Doctrines in

Constitutional Law
#Bar2017

JAKE BRYSON DANCEL

LAW STUDENTS HELP GROUP PHILIPPINES
Doctrines in Constitutional Law
Archipelago Doctrine
The Archipelago Doctrine is a
principle where appropriate points are set
along the coast of the archipelago
including the outermost islands and then
connect those points with straight
baselines. All waters within the baselines
are considered internal waters of the
archipelago state.1
Constitutional Supremacy Doctrine
The Constitution is the basic and
paramount law of the land to which all
other laws must conform and to which all
persons, including the highest officials of
the land, must defer. No law or act shall
be valid if it conflicts with the
Constitution.
Judicial Supremacy Doctrine
The power of the judiciary to annul
the acts of either the legislative or the
executive branches of government, or of
both, when not conformable to the
fundamental law.2
However, when the courts declare a
law unconstitutional, it does not assert its
supremacy of the legislature, but it merely
upholds the supremacy of the
Constitution.3
Ripeness Doctrine
It is enough that one alleges
conduct arguably affected with a
constitutional interest, but seemingly
proscribed by the Constitution. A
reasonable certainty of the
occurrence of the perceived threat
to a constitutional interest is
sufficient to afford a basis for
bringing a challenge, provided the
1 Albano, Albano Jr., Albano Pua, Albano III,
Political Reviewer 2008 Ed.
2 Assn. of Small Landowners vs. Secretary of Agrarian
Reform, 175 SCRA 343
3 Bondoc vs Pineda, 201 SCRA 792, 26 Sept 1991
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Court has sufficient facts before it to
enable it to intelligently adjudicate the
issues.4
Parens Patriae
It means parent of the country.
The State acts as guardian of persons
under disabilities.
Where the victims of rape are of
tender years, there is a marked receptivity
on the part of the courts to lend credence
to their version of what transpired, a
matter not to be wondered at, since the
State, as parens patriae, is under
obligation to minimize the risk of harm to
those who, because of their minority, are
not yet able to fully protect themselves.5
Proper Submission Doctrine
Plebiscite may be held on the same
day of the regular election but only in one
plebiscite.6
Separation of Powers Doctrine
It is designed to prevent the
accumulation of powers in the same
hands, which, according to Madison, may
justly be pronounced the very definition of
tyranny.
The theory of separation of powers
is designed by its originators to secure
action and at the same time to forestall
overaction which necessarily results from
undue concentration of powers and
thereby obtain efficiency and prevent
despotism.7
Doctrine of Separation of the Church
and State
It means that the State should not
use its money and coercive power to
4 De Castro vs JBC, 615 SCRA 666, 17 Mar 2010
5 People vs Casipit, 51 SCAD 482, 31 May 1994
6 Gonzales v. Comelec, 21 SCRA 774
7 People vs Vera, 65 Phil 56
Doctrines in Constitutional Law
establish religion. It should not support a
particular religion. The state is prohibited
from interfering with purely ecclesiastical
affairs. The church is likewise prohibited
from meddling in purely secular affairs.
But it does not mean that there is total or
absolute separation. The better rule is
symbiotic relations between the church
and State. 8
Doctrine of State Continuity
The doctrine by which a states
identity as an international legal person
persists notwithstanding unconstitutional
or even violent changes in its government.
As a result, a state generally continues to
owe and accrue international legal
obligations notwithstanding such
changes.
Act of State Doctrine
Broad sense.
It is an exercise of sovereign power
which cannot be challenged, controlled or
interfered with by municipal courts. It
refers to the political acts of a State which
are exercised as exclusive prerogatives by
the political departments of the
government and not subject to judicial
review and for the consequences of which,
even when affecting private interests,
they will not hold legally responsible those
who command and perform them.
Limited sense.
It refers to the acts taken by the
State concerning as affecting aliens, like
the inherent right of every sovereign State
to exclude resident aliens from its
territory when their continued presence is
no longer desirable from the standpoint of
its domestic interest and tranquility.
