Dedication (Chapter IV - PREAMBLE, DECLARATION OF PRINCIPLES CONTENTS PARTI POLITICAL LAW (Chapter I - PRELIMINARY CONSIDERATION Nature of the Constitution... Constitution distinguished from Statute Altributes of a good written constitution Purpose of a constitution. Major parts of the constitution. Constitutional construction. Chapter Il - STATE AND ITS CONCEPT Principle of State Continuity. Concept of Association Modes of Acquiring Territory... Kinds of Government . Doctrine of State Immunity Instances when a Suit is Considered as One Against the State, State's Waiver of Immunity Does Not Mean a Concession ofits Liability Immunity of a Foreign State to Local Jurisdiction. (Chapter III - NATIONAL TERRITORY National Tettitory .o-. The Archipelago Doctrine vn Benham Rise (Now Philippine Rise)... AND STATE POLICIES Nature of a Preamble = Declaration of Principles and State Polic State Principles and Policies .. A. Republicanism1. Renunciation of war as an inst of national policy C._Doctrine of Incorporation D. Foreign Policy E, Civilian Supremacy .. F. Separation of Church and State ‘Theories in Separation of Church and State. G. Parens Patriae H. Social Justice 1 J Local Autonomy. Other State Policies. Chapter V - DIVISION, ALLOCATION AND DELEGATION OF POWERS ‘Separation of Powers. Checks and Balance. Blending of Powers Judicial Intervention. Non-Delegation of Powers, Permissible Delegation. ‘Test of Delegation Chapter VI- LEGISLATIVE DEPARTMENT Nature of Congress. ‘The Senate .. ‘Term of Off nn. ‘The House of Representatives. ‘The District Representatives... Term of Office. ‘The Party-List System .. Distinction between Dist Representatives Legislative Apportionment and Gerrymandering Salaries. emaenee Parliamentary Immunities. 1. Immunity from Arrest so. 2. Privilege Speech and Debate Disclosure of Interest . Prohibitions for Members of the Congress. 1) Incompatible and Forbidden Office 2) Other Prohibitions Conluct of Business. Recess or Adjournment 98, 99, 100 102 Quorum. Rules of Proceedings, Discipline of Members Journal and Enrolled Bill Electoral Tribunals Grounds for Termination of Membership in the Electoral Tribunal. ‘Commission on Appointment Jurisdiction of the Commission on Appointments... Constitutional Parameters in Performing, Its Function. Other Limitations on Confirmatory Power Powers of Congress. Limitations on Legislative Power. Process in the Enaetment of Bills. When Does a Bill Become a Law’ Constitutional Guidelines inthe Exercise of Presidential Veto . Power of Appropriation Limitations on the Power of Appropriation .. Inherent Limitations Constitutional Limitations... Doctrine of Augmentation Oversight Powers of Congres Legislative Inquire Limitations on Legislative Investigation ‘Question Hour. ‘Contempt Powers... Power to Delegate Emergency Power . Powers of Congress which are Not Legislative in Nature. ‘Chapter VII - EXECUTIVE DEPARTMENT Qualifications of the President/ Vice-President Manner of Assumption to Office/Term of Office Presidential Privileges ae 1. Official Re Zo Sala ann a 3. Immunity from Suit 4. Presidential Communicat (Executive Privilege) tions, Inhibitions, Disqualifications ‘on Succession (Filling up of Vacancies) '2) Vacancy before the commencement of the presidential term mn Privilege Prohi Rul 102 108 104 105 105 109 109, m0 m mM 112 112 4 116 u7 7 8 18 118 120 1 123 126 127 129 130 130 133 133 135 135 135 136 136 137 40 M40.b) Vacancy during the term of office of the Presider ©) Vacancy in the Office of the Vice President ‘The President's State of Healt! 1) Voluntary Declai 2) Involuntary Declaration of Inability. Powers of the President. 1) Executive and Administrative Powers in General. 2) Power of Appointment and Removal Distinctions: a) Appointment from Designation. b) Permanent Appointment from ‘Temporary Appointment ©) Regular Appointment from Ad th. ion of Inability. Interim Appointment. Officials Subject to Appointing Power of the President. Limitations on the President's Power to Appoint... Power of Removal 3) Power of Control and Super 4) Military Power.. of the Presid Distinctions between Pardon and Amnesty . 6) Diplomatic Power... tions on the Exercise of Mil a) Legislative Check b) Judicial Check 5) _ Pardoning Power (Executive Clemency). Limitations of the Pardoning Power lent Distinction between a Treaty and Executive Agreement . 7) Delegated Powers 8) Power to Contract Loan (Borrowing Power) 9) Residual Power. 10) Other Powers ‘The Power of Augmentation. Chapter VIII— JUDICIAL DEPAI Judicial Independence .. RTMENT. Limitation on the Power of Congress Judicial Restraint.. ut 12 142 142 43. 143, 43, 4 15 145 168 170 173 174 176 Political Question distinguished from Justiciable Question... Distinction of Judicial Power; Judicial Review; and Judicial Inquiry... Constitutional Basis of Judicial Review Functions of Judicial Review. ites of Judicial Review. - ence of actual case or controversy. Moot Question 2) The issue must be raised by the proper party.. 