OUTLINE IN CONSTITUTIONAL LAW 1
CHAPTER I
GENERAL CONSIDERATIONS
Political Law
Political law is that branch of public
law which deals with the organization and
operations of the governmental organs of
the State and defines the relations of the
State with the inhabitants of its territory.
Scope of Political Law
Constitutional Law
Administrative Law
Law of Public Officers
Election Law
Law on Municipal Corporations
Constitutional Law
Constitutional law is a study of the
structure and powers of the Government
of the Republic of the Philippines.
It also deals with certain basic
concepts of Political law, such as the
nature of the State, the supremacy of the
Constitution, the separation of powers, and
the rule of the majority.
Necessity of the Study
Every citizen, regardless of the
calling, should understand the
mechanisms and motivations of his
government. This must be so because
sovereignty resides in the people and all
government authority emanates from
them (Art.II, Sec. 1, 1987 Constitution). It
is upon the active involvement in public
affairs of every Filipino that the success of
the Republic of the Philippines will depend.
CHAPTER II
THE CONSTITUTION OF THE
PHILIPPINES
Constitution of the Phils., past and
present
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Commonwealth Constitution (1935)
Constitution of 1973
Freedom Constitution (Feb. 25,
1986)
1987 Constitution (adopted on Feb.
02, 1987)
Outstanding Features
Revival of the Bicameral Congress
of the Philippines and the strictly
legal Presidential system.
The independence of the judiciary
has been strengthened, with new
provisions for appointment and
increase in its authority, covering
even political questions formerly
beyond its jurisdiction.
Supremacy of the Constitution
The Constitution is the basic and
paramount law to which all other laws
must conform and to which all persons,
including the highest officials of the land.
CHAPTER III
THE CONCEPT OF THE STATE
Definition
A state is a community of persons,
more or less numerous, permanently
occupying a fixed territory, and possessed
of an independent government organized
for political ends to which the great body
politic render habitual obedience.
State vs. Nation
The term nation indicates a relation
of birth or origin and implies a common
race, usually characterized by community
of language and customs. The State is a
legal concept, while the nation is only a
racial or ethnic concept.
Elements of state.
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1. People
2. Territory
3. Government
4. Sovereignty
People
People refers simply to the
inhabitants of the State.
Territory
Territory is the fixed portion of the
surface of the earth inhabited by the
people of the State.
The national territory comprises
the Philippines archipelago, with all the
islands and waters embraced therein, and
all other territories over which the
Philippines has sovereignty or jurisdiction,
consisting of its territorial, 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.
(Art. 1, 1987 Constitution)
Government
Government is the agency or
instrumentality through the will of the
State is formulated, expressed and
realized.
Functions
1. Constituent.Constituent functions
constitute the very bonds of society
and are therefore compulsory.
2. Ministrant. Ministrant functions are
those undertaken to advance the
general interests of society, such as
public works, public charity, and
regulation of trade and industry.
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To our Supreme Court, however, the
distinction between the two is not relevant
in our jurisdiction. Such distinction has
been blurred because of the repudiation of
the laissez faire policy in the Constitution
(PVTA vs. CIR, reiterating the rule in ACCFA
vs. Federation of Labor Unions).
Laissez faire literally means leave us
alone; it denotes that the government
should play little or no role at all in the
market.
Doctrine of Parens Patriae
One of the important tasks of the
government is to act for the State as
parens patriae, or guardian of the rights of
people.
De Jure vs. De Facto Government
1. De Jure.A de jure government has
rightful title but no power or control,
either because this has been
withdrawn from it or because it has
not yet actually entered into the
exercise thereof.
2. De Facto.A de facto government is
a government of fact, that is, it
actually exercises power or control
but without legal title.
3 Kinds of de facto Government
1. The government that gets
possession and control of by force
or by voice of the majority, the
rightful legal government and
maintains itself against the will of
the latter.
2. That established as an independent
government by the inhabitants of a
country who rise in insurrection
against the parent state.
