Constitutional Law Reviewer Note:
Prepared by: Katherine P. Atienza, LLB-1  The Nation indicates the relation of birth or
GENERAL OVERVIEW:
 Political Law is a branch of public law that deals
with the organization and operations of the
governmental organs of the State and defines
the relations of the Sate and defines the
relations of the State with the inhabitants of its
territory.
 This include; Constitutional Law 1 and 2,
Administrative Law, Law of Public Officers,
Election Law and Law on Municipal
Corporations.
Brief history of the past constitutions of the
Philippines:
1. 1899 Malolos Constitution
2. Philippine Organic Act
3. Jones Law 1916
4. 1935 Constitution or commonwealth
constitution
5. 1973 Constitution
6. 1986 Freedom Constitution
7. 1987 Constitution
THE 1987 Constitution is the Fourth Constitution to
govern our Nation.
 By virtue of Proclamation No. 9, President
Corazon Aquino created a Constitutional
Commission which drafted the charter.
 It was ratified by a Plebiscite held on February
2, 1987.
 It has 18 articles.
 The Constitution is the basic and paramount
law of the land, which all other laws must
conform and all persons, including the highest
official must defer. No act shall be valid no
matter how noble if it conflicts with the
constitution.
CONCEPT OF THE STATE:
State is a community of persons more or less
numerous, permanently occupying a fixe territory, and
possessed of an independent government organized for
political ends to which the great body of inhabitants
render habitual obedience.
origin and implies a common race, community
of language and customs. Racial or ethnic
concept.
 The State is the legal concept.
 The Government is only an element of the
state, the state as the principal and the
government as the agent
Essential Elements of the State:
(NOTE: Montevideo Convention specified the
accepted criteria for the establishment of a State are;
Permanent population, Defined territory, Government,
Capacity to enter into relations with other states.)
The province of North Cotabato vs. The Government
of the Republic of the PH Peace Panel and Ancestral
Domain
The memorandum agreement on ancestral domain
between the Government of Republic and the Moro
Islamic Liberation Front was an expanded version of
the ARRM, it was declared unconstitutional since the
Bangsamoro Juridical Entity is a state in all but name
as it meets the criteria of state as laid down in in the
Montevideo convention, this is a concept that the
entity has already become a state and implies that it
is on its way to independence.
1. People – the inhabitants of the state which
share and develop certain characteristics and
interests such as common set of customs and
traditions that unite them into a more closely
knit entity known as the nation.
2. Territory – is the fixed portion on the surface of
the earth inhabited by the people of the State.
The components of the territory are:
a. Land Mass or terrestrial domain.
b. Inland and external waters or maritime and
fluvial domain.
c. Air space above the land or aerial domain.
 Archipelago Doctrine: “The waters around,
between and connecting the islands of the
Archipelago, regardless of their breadth and
dimension shall form part of the internal waters
of the Philippines.”
 United Nations Convention of the Law of the Sea
(UNCLOS III) - consistent with this, the Congress
amended RA 3046 (Demarcating the baselines
 of the PH as an archipelagic State) by enacting
R.A. 9522 which made the PH complaint with
UNCLOS III.
The Maritime Zones agreed was:
a. Territorial Waters – 12 nautical miles from the
baseline.
b. Contiguous Zone – 24 nautical miles from the
baseline.
c. Exclusive economic zone – 200 nautical miles
from the baseline.
Note: Before, states acquire territory
through occupation, accretion, cession
and prescription.
Magallona Vs. Ermita
R.A. 9522 was challenged on the ground that it
reduced the PH maritime territory and opens the PH
to passage of vessels and aircraft undermining the PH
sovereignty and national security, contravene the
nuclear-free policy and damage maritime resources.
The Court held that it was not unconstitutional since;
1. It was nothing to do with acquisition or loss
of territory, since it is a multilateral treaty
among other nations, the sea-use rights over
maritime zones.