3) Must be raised at the earliest possible time. 4) Must be necessary for the final determinati Requi ) B of the cas Appointments to the Judiciary. Removal from Office ‘The Judicial and Bar Council. Powers of the Supreme Court. ‘Meaning of Jurisdiction .. Kinds of Jurisdiction. Original Jurisdiction Rule Making Power. Negeene and Personnel, Prohibitions, How Cases are Hea y the: Jurisdiction of Supreme Court En Bane Principle of Hierarchy of Courts Process of Rendering, Decisions. Submission of Annual Report. (Other Important Doctrines and Principles a) Principle of Stare Decisis . b) Doctrine of Relative Constitutionality Appellate Jurisdiction ... ‘Temporary Assignment of Judges (Order a Change of Venwe..... Power to Appoint Personnel. Administrative Supervision over Courts ©) Operative Fact Doctrine Chapter IX- CONSTITUTIONAL COMMISSION The Constitutional Commissions ‘Term of Office Decisions. 176 210 213 215nission (CSC) Jurisdiction of the Commissions Composition and Qua Basis of Appointment in the Civil Service Next-in-Rank Rule... Distinctions between a Career and a Non-Carcer | Position... Nature of Temporary Appointment. Abolition of Office... a Rights of Government Employees -.00---. Prohibitions on Government Employees Other Important Constitutional Provisions, ‘The Commission on Elections (COMELEC). Powers of Comelee Contempt Powers : . Supervision /Regulation of Franchises and Permits Grants, Special Privileges and Concessions. Prohibition on Block-Voting. ‘The Commission on Audit. ‘Composition and Qualifications Nature and Scope of Powers. Duty to Submit Annual Report (Chapter X- LOCAL GOVERNMENT. Principle of Local Autonomy ‘The Local Government Code. Manner of Creation of Local Government Units Supervisory Powers over Local Government Unit. Powers of Local Government Units... Police Power... Eminent Domain... Taxing Power nn Term of Office of Elective Local Officials. Local Legislative Bodies (Chapter XI - ACCOUNTABILITY OF PUBLIC OFFICERS, Modes of Acquiring Title to Public Office. Moke ee Kia ok Apnea 1. Permanent 2. Temporary .. 3. Regular Appointment 4. Ad interim Appointment Requirements for Public Offic 246 247 248 249 249 252 254 256 257 260 262 262 263, 263 264 267 269 269 269 269 269 269 270 Disabilities and Inhibitions of Public Officers Other Prohibitions Imposed on Public Officers Powers and Duties of Public Office Immunity of Public Officers ‘sol Public Officers Impeachment. Steps in the Impeachment Process ‘One-Year Bar Rule Effects of Conviction in Impeachment. ‘The Ombudsman. Scope of Powers of the Ombudsman. Disqualifications and Inhibitions of the Ombudsman .. (Qualifications, Manner of Appointment, Rank and Term of Office Recovery of Ill-gotten Wealth The Sandiganb: Other Important Provisions. (Chapter XII - NATIONAL ECONOMY AND PATRIMONY Goals of National Economy... Regalian Doctrine Classification of Lands - Limitations in the Disposition of Public Lands Means by which Lands of the Public Domain may become Private Land : : Protection of Indigenous Cultural Communities to their Ancestral Lands Private Lands... Nationalist/ Citizenship Requirement on Certain Investments : Protection of Filipino Enterprises and Filipino First Policy z Exploration, Development and Utilization of Natural Resources. Franchises, Authority and Certificates for Public Utilities. Practice of Profession : Organization and Regulations of Cooperatives and Corporations... Government Take-Over of Business or Indust Monopolies, Restraint of Trade, and Unfair Competi Creation of Central Monetary Authority 288 289 290 291 298 2a 293, 294 296 297 298, 303, 304Chapter XIII - SOCIAL JUSTICE AND HUMAN R) Social Justice. Lab OF nnn Agrarian Reform. Urban Land Reform and Housing, Health. me Women . Role and Rights of People's Organizations - Human Rights. Chapter XIV - EDUCATION, SCIENCE and TECHNOLOGY, ARTS, CULTURE and SPORTS Education. Academic Freedom Language Science and Technology. Arts and Culture. Sports (Chapter XV ~ THE FAMILY Chapter XVI - GENERAL PROVISIONS Symbols of N State Immunity Armed Forces of the Philippines... Police Force War Veterans. ‘ Pension and Benefits ‘Consumer Protection Development of Filipino Capability; Communication Structures... Other Nationalized Activities Consultative Body on Indigenous Cultural Community jonality PART Il — CONSTITUTIONAL LAW Chapter XV! — FUNDAMENTAL POWERS OF THE STATE int Powers of the State Powers Similarities of the Inhe Distinctions 0 Police Power. Who Exercise Police Power Tests for the Validity of Po 312 313, 313, 315. 315 316 316 317 320 324 225 325, 326 a7 336 336 337 338 339 nent Domain. Expropriation Proceeding; Requisites of a Valid Taking, What Constitutes Taking, What Constitutes Public Use, Just Compensation... Effect of Non-Payment of Just Compensation. Entry to the Property Prior to Payment ‘of Just Compensation nun RAB974... Exercise of Expropriation by Local Government Units Taxation Attributes of Taxatio Taxes... ‘Taxation Distinguished form License Fee Purpose and Objectives of Taxation Inherent Limitations on the Taxing Power.. Constitutional Limitations. ‘Taxing Power of Local Government Units.. Other Important Principles on Taxation Uniformity in Taxation .. Equitable Rule in Taxation Progressivity in Taxation Double Taxation ‘Tax Exemptions (Chapter XVIII - BILL OF RIGHTS. Preliminaries... Due Process and Equal Protection Meaning of if Liberty and Property Hierarchy of Rights Duse Process nse " Aspects of Due Process... Notice and Opportunity to be Heard. Void for Vagueness Doctrine.. Over-breadth Doctrine. Equal Protection Review of Laws. Right to Privacy... Provisions and Laws on Right to Privacy ... Right against Unreasonable Searches and Seizures Warrant of Arrest and Search Warrant Requisites of a Valid Warrant. 