3. That which is established and
maintained by military forces who
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invade and occupy a territory of the
enemy in the course of war, and
which is denominated as a sum of the influences that operate
government of paramount force.
Government of the Philippines
Administrative Code of 1987, Sec.
2(1):
The corporate governmental entity
through the functions of the government
are exercised throughout the Philippines,
including, save as the contrary appears
from the context, various arms through
which political authority is made effective
in the Philippines, whether pertaining to
autonomous regions, provincial, city,
municipal, or barangay subdivisions or
other form of local government.
A government-owned or controlled
corporation (GOCC) engaged in proprietary
functions cannot be considered part of the
Government for purposes of exemption
from the application of the statute of
limitations.
Administration vs. Government
Administration is the group of
persons in whose hands the reins of
government are for the time being.
The administration runs the
government.
Administration is transitional
whereas the government is
permanent.
Sovereignty
Sovereignty is the supreme and
uncontrollable power inherent in a State
by which that State is governed.
Two Kinds of Sovereignty
1. Legal sovereignty.The authority
which has the power to issue final
commands.
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2. Political sovereignty.The power
behind the legal sovereign, or the
upon it.
Characteristics of Sovereignty
Permanent
Exclusive
Comprehensive
Absolute
Indivisible
Inalienable
Imprescriptible
CHAPTER IV
THE DOCTRINE OF STATE IMMUNITY
The State may not be sued without
its consent (Art. XVI, Sec. 3, 1987
Constitution).
Basis of Non-suability of State
The non-suability of the state is
based on the logical and practical
ground that there can be no legal
right against the authority which
makes the law on which the right
depends (Justice Holmes).
The demands and inconveniences of
litigation will divert the time and
resources of the State from the
more pressing matters demanding
its attention to the prejudice of the
public welfare.
Application
The test is whether, assuming the
decision is rendered against the public
officer impleaded, enforcement thereof will
require an affirmative action from the
State, such as the appropriation of the
needed amount to satisfy the judgment.
Waiver of Immunity
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The State may be sued if it gives its
consent.
Forms of Consent
1. Expressed consent.Expressed
consent may be manifested either
through a general law or special
law.
2. Implied consent.Implied consent
is given when the State itself
commences litigation or when it
enters into a contract.
When the government enters into a
contract for the State, it is then
deemed to have divested itself of
the mantle of immunity and
descended to the level of the
ordinary individual.
Immunity would be lost regardless
of the nature of the contract (Santos
vs. Santos, Lyons vs. USA).
Suability would follow only if the
contract is entered into by the
government in its proprietary
capacity (USA vs. Ruiz).
Governmental contracts do not
result in implied waiver of the
immunity of the State from suit.
Suit Against Government Agencies
If suit is against one of the
governments entities, it must be
ascertained if the principal has given its
consent to be sued.
It will depend in the first instance on
whether the government agency
impleaded is incorporated or
unincorporated.
1. Incorporated agency. It has a
charter of its own that invests it
with a separate juridical personality.
2. Unincorporated agency.It has no
separate juridical personality but is
merged in the general machinery of
the government.
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If the agency is incorporated, the
test of its suability is found in its
charter.
The test in every case is the nature
of the primary functions being
discharged.
Suability vs. Liability
The mere fact that the State is
suable does not mean that it is
liable; or, waiver of immunity by the
State does not mean concession of
its liability.
Suability is the result of the express
or implied consent of the State to
be sued.
Liability is determined after hearing
on the basis of the relevant laws
and the established facts.
CHAPTER V
FUNDAMENTAL PRINCIPLES AND
STATE POLICIES
Article II lays down the rules
underlying our system of government and
must therefore be adhered to in the
conduct of public affairs and the resolution
of public issues.
Preamble
Preamble is not considered a source
of substantive right since its
purpose is only to introduce.
Literally means to walk before.
(Praeambulus: Walking in front)
Its not merely rhetorical; it
indicates the authors of the
Constitution.
It also enumerates the primary aims
and expresses the aspirations of the
framers in drafting the Constitution.
It is a useful aid in construction and
interpretation of the text of the
Constitution.