2. The PH exercise sovereignty over the body of
waters lying landward of the baselines,
including the airspace above it and other
submarine areas underneath, the UNCLOS III
operate the grant of innocent passage rights
over territorial sea or archipelagic waters,
subject to the treaty’s limitation and
condition of their exercise. No modern law
can validly invoke its sovereignty to
absolutely forbid innocent passage that is
exercised in accordance with customary
international law without risking retaliatory
measures from the international community.
It is also in adherence to the principle of
Freedom of navigation.
3. The scarborough shoal and the Kalayaan
Island Group became part of the Regime of
Islands, which generate their own applicable
maritime zones, wherein the PH still
exercises sovereignty and jurisdiction.
3. Government – is the agency or instrumentality
through which the will of the state is
formulated, expressed and realized.
The Philippines has both Democratic and
Republican Government.
The Government performs two functions:
1. Constituent – those relating to the
maintenance of peace and prevention of
crime, regulating property rights,
administration of justice, relating to
national defense and foreign relations.
- Attributes of sovereignty, MANDATORY.
2. Ministrant – those relating to promote the
welfare, progress and prosperity of the
people. OPTIONAL.
- However, these Ministrant function
while made to have been merely
optional, became MANDATORY by
virtue of the 1987 Constitution.
 Doctrine of Parens Patriae.
- The STATE is the Guardian of the rights
of the people.
 De Jure and De Facto Governments:
1. De Jure- Has rightful title but has no power
and control, either because this has been
withdrawn or because it has not yet actually
entered into the exercise thereof.
2. De Facto – government of fact, actually
exercises power or control but without legal
title.
Kinds of De Facto Government:
a. The government that gets possession
and control over the voice of majority.
Has rightful legal government.
b. Established as independent government
by the inhabitants of the country who
rise insurrection against the parent
state.
c. Established and maintained by Military
forces who invade and occupy the
territory.
Characteristics of a De Facto Government:
a. Existence is maintained by an active
military power.
b. It is obeyed in civil matters by private
citizens.
Lawyers league for a better PH vs. Aquino
The people have identified and accepted the
government of Pres. Aquino which is in effective
control of the country, moreover, the community of
nations has recognized the legitimacy of the present
government.
 Government Administration
Is the agency of the Group of people whose
State. hands rein the
Government.
Permanent Transitional
4. Sovereignty – is the supreme and uncontrollable
power inherent in a State by which the State is
governed.
2 kinds of sovereignty:
1. Legal – is the authority which has the power to
issue final commands.
2. Political – the power behind the legal one, or
the sum of the influences that operate upon it.
Sovereignty may also be internal or external. Internal
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 others states, also known as
Independence.
- Sovereignty cannot be suspended,
hence during the Japanese occupation,
they only took over the exercise of the
acts of sovereignty, not our sovereignty
itself.
- The political laws are merely
suspended, subject to revival upon
when the colonization ceases. But non -
political laws are deemed continued.
- Judicial decisions that time, when it is
Political it cease to be valid or
abrogated, whereas when it is Non-
political like civil law, it will continue in
operation.
Act of the State
- Act done by the sovereign power of the
country, or by its delegate, within the
limits of his power. It cannot be
questioned or made subject to a legal
proceedings in the court of law.
- It is an act done by the Political
Departments of the government and
not subject to judicial review.
DOCTRINE OF STATE IMMUNITY
“The State may not be sued without its consent”
It is based on a theory that there can be no legal right
against the authority which makes the law on which the
right depends.
- This Doctrine is made available also to
foreign states insofar as they are sought
to be sued by the local state. “Sovereign
Equality of the State”
- The maxim par in parem non habte
imperium or the principle that one
sovereign power cannot exercise
jurisdiction over another sovereign
power must be observed to do so
would “unduly vex the peace of the
nations”
Restrictive application of the Doctrine of State
Immunity:
1. Jure Imperii – Sovereign or Governmental acts
of the State.
2. Jure Gestionis – Commercial, private and
proprietary acts of the State.