350 350 363Warrantless Arrest Warrantless Searches. Other Administrative Searches and Arrest. Privacy of Communication and Correspondence Anti-Wire Tapping Act. Writ of Habeas Data Facial Challenge Exclusionary Rule... Freedom of Expression wn. Tests to Determine When Right May Be Suppressed Kinds of Restrictions on Freedom of Speech ‘Appropriate Tests for Each Restriction... Regulations on Mass Media Captive Audience Doctrine Doctrine of Fair Comment. Commercial Speech Freedom of Assembly Freedom of Religion Non-establishment Clause, Free Exercise Clause ‘Two Aspects of Free Bxerc Determinative Tests Religious Solicitations Conscientious Objector Test... Liberty of Abode and Right to Travel Freedom of Movement... Grounds to Impair Right to Travel Right to Information Right to Form Associations Non-Impairment of Contracts Limitations. Legal Assistance and Free Access to Courts Litigation in Forma Pauperis Rights of Persons under Custodial Investigation Raght to Counsel during Custodial Investigation Extrajudicial Confession . Right to Bail ‘Standards for Fixing Amount of Bail Bail and Habeas Corpus Distinguished. When Mandatory Hearing is Required Rights of the Accused Criminal Due Process on Rights of the Accused during Trial cise of Religion — CE, 281 385, 398 39 403, 405 406 407 408 412 a4 16 416 416 417 418. 419 420 420 23 424 424 431 435 435 435 436 438 447 451 452 452 453, 455, 459 461 465 469, 469 470 471 42 473 1) Right tobe b) ° resumed Innocent 473, i to be Heard by Himself and Counsel me 476 Ito be Informed of Nature and Cause of Accusation 480 ) Right to Speedy, Impartial and Public Trial... 481 ©) Right to Meet the Witnesses Face-t0-Face.wum 485 A) Right to Compulsory Proces cs 489 3) Right to be Present - 489 Privilege of the Writ of Habeas Corpus. 490 Writ of Amparo 493 Distinction between Amparo and Habeas Corpus. 498 Right to Speedy Disposition of Cases 499 Right Against Self-Incrimination.. 500 When Right Available... 501 Right Against Involuntary Servitude .. 506 Right Against Excessive Fines and Cruel Punishments. 507 Proper Treatment of Persons Legally Detained or Imprisoned... 509 Right Against Imprisonment for Debt. 510 Right Against Double Jeopardy... su Other instances when Double Jeopardy may be invoked! 517 Doctrine of Supervening Event. on 518, Right Against Ex-Post Facto Law and Bill of Attainder..... 519 Ex Post Facto Law 519 Bill of Attainder...A 520 Cha pter XIX - CITIZENSHIP Modes of Acquiring Citizenship izens of the Philippines Naturalized Citizen Modes of Naturalization Qualifications for Naturalization. Disqualifications. Acquisition of Philippine Married to a Filipino. Denaturalization... Lost and Reacquisition of Citizenship, Reacquisition of Citizenship. Repatriation Republic Act No. 9225... Republic Act No. 8171 Dual Allegiance and DualLimitation on Dual Citizenship 519 Doctrine of Res Judicata 549) Chapter XX - SUFFRAGI Qualifiations forthe Exercise of Sutrage 551 Disqualification. eon 552 Procedural Qualifications. 553 Double Registration 553 Absentee Voting. 553 Disqualification from Voting under Absentee Voting Act Manner of Voting under Absente Voting "Act... Counting and Canvassing of Votes... System of Continuing Registration. Right to Vote of Disabled and Illiterate... 558 (Chapter XXI- AMENDMENT AND REVISION Manner of Changing the Constitution... 560 a) Proposal : 560 b) Ratification... 561 Initiative. ae ccen tSeT Rule on Local Initiative es BA Limitations on Local Initiative ..n. 563 Referendum 563 Prohibited Subjects on Initiative and Referendum, 63 ‘Tests to Determine whether Amendment or Revision. 564 Table of Cass . on PARTI POLITICAL LAWChapter | PRELIMINARY CONSIDERATIONS “The Constitution is the highest law of the land. It is the basic and paramount law to which all other laws must conform Nature of the Constitution ‘The Constitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. Justice Malcolm defines it as “a written enactment by the direct action of the people by which the fundamental ywers of the government are established, defined, and limited and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.” The people established the Constitution in their original sovereign capacity, to promote their own happiness and permanently to secure their rights, property, independence, and common welfare. It embodies the primordial definition of powers of the state, the rights of its citizens and the norms that govern all other laws. It is binding on all individual citizens and all organs of the government. It is therefore the fundamental charter drafted to proclaim the dreams and aspirations of the people. Itis a basic postulate that the Constitution is the supreme Jaw of the land to which all statutes must conform. As one author puts it, it is the king of all man-made laws and upon which all other "Sabi vs: Gordon, GR. No. 174340, October 17,2006 3‘ POLITICAL AND CONSTITUTIONAL LAW FOR STUDENTS, BARRISTERS de LAWYERS, ‘man-crafted laws must take their bearings? This is the so-called Doctrine of Constitutional Supremacy. Under the said 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 of the government or entered into by private persons for private purposes is null and void and without any force and effect.’ The New Civil Code provides that “when the courts declare a law to be inconsistent with the constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders, and regulations shall be valid only when they are not contrary to the laws or the constitution’”* A statute therefore should be interpreted in line with the provisions of the Constitution. ‘As the fundamental, paramount, and supreme law of the nation, it is deemed written in every statute and contract Thus, it was held in Macalintal vs. Comelece that Congress could not have allowed the COMELEC to usurp a power that constitutionally belongs to it or, as aptly stated by petitioner, to encroach on the power of Congress to canvass the votes for President and Vice President and the power to proclaim the winners for the said positions. The provisions of the Constitution as the fundamental Jaw of the land should be read as part of The Overseas Absentee Voting Act of 2003 and hence, the canvassing of the votes and the proclamation of the winning candidates for President and Vice President for the entire nation must remain in the hands of Congress. Likewise, in Social Justice Society vs. Dangerous Drugs Board the Court held that if a law or an administrative rule violates any norm of the Constitution, that issuance is null and void and has no effect. The Constitution is the basic law to which all laws must conform; no act shall be valid if it conflicts with the Constitution. In Tawang Multi-Purpose Cooperative vs. La Trinidad Water District, it was held that there is no “reasonable and legitimate” ground to violate the Constitution. The Constitution Tage, Posten Constitutional La, 1997 Ed °jadge Nok Diaz, Statutory Construction, 2000 El, p. 299 net. 7, New Cwvil Code Manila Prince Hotel vs. GSIS, GR No. 122156, February. SGR No, 157013, July 10,2003, "And companion cases, GR. Nos, 157870, 158633, and 161658, November 3, 2008, PART 1 POLITICAL LAW 5 (CHAPTER 1 PRELIMINARY CONSIDERATIONS: should never be violated by anyone. Right or wrong, the President, the Congress, the Court. ...fh]ave no choice but to follow the Constitution. Any act, however noble its intentions, is void if it violates the Constitution. This rule is basic* Accordingly, it is the duty of every citizen to know the Constitution because obedience to it can only be had if the people fully understand the letter and spirit of the Constitution, which they themselves approved. Thus, the Constitution specifically ‘commands all educational institutions to include the study of the Constitution as part of their curricula." This is the reason why the Constitution is generally framed in a general manner, excluding, as much as possible, technical terms that an ordinary man could not understand. It should be designed in the sense that even the lowliest level of citizenry must understand its plain meaning. ‘The 1987 Constitution took effect on February 2, 1987, the date the people casted their votes of approval through a plebiscite called for the purpose. It is described as written, enacted, and rigid. 1) Written — Has been reduced in writing or documented ata particular time through a formal or systematic method. 2) Enacted — Conventionally done, or which is a product of a deliberate assembly and conscious intention to formally adopt a fundamental charter. 3) Rigid — Cannot be altered or amended except by ‘means of a process or method spelled out in the charter itself. Constitution distinguished from Statute While Constitution and Statute are both laws, they posses ‘unequal dignity. Constitution is primary, being the commands of the sovereign establishing the governmental machine and the most TGR No 166471, March 22,2011 " Aguire, Pstulaes in Constitutional Li, 1997 Ed 4 See (1), Art XIV, 1987 Constitution "Santiago, Constitutional Le, Vl. 2000 Ed‘ POLITICAL AND CONSTITUTIONAL LAW FOR STUDENTS, BARRISTERS de LAWYERS general rules for its operation. Statutes are secondary, being commands of the sovereign having reference to the exigencies of time and place resulting from the ordinary working of the machine. Hence, a constitution differs from a statute in that, a statute must provide for details of the subject which it treats, whereas, a constitution usually states general principles, and builds the substantial foundation and general framework of the law and government. The constitution is fixed and certain. It contains the permanent will of the people, and is the supreme law of the land. It is paramount to the legislature, and can be revoked or altered only by the authority that made it. In sum, a constitution is fundamental, general and perma- nent, whereas a statute is tentative, occasional, and temporary. Attributes of a good written constitution 1) _ Brief — It should not be too detailed in order to be easily understood by the public. It must outline the vision of the state not on narrow confines but in a dimensional perspective. 2) Broad —It should be comprehensive enough to outline the general framework of the government. 