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This power is exercised most

Republicanism effectively, at least during the
childs formative years, through the
A republic is a representative school.
government, a government fun by
and for the people. Women
The essence of republicanism is
representation and renovation, Art. II, Sec. 14 deals with the role of
the selection by their citizenry of a women in nation-building.
corps of public functionaries who
derive their mandate from the Social Justice
people and act on their behalf,
serving for a limited period only, Justice Jose P. Laurel, in Callang vs.
after which they are replaced or Williams, defined Social Justice thus:
retained at the option of their Social justice is neither
principal. communism, nor despotism, nor
atomism, nor anarchy, but the
The Defense of the State humanization of laws and the
equalization of social and economic
Art. II, Sec. 4, 1987 Constitution: forces by the State so that justice in its
all citizens may be required, under rational and objectively secular
conditions provided by law, to conception may at least be
render personal military or civil approximated.
service. Salus populi est suprema lex.The
The duty is imposed upon all welfare of the people is the
citizens. supreme law.
The duty must be personal, to
preclude the hiring by the rich of Separation of Church and State
mercenaries or professional
soldiers to take their place in the Art. II, Sec. 6 reiterates the
defense of the State. separation of Church and State shall
be inviolable.
The Incorporation Clause The doctrine cuts both ways:
o State is prohibited from
Art. II, Sec. 2: The Philippines interfering in purely
adopts the generally accepted ecclesiastical affairs;
principles of international law as o The Church is barred from
part of the law of the land meddling in purely secular
Every State is, by reasons of its matters.
membership in the family of No excessive entanglement.
nations, bound by generally
accepted principles of international Supremacy of Civilian Authority
law (doctrine of incorporation).
Art. II, Sec. 3: Civilian authority is,
Rearing of the Youth at all times, supreme over the
military. The Armed Forces of the
Art. II, Sec. 12 and Sec. 13 deal with Philippines is the protector of the
the proper rearing of the youth. people and the State. Its goal is to
secure the sovereign of the State

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and the integrity of the national
territory.
Local Autonomy
The strengthening of the local
government is based on the
Jeffersonian view that municipal
corporations are the small republics
from which the great one derives its
strength.
CHAPTER VI
SEPARATION OF POWERS
The doctrine is observed in our
country not only because it is
regarded as a characteristic of
republicanism but also for the
reason that the major powers of
government are actually distributed
by the Constitution among the
several departments and the
Constitutional Commissions.
Purpose
Doctrine of separation of powers is
intended to prevent a concentration
of authority in one person or group
of persons that might lead to an
irreversible error or abuse in its
exercise to the detriment of our
republican institutions.
According to Justice Laurel
(Pangasinan Transportation Co. vs.
PSC):
o Secure action
o Forestall overaction
o Prevent despotism
o Obtain efficiency
To achieve these purposes:
Legislative.enactment of laws and
may not enforce or apply them;
Executive.enforcement of laws
and may not enact or apply them;
Judiciary.application of laws and
may not enact or enforce them.
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The keynote of conduct of the
various agencies of the government
under the doctrine of separation of
powers is not independence but
interdependence.
Blending of Powers
There are instances under the
Constitution when powers are not
confined exclusively within one
department but are in fact assigned
to or shared by several departments
a blending of powers.
Examples:
o The enactment of general
appropriations law, which
begins with the preparation
by the President of the
budget, which becomes the
basis of the bill adopted by
the Congress and
subsequently submitted by
the President, who may then
approve it.
o The grant of amnesty by the
President which requires the
concurrence of a majority of
all members of the Congress.
o COMELEC does not alone
deputize law enforcement
agencies to ensure free,
orderly, honest, peaceful and
credible elections but does so
with the consent of the
President.
Checks and Balances
A system by which one department
is allowed to resist encroachments
upon its prerogatives or to rectify
mistakes or excesses committed by
the other departments.