Conditions:
 When the act of a State is a Jure Gestionis act, it
is suable since the State may be said to have
descended to the level of an individual and can
be thus deemed to have tacitly given its consent
to be sued when it enters into business
contract.
 The above condition DOES NOT apply when the
acts are Jure Imperii.
 One must determine the Character of the
contract, if it is for Profit or Sovereign act.
 An exception to the Jure Imperii rule is if in the
exercise of its Power or Imminent Domain or
acts of expropriations, such acquisition is done
without just compensation. the defense of
immunity from suit cannot be set up by the
State against an action for payment by the
owner (Delos Santos vs. IAC)
 In regard to suits against the employee of the
State, one must ascertain if the State is the real
party in interest, if the claim if proved will be a
direct liability of the State and not merely of the
officer impleaded.
 If such suit results to the use of Public Funds,
this will require that Government must perform
an affirmative act to satisfy the judgment, thus
making it a suit against the Government
without its consent.
 In the case of University of the Phil vs. Dizon the
court stated that an awards for damages would
require an Appropriation by Congress
considering that such monetary liability were
 not covered by the Appropriations earmarked
for the subject.
 The test whether a decision was rendered
against as public officer is impleaded and
enforcement will require an affirmative act of
the congress, namely an appropriation of the
needed amount to satisfy the judgment then
the suit is one against the State and its
inclusions as defendant is necessary, if proven
contrary then it is not a suit against the State.
 Where a public officer acts without or in excess
of his jurisdiction, any injury caused by him is
his own personal liability and cannot be
imputed to the State.
WAIVER OF IMMUNITY
 If the state so desires, it may divest itself of its
sovereign immunity and voluntarily open itself
to suit, in fine the State may be sued if it gives it
consent.
FORMS OF CONSENT
 Expressly
- Manifested either through a general
law or special law.
 Implied
- When the State commences litigation
or when it enters into a contract.
Example of General or Special law:
1. Act. No. 3083 “The Gov’t of the PH island
hereby consents and submits to be sued upon
any moneyed claim involving liability arising
from contract, express or implied, which could
serve as basis of civil action between parties”
2. C.A. No. 327 as amended by P.D. no. 1445
- A claim against the Government must
first be filed with the Commission on
Audit, which must act upon it within 60
days. Rejection will authorize the
claimant to elevate the matter to the
Supreme Court on certiorari and in
effect sue the State with its consent.
NOTE: a consent cannot be given by a
mere counsel of the Gov’t, it cannot be
binding upon the State (Republic vs.
Purisima).
In Ministerio vs. City of Cebu, the court
held “The Doctrine of State Immunity
cannot serve as an instrument for
perpetrating an injustice to a citizen.”
There is no thought then that the
doctrine of immunity could still be
appropriately invoked.
In Santiago Vs. Republic the Supreme
Court denied the motion, holding that
the suit could prosper because it did
not involve a money claim against State,
as the plaintiff was only seeking to
return the properties donated, he did
not even need to file his first claim with
the CO-Audit under CA 327.
- When the STATE itself files a
complaint, the defendant is entitled to
file a counterclaim against it.
- An Agreement to submit any dispute to
arbitration may be construed as an
implicit waiver of waiver of immunity
from suit.
- Finally, it should be observed, that
when the State gives its consent to be
sued, it does not hereby also consent
to the execution of the Judgment
against it.
- In the case of Republic vs. Villasor ,
Justice Teehankee stated; The well
settled universal rule that where the
State gives its consent to be sued by
private parties either by General or
Special Law, it may limit claimant’s
action ‘only up to the completion of the
proceeding anterior to the stage of
execution’ and that the power of the
courts end when the judgment is
rendered, since government funds and
properties may not be seized under
writs of execution or garnishment to
satisfy the judgment, based on
consideration of public policy.
- Disbursement of public funds must be
covered by the corresponding
appropriation as required by law. The
Functions and public services rendered
by the State cannot be allowed to be
 paralyzed or disrupted by the diversion
of public funds from their legitimate
and specific objects, as appropriated by
law.