3) Definite — There should be no room for vagueness and ambiguity for it may lead to opposing interpretations of essential features that may cause incalculable damage. Chaos may conceivably follow from ambiguous expressions in a constitution Purpose of a constitution The constitution has the following purposes: 1) It prescribes the permanent framework of the system of the government; 2) Itassigns to the different departments their respective powers and duties; and 3) It establishes the basic principles upon which the government is founded Santiago, Constitutional Lie, Vol. supra, 5 } PART 1 — POLITICAL LAW 7 (CITAPTER I PRELIMINARY CONSIDERATIONS. Major parts of the constitution 1. Constitution of Government — that portion which estab- lishes or outlines the organization of the government. It defines and allocates to the organic departments their respective powers and functions. 2. Constitution of Liberty — The litany of individual rights. That part which sets forth the fundamental civil and political rights of the people and imposing certain limitations on the powers of the government as a means of securing the enjoyment of those rights. 3. Constitution of Sovereignty — that which points out the authority of the people to amend or revise the fundamental law. Constitutional construction Interpreting or understanding the meaning of the Consti- tution may be efficiently and easily achieved through the aid of the following: 1. Verbu Legis (Plain 1g tule) — whenever possible the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. The rule is that if a statute or constitutional provision is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This is known as the plain meaning rule enunciated by the maxim verba legis non est recedendum.® The plain meaning rule or verba legis, derived from the maxim index animi sermo est" rests on the valid presumption that the words employed by the framers correctly express its intention or will and preclude the court from construing it differently.” For the legislature is presumed to know the meaning of the words, to have used them advisedly and to have expressed the intent by use of such words as are found in the statute. ron th words of statute there shouldbe wo departure.” peach isthe inde of intention.” ina vs. Villa, GR_No. 192791, Apeil24, 2012 “PAGCOR vs. PEIL, GR. No. 177333, April 24,20088 POLITICAL AND CONSTITUTIONAL LAW FOR STUDENTS, BARRISTERS & LAWYERS 2. Ut magis oaleat quam pereat. — The Constitution has to be interpreted as a whole.” When construction is proper, the whole constitution is to be examined in order to determine the meaning of any provision, As such, the constitution must be construed in its entirety as ‘one, single document. As much as possible, that construction should be used which would give effect to the entire instrument and not one which would raise any conflict between provisions. ‘The cardinal rule, after all, in statutory construction is that the particular words, clauses and phrases should not be studied as detached and isolated expressions, but the whole and every part of the statute must be considered in fixing the meaning of any of its parts and in order to produce a harmonious whole. Courts should adopt a construction that will give effect to every part of a statute, if at all possible. Constitutional provisions in pari ‘materia® are to be construed together. Otherwise stated, different clauses, sections, and provisions of a constitution which relate to the same subject matter will be construed together and considered in the light of cach other Ut magis valeat quam pereat or that construction is to be sought which gives effect to the whole of the statute its every word.” Again, in the case of Macalintal vs. Comelec;» it was held that “[it is a basic rule in constitutional construction that the Constitution should be construed as a whole. ... A constitutional provision should function to the full extent of its substance and its terms, not by itself alone, but in conjunction with all other provisions of that great document. 3. Ratio legis est anima legis” — Intent of the framers to be given effect. Where there is ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the "Francisco we. HR, G.R.No. 161261, November 1, 2003 "Lipo te seme mater or sujet” David vs. Arroyo, GR. No. 171396, May 6, 2006 nding vs. Sandigantayan, C.R. No. 13047, July 14,2008 2GRNo. 157013 July 10, 2009, The eason ofthe lw i the oul ofthe law." (The Legal Dictionary) = PART POLITICALLAW 9 (CIIAPTER I~ PRELIMINARY CONSIDERATIONS. framers. The intent of the Constitution may be drawn primarily from the language of the document itself. Should it be ambiguous, the Court may consider the intent of its framers through their debates in the constitutional convention. The court should beat in mind the object sought to be accomplished and the evils sought to be prevented or remedied. A doubtful provision shall be examined in the light of the history of times and the condition and circumstances under which the Constitution was framed. 