Illustrations:
o Lawmaking power of the
Congress is checked by the
President through his veto
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power, which may be
overridden by the legislature.
o The Congress may refuse to
give its concurrence to an
amnesty proclaimed by the
President and the Senate to a
treaty he has concluded.
o The President may nullify a
conviction in a criminal case
by pardoning the offender
(Gloria Arroyo to Teehankee).
o The judiciary has the power
to declare invalid an act done
by Congress, the President,
and his subordinates, or the
Constitutional Commissions.
The Role of the Judiciary
The judiciary has the primordial
duty to uphold the supremacy of the
Constitution.
To determine the valid exercise of
power, the first criterion is whether
or not the power in question has
been constitutionally conferred
upon the department claiming its
exercise.
Justiciable vs. Political Questions
Justiciable questions.A purely
justiciable question implies a given
right, legally demandable and
enforceable, an act or omission
violative of such right, and a
remedy granted and sanctioned by
law, for said breach of right
(Casibang vs. Aquino).
Political questions.It connotes
what it means in ordinary parlance,
namely, a question of policy. It is
concerned with issues dependent
upon the wisdom, not legality, of a
particular measure.
Political Questions Under the New
Constitution
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Art. VIII, Sec. 1 broadens the
concept of judicial power.
It has the duty to determine
whether or not there has been a
grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any
branch or instrumentality of the
Government.
There is grave abuse of discretion:
o When an act done is contrary
to the Constitution, the law,
or jurisprudence, or
o It is executed whimsically,
capriciously, arbitrarily, out of
malice, ill will or personal
bias (Infotech vs. COMELEC)
The broadened concept of judicial
power is not meant to do away with
the political questions doctrine
itself. The concept must sometimes
yield to separation of powers, to the
doctrine on political questions or to
the enrolled bill rule.
CHAPTER VII
DELEGATION OF POWERS
Potestas delegata non delegari
potest.What has been delegated
cannot be delegated further.
The delegation of legislative power
has become the rule and its non-
delegation the exception.
Permissible Delegation
1. Delegation of tariff powers to the
President.
2. Delegation of emergency powers to
the President.
3. Delegation to the people at large.
4. Delegation to local governments.
5. Delegation to administrative bodies.
Tariff Powers
Art. VI, Sec. 28(2)
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The legislative process is much too
cumbersome for the speedy solution
of some economic problems,
especially those relating to foreign
trade.
Emergency Powers
Art. VI, Sec. 23(2)
Conditions for the vesture of emergency
powers in the President are the following:
1. There must be war or other national
emergency.
2. The delegation must be for a limited
period only.
3. The delegation must be subject to
such restrictions as the Congress
may prescribe.
4. The emergency powers must be
exercised to carry out a national
policy declared by the Congress.
Delegation to the People
Referendum.It is defined as a
method of submitting an important
legislative measure to a direct vote
of the whole people.
Plebiscite.It is intended to work
more permanent changes in the
political structure, like a proposal to
amend the Constitution.
Delegation to Local Governments
The local legislatures are more
knowledgeable than the national
lawmaking body on matters of
purely local concern and are
therefore in a better position to
enact the necessary and
appropriate legislation thereon.
Delegation to Administrative Bodies
Administrative agencies may
implement the broad policies laid
down in a statute by filling in the
details which the Congress may not
have the opportunity or
competence to provide.
This is effected by their
promulgation of what are known as
supplementary regulations, such as
the implementing rules issued by
the Department of Labor on the
Labor Code.
Tests of Delegation
The true distinction is between:
o Delegation of power to make
law (cannot be done);
o Conferring authority or
discretion as to its execution,
to be exercised under an in
pursuance of the law (no
valid objection can be made).
1. Completeness Test.The law must
be complete in all its essential
terms and conditions when it leaves
the legislature so that there will be
nothing left for the delegate to do
when it reaches him except enforce
it.
2. The Sufficient Standard Test.It is
intended to map out the boundaries
of the delegates authority by
defining the legislative policy and
indicating the circumstances under
which it is to be pursued and
effected.
Pelaez Case (Emmanuel Pelaez vs.
Auditor General)
The completeness test and
sufficient standard test must be
applied together or concurrently.