only number of provisions affected, not the degree
of the change.
(2) Qualitative test: Inquires into the qualitative effects of the proposed change in
the constitution, i.e. whether the change will “accomplish such far reaching changes
in the nature of our basic governmental plan as to amount to a revision.” [Id.]
Syep 2. Ratification – the proposed amendment shall be submitted to the people and
shall be deemed ratified by the majority of the votes cast in a plebiscite, held not
earlier than 60 days nor later than 90 days:
(a) After approval of the proposal by Congress or ConCon;
(b) After certification by the COMELEC of sufficiency of petition of the people.
The validity of the process of amendment is not a political question because the
Court must review if constitutional processes were followed; the issue is manner
not wisdom. [See Lambino]
Same as amendments in all respects except that it cannot be proposed via a People’s
Initiative. [See Lambino, supra]
Provisions which are complete in themselves and do not need enabling legislation
for their operation; judicially enforceable per se.[Manila Prince Hotel v. GSIS
(1997)].
Exception: Statements of general principles, such as those in Art. II, are usually not
self- executing.
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.
A body of water studded with islands, or the islands surrounded with water, is
viewed as a unity of islands and waters together forming one integrated unit. [N.B.
Embodied in Art. II.]
#4. State
A suit is against the State regardless of who is named the defendant if:
1. Whenintendedtocompelperformanceofaministerialduty.
[Begosov.PVA(1970)]
2. Whenapublicofficersuedinhisprivatecapacity
3. When the action is not in personam with the government as the
named defendant, but an action in rem that does not name the
government in particular.
The express consent of the state is effected only by the will of the legislature
through the medium of a duly enacted statute; may be embodied either in a general
law or a special law.
The express consent through general law authorizes any person who meets the
conditions stated in the law to sue the government in accordance with the procedure
in the law (e.g. Act No. 3083; Civil Code, art. 2180(6), 2189)
As to the vicarious liability under CC, Art. 2180(6): The Government is only liable
for the acts of its agents, officers, and employees when they act as special agents,
i.e. receive a definite and fixed order or commission, foreign to the exercise of the
duties of his office. [Merritt v. Gov’t of the Philippine Islands, (1916)]
Express consent in special law may come in the form of a private bill authorizing a
named individual to bring suit on a special claim.
(1) When the State enters into a private contract that is not incidental to a
government function
(3) When the government files a complaint, e.g. defendant may file a counterclaim
against it.
(4) When it would be inequitable for the State to invoke its immunity.
(5) In instances of Eminent Domain when the State takes private property for public
use or purpose.
#10. Separation Powers
The Constitution did not intend the three powers to be absolutely unrestrained and
independent of each other. It has provided for an elaborate system of checks and
balances to secure coordination in the workings of the various departments of the
government. [Angara, supra]
As a general rule, “Delegata potestas non potest delegari” – what has been
delegated can no longer be delegated.
A. Completeness test – the law sets forth the policy to be executed, carried out, or
implemented by the delegate (Abakada, infra), such that there is nothing left for the
delegate to do but to enforce the law [Pelaez v.Auditor General (1965)]
#15. Government
Government of fact, that is, it actually exercises power or control without legal title.
[Co Kim Cham v. Valdes, (1945)]