4. Constitutional Provisions are Generally Self-Executing; Exceptions In the case of Manila Prince Hotel vs. GSIS,* it was held that the prevailing presumption is that all provisions of the Consti- tution are self-executing. Unless the contrary is clearly intended, the provisions of the Constitution should be considered as self- executing, as a contrary rule would give the legislature discre- tion to determine when, or whether they shall be effective. These provisions would be subordinated to the will of the lawmaking, body, which could make them entirely meaningless by simply refusing to pass the needed implementing statute. ‘A provision which is complete in itself and becomes operative without the aid of supplementary or enabling legis- lation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected, is ‘Thus, a constitutional provision is self-executin; and extent of the right conferred and the liability imposed are fixed by the constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the subject is referred to the legislature for action.= However, a provision which lays down a general principle or policy and by its language it empowers the Legislature to provide the means by which such policy shall be carried out is usually not self-executing, such as: "Civil Liberties Union vs. Executive Secretary, 194SCRA 317 GR No. 122156, February 3, 1997 Diaz, Statutory Construction0 POLITICAL AND CONSITTUTIONAL LAW FOR STUDENTS, BARRISTERS & LAWYERS a) Some provisions on Article II on “Declaration of Principles and State Policies”; b) Article XIII on “Social Justice and Human Rights”; ©) Article XIV on “Education, Science and ‘Techno- logy, Arts, Culture and Sports.”* In Oposa vs. Factoran,2 the Court held that Article Il, Section 16, which provides that “the state shall protect and advance the right of the people to balanced and healthful ecology in accord with the rhythm and harmony of nature” is a self-executing, provision, in -w of its transcendental importance and the principle of inter- generational responsibility in protecting the environment. Also, in Wilson Ganiboa vs. Section of Finance,» it was held that Section 11, Article XII of the Constitution, like other provisions of the Constitution expressly reserving to Filipinos specific areas of investment, such as the development of natural resources and ownership of land, educational institutions, and advertising business, i> self-executing. There is no need for legislation to implement these self-executing provisions of the Constitution. 5. Liberal Construction; Exceptions ‘The constitution should be liberally construed in order to accomplish its laudable objectives for which it was enacted as well as to carry out the general principles of the government. A narrow and technical construction, asa general rule, has no room in the construction and interpretation of the constitution which has been framed by the people for their own benefit. Further, as the organic law of the land, it has to deal with broader subjects and is imperative to employ broader language if itis to lay down completely the principles of government. ___ Alliberal construction was applied by the Supreme Court in interpreting Article VI, Section 26(1) of the Constitution on the “one title-one subject” rule. In the case of Tobias, et al. vs. 224 SCRA 7921993) GR No. 176579, June 28,2011 PARTI POLITICALLAW u (CHAPTER | PRELIMINARY CONSIDERATIONS ‘Abalos;" petitioners assail the constitutionality of RA 7675 or the “Act Converting the Municipality of Mandaluyong into a Highly Urbanized City to be known as the City of Mandaluyong.” The jid law provides: (1) the conversion of Mandaluyong into a highly urbanized city and (2) the division of the congressional district of San Juan-Mandaluyong, into two separate districts. Petitioners maintained that the said law contravenes the “one subject-one bill” rule under Article VI, Section 26(1) of the Cons- titution as the said law contains two principal subjects namely: 1) the conversion of Mandaluyong into a city and (2) the division of congressional district of San Juan-Mandaluyong. In dismissing the petition, the Supreme Court declared that contrary to petitioner's assertion, the creation of a separate congressional district for Mandaluyong is not a subject separate and distinct from the subject of its conversion into a highly urbanized city but is a natural and logical consequence thereof. Verily, the title of RA 7675 necessarily includes and contemplates the subject treated under Section 49 regarding the creation of « separate congressional district for Mandaluyong. However, in case of prohibitory provisions in the Constitution, it is given strict interpretation. Thus, in Civil Liberties Union os. Executive Secretary,” EO 284 was nullified by the Supreme Court as it runs counter to the provisions of Section 13, Article VII of the 1987 Constitution which proscribes the President and his/ her official family from holding double or multiple offices or employment in the government during their tenure. The language of Section 13, Article VII is prohibitory so that it must be understood as intended to be a positive and unequivocal negation of the privilege of holding multiple government offices or employment. The prohibition against holding dual ‘or multiple position, office, or employment under Section 13, Article VI of the Constitution must not, however, be construed as applying to posts occupied by the Executive officials specified therein without additional compensation in an ex-officio capacity GIR No. A783, December 8, 1984 GR. No. 83885, February 