 Under CA 327 amended by PD 1445, CO-Audit
has primary jurisdiction to examine, audit and
settle ‘all debts and claims’ of any sort due from
or owing the government or any of its
subdivision, agencies and instrumentalities,
including GOCC and their subsidiaries, with
REMEDY of course of appeal by petition for
certiorari to the SC.
 Fundamental Rule: “Governmental property
are not subject to levy and execution unless
otherwise provided for by statute”
University of the PH vs. Dizon
The Supreme Court in this case distinguished
between Government funds and properties
for public use and those not held for public
use. This is determined by the usage and
purposes for which it is held;
‘culled from Viuda de Tan Toco v. Municipal
Council of Iloilo’
1. Properties held for Public Use and
everything held for public purpose –
NOT subject to levy and sale under
execution against such corporation.
The same applies to funds in the
hands of a public officer and taxes
due to a municipal corporation.
2. Municipal Corporation owns in
its owns in its proprietary
capacity as distinguished from its
public or Government capacity,
property not used or used for a
public purpose but for quasi-
private purposes, it is the general
rule that such property MAY BE
seized and sold under execution
against the corporation.
3. Property held for public purposes
is NOT subject to execution
merely because it is temporarily
used for private purposes. If the
public use is wholly abandoned,
such property becomes subject
to execution.
SUITS AGAINST GOVERNMENT AGENCIES
 Incorporated Agency – an agency which has a
charter of its own that invests it with a separate
juridical personality. Example; Social Security
System, University of the PH, City of Manila.
 Unincorporated Agency – an agency which has
no separate juridical personality but is merged
with the general machinery of the Government.
Example; DOJ, Bureau of Mines, Government
Printing Office.
Conditions:
1. If the agency is incorporated, the test of its
suability is found in its Charter. If the
charter says it is suable it is suable
regardless of the function it is performing.
Municipal corporations for example like
Provinces and cities are agencies of the
State when they are engaged in
governmental function and therefore
should enjoy sovereign immunity from suit.
Nevertheless, they are subject to suit even
in the performance of such functions
because their charter provides that they can
and can be sued.
2. This test is not available in this case when it
is an unincorporated agency as there would
be no charter to consult.
3. The non-suability of the State is available to
the agency even if it is shown that it is
engaged not only in Governmental Function
but also, as a sideline, or incidentally, in
proprietary enterprises. (Bureau of Printing
vs. Bureau of Printing Employee’s
Association).
“While BOP is allowed to undertake private printing
jobs, it is thereby an industrial or business concern,
the additional work it executes for private parties is
merely incidental to its function, and although such
work may be deemed proprietary in character, there
is no showing that the employees performing said
proprietary function are separate and distinct from
those employed in its general governmental function.
4. An ‘Agent’ is different from merely a
‘service contractor’. (Shell PH Exploration
B.V. v. Jalos)
 EXEMPTION FROM LEGAL REQUIREMENTS
- When the State litigates, it is NOT
REQUIRED to put up a bond for
damages, or an appeal bond, since it can
be assumed that it is always solvent.
Neither can it be asked to pay legal fees
prescribed in the Rules of Court.
- Interest is also not chargeable expect
when it is expressly stipulated.
- Statutes of limitation do not run against
the State unless the contrary provided
by law, this rule is not provided where
the State is engaged in private business.
- This rule DOES NOT APPLY to GOCCs
because they have legal personalities
distinct from their shareholders, thus,
while the State is it the GOCC major
stockholder, this particular corporation
is not extended with the solvency rule.
SUABILLITY-VERSUS-LIABILITY
“The mere fact that the State is suable does not mean
that it is liable, the waiver of immunity by the State does
not mean concession of its liability.
Liability is determined after hearing on the basis of the
relevant laws and the established facts.
Suability depends when the State allows itself to be
sued, all it does in effect is to give the other party
opportunity to prove, if it can, that the State is liable.