8 Phil. Govt and Constitution, Albano, 2009, p.63
9 Dept. of Agriculture vs NLRC, 227 SCRA 693
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State Immunity Doctrine
It is based on the provisions of the
Constitution that the State may not be
sued without its consent. The doctrine
reflects nothing less than a recognition of
the sovereign character of the State and
an express affirmation of the unwritten
rule effectively insulating it from the
jurisdiction of courts. It is based in the
very essence of sovereignty. Justice
Holmes once said that a sovereign is
exempt from suit, not because of any
formal conception or obsolete theory, but
on the logical and practical ground that
there can be no legal right as against
the authority that makes the law on
which the right depends. True, the
doctrine, not too infrequently, is derisively
called the royal prerogative of
dishonesty because it grants the state the
prerogative to defeat any legitimate claim
against it by simply invoking its non-
suability. It has been explained in its
defense, however, that a continued
adherence to the doctrine of non-suability
cannot be deplored, for the loss of
governmental efficiency and the obstacle
to the performance of its multifarious
functions would be far greater in severity
than the inconvenience that may be
caused to private parties, if such
fundamental principle is to be abandoned
and the availability of judicial remedy is
not to be accordingly restricted.9
Doctrine of Restrictive Sovereign
Immunity
Waiver of the States immunity from
suit, being a derogation of sovereignty,
will not be lightly inferred, but must be
construed strictissimi juris.10 The consent
of the State to be sued must emanate from
statutory authority, hence, from a
10 Republic vs Feliciano, 148 SCRA 424
Doctrines in Constitutional Law
legislative act, not from a mere
memorandum. Without such consent, the
trial court did not acquire jurisdiction over
the public respondents.11
The restrictive application of state
immunity is proper only when the
proceedings arise out of commercial
transactions of the foreign sovereign, its
commercial activities or economic
affairs. 12
Executive Immunity Doctrine
Incumbent Presidents are immune
from suit or from being brought to court
during the period of their incumbency and
tenure but not beyond.13
Given the intent of the 1987
Constitution to breathe life to the policy
that a public office is a public trust, the
petitioner, as a non-sitting President,
cannot claim executive immunity for
his alleged criminal acts committed
while a sitting President.14
Political Question Doctrine
It is a question of policy. It refers to
those questions which, under the
Constitution, are to be decided by the
people in their sovereign capacity or in
regard to which full discretionary
authority has been delegated to the
Legislature of the Executive branch of the
government. It is concerned with issues
dependent upon the wisdom, not legality,
or a particular measure [standard].15
Doctrine of Sovereign Equality of
States
One of the fundamental rights of a
state is equality with all other states. This
right is inherent in the concept of a state
as a subject of International Law and is
given general recognition by long-
11 Veterans Manpower and Protective Services, Inc. vs
CA, G.R. No. 91359, 25 Sept 1992
12 DA vs NLRC, supra
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standing state practice. Precise definition
of the principle of equality of states is
difficult, however, since many factors
affect its application in any particular
situation. Thus, it is best to differentiate
between legal equality, that is, the concept
of state equality as it applies to the legal
relations that states maintain with each
other, and political equality, which
reflects the relative distribution of
economic and military power between
states.
Doctrine of Augmentation
Transfer of funds from one
department to another is prohibited by the
Constitution. A law passed to that effect is
not valid, the President, the Senate
President, Speaker, CJ of the SC, the
Heads of Constitutional Commissions
may be authorized by law to augment any
item in the general appropriations from
savings. This means that the President
may order the transfer of funds from one
executive office to another to augment the
funds of another executive office, like the
funds from the Department of Justice to
the Department of Education. But this
cannot be done if the transfer is from
Congress to the Judiciary.
Doctrine of Inappropriate Provision
Congress cannot include in a
general appropriations bill matters that
should be more properly enacted in
separate legislation, and if it does that,
the inappropriate provisions inserted by it
must be treated as "item", which can be
vetoed by the President in the exercise of
his item-veto power.
The legislature cannot by location of
a bill give it immunity from executive veto.
Nor can it circumvent the Governor's veto
13 In Re: Saturnino Bermudez, 145 SCRA 10
14 Estrada vs Desierto, 356 SCRA 108
15 Tanada, et al. vs Cuenco, et al. L-1052, 28 Feb 1957
Doctrines in Constitutional Law
power over substantive legislation by
artfully drafting general law measures so
that they appear to be true conditions or
limitations on an item of appropriation.16
When the legislature inserts
inappropriate provisions in a general
appropriation bill, such provisions must
be treated as "items" for purposes of the
Governor's item veto power over general
appropriation bills.