2, 191, 194 SCRA 317,be POLITICAL AND CONSTITUTIONAL LAW FOR STUDENTS, BARRISTERS & LAWYERS, as provided by law and as required by the primary function of said official offices.” Itis sometimes argued that the Constitution, being a grant of powers and in derogation of the inherent and natural rights of the people, should be strictly construed. At this point, it. should be observed that all governments are founded upon a surrender by the people of some of their natural rights in exchange for the benefits of an organized society. And since construction of constitution is also a question of intention, a strict or liberal interpretation is equally worth the intention of the people. Either ‘one of them may be adopted as would promote or secure their rights to life, liberty, or property.* 6. In case of doubt, provisions of the Constitution should be considered mandatory rather than directory; and prospective rather than retroactive. The provisions of the Constitution are almost invariably mandatory and only in extremely meritorious cases or under the pressure of necessity that they can be construed as merely directory. If the provision of the Constitution would be regarded as merely directory, then the Congress, the executive department, or the judiciary may easily ignore the same, without assaulting the doctrine of constitutional supremacy. It would therefore amount to lowering the dignity befitting the fundamental law if the provisions thereof will be taken at the sideline at the pleasure of any of the major organs of the government." A constitutional provision should not be construed retros- pectively, unless that is the obvious intention of the words used or the unmistakable intent of the framers. *Diaz, Statiory Construction, p. 242 Martin, Slatwory Construction, p. 210 Aguirre, Postulates in Constitutional Law, 1997 Ba. Chapter Il STATE AND ITS CONCEPT State is a community of persons, more or less numerous, permanently occupying a definite portion of the territory, independent of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience. It is a sovereign person (entity) with the people composing it viewed as an organized corporate society under an authority with the legal competence to exact obedience to its commands. It has been referred to as a body-politic orga- nized by common consent for mutual defense and mutual safety and to promote the general welfare.’ A state differs from a nation in that the latter indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs. State is a legal concept, whereas a nation is only a racial or ethnic concept? From the definition above, the elements of a state are as follows: 1. People — It refers to the inhabitants of the state. The people in a state must be sufficient in number capable of main- taining its existence permanently. While there is no definite number required, the people as an element requires the presence of both sexes for purposes of procreation. It must likewise be sufficient for self-governance and capable of defending itself in order to maintain its permanent existence pursuant to the principle of state continuity. "CIR ws. Campos Rueda, 42SCRA 23 %ruz, International Lao, 2008 Ed, p29uw POLITICAL AND CONSITTUTIONAL LAW POR STUDENTS, BARRISTERS & LAWYERS 2. _ Fixed territory —It is the definite portion of the earth's surface inhabited by the people of the state. There is no specific area required but the territory must be permanent and suffi- ciently adequate to provide for its maintenance, development, and growth. 3. Organized government — It is the agency or instru- mentality through which the will of the state is formulated, expressed, and realized. In the case of US vs. Dorr, the Supreme Court defined it as the aggregate of authorities which rule a society. Under the Administrative Code of 1987, the government of the Republic of the Philippines “refers to the corporate govern- ‘ment entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is ‘made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal, barangay subdivisions, or other forms of local government.” 4. Sovereignty — Il is the supreme power inherent in a state by which the state is governed. A state must possess the power to command and enforce obedience and the right to exercise its sovereign powers free from interference and pressure from other states. Sovereignty may be classified into internal and external. Internal sovereignty refers to the power of the state to control its domestic affairs. External sovereignty is the power of the state to direct its relations with other states. Sovereignty may also be legal and political. Legal sovereignty is the authority which has the power to issue final commands whereas political sovereignty is the power behind the legal sovereign, or the sum of the influences that operate upon it. Under Philippine laws, the legislature and to some extent, the executive department is the legal sovereign, while the different sectors that mold public opinion make up the political sovereign. ‘The characteristics of sovereignty are said to be: (a) Permanence; (b) Exclusivity; (c) Comprehensiveness; (4) "Phi. 382 ‘Sec. 2), Administrative Code of 1987 PART 1— POLITICALLAW 6 (CHAPTER Il STATE AND ITS CONCEPT Imprescriptibility; (e) Absoluteness; (f) Individuality; and (g) Inalienability Principle of State Continuity Under the principle of state continuity, the disappearance of any of the elements of statehood would cause the extinction of the state, but mere changes as to one or more of the elements would not necessarily, as a rule, bring about such extinction. Despite such changes, the state continues to be an international person. Incidentally, when there is a change of sovereignty, political laws whether compatible or not with those of the new sovereign are automatically abrogated. Municipal laws on the other hand, are deemed in force unless declared otherwise by the positive act of the new sovereign because they conflict with the political laws of the new sovereign’ Concept of Association In the case of Province of North Cotabato vs. GRP. petitioners, invoking the right to information on matters of public concern, seek to compel respondents to disclose and furnish them the complete and official copies of the Memorandum of Agreement ‘on Ancestral Domain (MOA-AD) including its attachments, and to prohibit the slated signing of the MOA-AD, pending the disclosure of the contents thereof and the holding of a public consultation thereon. Alternatively, petitioners pray that the MOA-AD be declared unconstitutional. It appears that MOA- AD, once implemented will give the Bangsamoro Juridical Entity (BJE), the power and authority to engage in diplomatic relations with other states without need to secure prior consent from the Philippines; maintain its own police force for peace and order; the right to exploit and utilize its natural resources subject to a proportionate share of the national government; and will have jurisdiction over its territory and its people. National defense Roa vs. Collector of Customs, 23 Phil 315, SGR. No. 183591, October 14, 20086 POLITICAL AND CONSTTTUTIONAL LAW FOR STUDENTS, BARRISTERS de LAWYERS and protection shall however be the primary responsibility of the national government. Further, as contained in the MOA-AD, the relationship of BJE with the Central government is “associative” in character. The Court in declaring the unconstitutionality of MOA-AD held that from the foregoing, BJE clearly possesses all the elements of a State. BJE is clearly a state within the Philippine state and is associative in character. However, the concept of association is not recognized under the present Constitution. No province, city, or municipality, not even the ARMM, is recognized under our laws as having an “associative” relationship with the national government. Indeed, the concept implies powers that go beyond anything ever granted by the Constitution to any local or regional government. It also implies the recognition of the associated entity as a state. The Constitution, however, does not contemplate any state in this jurisdiction other than the Philippine state, much less does it provide for a transitory status that aims to prepare any part of Philippine territory for independence.” Modes of Acquiring Territory a) Discovery — the oldest mode of acquiring territory. To be valid and effective, discovery as a means to acquire tertitory must be coupled by occupation, management, and administra- tion of the territory otherwise it cannot obtain recognition under international law; b) Prescription — refers to continued and uninterrupted occupation of territory for a long period of time by one state; ©) Accretion — a process where the land area of a state is increased either by natural occurrence or human effort; d) Cession — is a bilateral agreement whereby one state transfers over to another a definite portion of its territory; e) Conquest — is the acquisition of a territory by the use of force which reduces the defeated territory to the submission of the dominant state. This mode is not recognized by the charter of the United Nations. PART 1 POLITICALLAW "7 (CHAPTER I~ STATE AND ITS CONCEPT = \ Kinds of Government There are various kinds of governments, among which are the following: As to persons exercising sovereign powers: a) _ Monarchial —where government powers is vested ina single person usually a queen or a king; b) _Aristocratic — government powers are vested in the hands of few elite individuals; ©) Democratic — government powers are vested in the general body of the citizens, usually elected by the people themselves. As to extent of powers exercised: a) Unitary — one which the control of national and local affairs is exercised by the central or national government; b) _ Federal — one which the powers of government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere. As to manner of creation: a) De jure — one which is founded on existing constitutional laws of the state but may not possess power or control; b) _De facto — one which is not founded on existing constitutional laws of the state and is maintained against the rightful authority of an established and lawful govern- ment. Other Classifications: a) Constitutional — those whose fundamental rules or maxims not only locate the sovereign power in individ- uals or bodies designated or chosen in some prescribed manner but also defines the limits of its exercise so as to protect individual rights and shield them against the assumption of arbitrary and despotic powers;