Regalian Doctrine
It is the doctrine which reserves to
the State the full ownership of all natural
resources or natural wealth that may be
found in the bowels of the earth.
The Regalian Doctrine dictates that
all lands of public domain belong to the
State, that the State is the source of any
asserted right to ownership of land and
charged with the conservation of such
patrimony. The doctrine has been
consistently adopted under 1935, 1973
and 1987 Constitutions.17
Exception:
When, as far back as testimony or
memory goes, the land has been held by
individuals under a claim of private
ownership, it will be presumed to have
been held in the same way from before the
Spanish conquest, and never to have been
public land.18
Stewardship Doctrine
Private property is supposed to be
held by the individual only as a trustee for
the people who are its real owners.
Doctrine of Fair Comment
Fair commentaries on matters of
public interest are privileged and
constitute a valid defense in an action for
16 Henry vs
17 Zarate vs Dir. Of Lands, 434 SCRA 322
18 Carino vs Insular Government, 212 US 449
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libel or slander. It means that while in
general, every discreditable imputation
publicly made is deemed false, because
every man is presumed innocent until his
guilt is judicially proved, and every false
imputation is deemed malicious,
nevertheless, when the discreditable
imputation is directed against a public
person in his public capacity, it is not
necessarily actionable unless it be false
allegations of fact or comment based on a
false supposition. If the comment is an
expression of opinion, based on facts, then
it is immaterial that the opinion happens
to be mistaken as long as it might
reasonably be inferred from the facts. 19
Lis Mota Doctrine
The last but the most important
requisite that the constitutional issue
must be the very lis mota of the case
does not likewise obtain. The lis mota
aspect is not present, the constitutional
issue tendered not being critical to the
resolution of the case. The unyielding
rule has been to avoid, whenever
plausible, an issue assailing the
constitutionality of a statute or
governmental act.20
Doctrine of Avoidance
It states that the Court should avoid
declaring a law as unconstitutional if it
admits a fair and reasonable construction.
Enrolled Bill Doctrine
The signing of the bill by the
Speaker of the House and the President of
the Senate and the certification by the
secretaries of both Houses of Congress
19Borjal vs CA, 501 SCRA 1
20Francisco, Jr. vs House of Representatives, 415
SCRA 44.
Doctrines in Constitutional Law
that it was passed on a certain date are
conclusive of its due enactment. 21
The enrolled copy of a bill is
conclusive not only of its provisions but
also of its due enactment. Not even claims
that a proposed constitutional
amendment was invalid because the
requisite votes for its approval had been
smuggled in the printing of the bill have
moved or persuaded the Supreme Court to
look behind the proceedings of a co-equal
branch of the government.22
Lis Mota the fourth requirement
to satisfy before this Court will
undertake judicial review means that
the Court will not pass upon a question
of unconstitutionality, although
properly presented, if the case can be
disposed of on some other ground, such
as the application of the statute or the
general law. The petitioner must be
able to show that the case cannot be
legally resolved unless the
constitutional question raised is
determined. This requirement is based
on the rule that every law has in its
favor the presumption of
constitutionality; to justify its
nullification, there must be a clear and
unequivocal breach of the Constitution,
and not one that is doubtful,
speculative, or argumentative.23
Doctrine of Indelible Allegiance
The doctrine that an individual may
be compelled to retain his original
nationality notwithstanding that he has
already renounced or forfeited it under the
laws of the 2nd state whose nationality he
has acquired.
21 Tolentino vs Sec of Finance, 235 SCRA 630
22 Tolentino vs Sec of Finance, supra
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Doctrine of Symbiotic Relation
Taxes are what we pay for civilized
society. Without taxes, the government
would be paralyzed for lack of the motive
power to activate and operate it. Hence,
despite the natural reluctance to
surrender part of ones hard-earned
income to the taxing authorities, every
person who is able must contribute his
share in the burden of running the
government. The government for its part,
is expected to respond in the form of
tangible and intangible benefits intended
to improve the lives of the people and
enhance their material and moral
values.24
Doctrine of Implied Election
There can be acquisition of
citizenship under the doctrine of implied
election by having exercised the right of
suffrage when he came of age. That was a
positive act of election of Philippine
citizenship. In this case, he participated in
elections and campaigned for certain
candidates. These acts are sufficient to
show his preference for Philippine
Citizenship.25
Fruit of Poisonous Tree Doctrine
Art. III, Sec. 3 (2) of the 1987
Constitution provides:
Sec. 3 (2) Any evidence obtained in
violation of this or the preceding
section (Sec 2) shall be inadmissible
for any purpose in any proceeding.
This rule prohibits the issuance of
general warrants that encourage law
enforcers to go on fishing expeditions.
Evidence obtained through unlawful
seizures should be excluded as evidence
because it is the only practical means of
enforcing the constitutional injunction
23 Garcia vs Executive Secretary, 583 SCRA 119
24 CIR v. Algue, Inc., 158 SCRA 9
25 In Re: Florencio Mallari, 59 SCRA 45
Doctrines in Constitutional Law
against unreasonable searches and
seizures. It ensures that the fundamental
rights to ones person, houses, papers, and
effects are not lightly infringed upon and
are upheld.26
Miranda Doctrine
It is high-time to educate our law-
enforcement agencies who neglect either
by ignorance or indifference the so-called
Miranda rights which had become
insufficient and which the Court must
update in the light of new legal
developments:
1. The person arrested, detained,
invited or under custodial
investigation must be informed
in a language known to and
understood by him of the reason
for the arrest and he must be
shown the warrant of arrest, if
any; Every other warning,
information or communication
must be in a language known to
and understood by said person;
2. He must be warned that he has a
right to remain silent and that
any statement he makes may be
used as evidence against him;
3. He must be informed that he has
the right to be assisted at all
times and have the presence of
an independent and competent
lawyer, preferably of his own
choice;
4. He must be informed that if he
has no lawyer or cannot afford
the services of a lawyer, one will
be provided for him; and that a
lawyer may also be engaged by
any person in his behalf, or may
be appointed by the court upon
petition of the person arrested or
one acting in his behalf;
26 People vs Romana, G.R. No. 200334, July 30, 2014
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5. That whether or not the person
arrested has a lawyer, he must
be informed that no custodial
investigation in any form shall be
conducted except in the presence
of his counsel or after a valid
waiver has been made;
6. The person arrested must be
informed that, at any time, he
has the right to communicate or
confer by the most expedient
means telephone, radio, letter or
messenger with his lawyer
(either retained or appointed),
any member of his immediate
family, or any medical doctor,
priest or minister chosen by him
or by any one from his immediate
family or by his counsel, or be
visited by/confer with duly
accredited national or
international non-government
organization. It shall be the
responsibility of the officer to
ensure that this is accomplished;
7. He must be informed that he has
the right to waive any of said
rights provided it is made
voluntarily, knowingly and
intelligently and ensure that he
understood the same;
8. In addition, if the person
arrested waives his right to a
lawyer, he must be informed that
it must be done in writing AND
in the presence of counsel,
otherwise, he must be warned
that the waiver is void even if he
insists on his waiver and chooses
to speak;
9. That the person arrested must be
informed that he may indicate in
any manner at any time or stage
of the process that he does not
Doctrines in Constitutional Law
wish to be questioned with
warning that once he makes such
indication, the police may not
interrogate him if the same had
not yet commenced, or the
interrogation must have ceased if
it has already begun;
10. The person arrested must be
informed that his initial waiver
of his right to remain silent, the
right to counsel or any of his
rights does not bar him from
invoking it at any time during
the process, regardless of
whether he may have answered
some questions or volunteered
some statements;
11. He must also be informed that
any statement or evidence, as the
case may be, obtained in
violation of any of the foregoing,
whether inculpatory or
exculpatory, in whole or in part,
shall be inadmissible in evidence.

Doctrine of Operative Fact

Acts done pursuant to a law which
was subsequently declared
unconstitutional remain valid, but not
when the acts are done after the
declaration of unconstitutionality.

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