This merely give the plaintiff a chance to prove, if it can,
that the defendant is liable. (Mun. of San Fernando, La
Union VS. Firme).
University of the PH vs. Dizon
The funds of UP are Governmental and are public in
character, Hence the funds subject of this action could
not be validly made subject to the RTCs writ of
execution or Garnishment which is not immediately
enforceable by execution because suability of the
State.
CHAPTER 5
FUNDAMENTAL PRINCIPLES AND STATE POLICIES
- This is found in Article II of the 1987 Constitution,
which is the embodiment of the State’s policies and
principles. They serve as a guide to the three branches
of the government in the exercise of their powers and
implementation of the Constitution.
Non self-executing provisions
Most provisions found under Art. 2 of the 1987
Constitution are not self-executing as most of them are
merely guides for future legislation. These are some of
the Provisions; Section 5 (Maintenance of Peace and
Order), Section 18 (labor as a primary social economic
force), ‘Social Justice provision’ are not self-executing as
they are merely guides, to give them effect, legislative
enactment is required. Section4, (Military service)
Section 26 (Political dynasties)
However, Section 16 which provides for a balanced and
healthful ecology was declared by the Supreme Court
that “They need not even be written in the Constitution
for they are assumed to exist from the inception of
human-kind” in connection with Article 15. (Oposa vs.
Factoran 1993).
Also, Section 28 was treated similarly (Policy of Public
Disclosure) as stated by the SC, it need not await
passing of a statute. As congress cannot revoke this
principle, it is merely directed to provide for reasonable
safeguards, an absence of such legislation is not an
excuse in not affecting the policy.
The 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 indepence
and democracy under the rule of law and regime of
truth, justice, freedom, love, equality and peace do
ordain and promulgate this constitution”
- The Preamble is not a source of
substantive right since its purpose is
only to introduce the constitution, it
also enumerates the primary aim and
express the aspiration of the framers in
drafting the constitution and is useful as
an aid in the construction and
 interpretation of the text of the
Constitution.
Republicanism
Section 1, Article II. – The PH is a democratic and
republican state. Sovereignty resides in the people and
all government authority emanates from them.
Democracy- is essentially a Government by the people.
Republicanism- is a representative government, a
government run for and by the People.
- This type of government is not pure
democracy where the people
themselves run the Government
directly, the essence of republicanism is
representation and renovation, the
selection in by the citizenry of a corps of
public functionaries who derive their
mandate from the people and act on
their behalf, serving for a limited period
only, after which there are replaced or
retained at the option of their principal.
- Rule of the Majority- that is greater
number of people.
- Their position is of Public Trust and are
at all times accountable to the people
Defense of the State
Section 4, Article II – The prime duty of the Government
to serve and protect the people, the Government may
call upon the people to defend the State, and in the
fulfillment thereof, all citizens may be required, under
conditions provided by law, to render personal military
or civil service.
- This provision is based on the inherent
right of every State to existence and
self-preservation.
- The pertinent law is C.A. no. 1 or the
National Defense Act.
People vs. Lagman & People vs. Zosa
The SC affirmed their conviction for charge of refusal
to register to military training as required by the C.A.
no. 1.
The national defense act does not go against the
constitution but is in faithful compliance therewith.
As the right of the Government to require
compulsory military service is a consequence of its
duty to defend the state and is reciprocal with its
duty to defend the life, liberty and property of the
citizen.
- This provision includes all gender,
including women.
- The service must be Personal.
- As for those who have conscientious or
religious scruples, they may render
service to non-combatant or civil duties.
Peace and Order
Section 5 – Peace and Order.
The Incorporation Clause
Section 2 – The PH renounces war as an instrument of
national policy, adopts a generally accepted principle as
part of international law as part of the laws of the land,
and adheres to the policy of peace, equality, justice,
freedom, cooperation and amity with all nations.
DOCTRINE OF INCORPORATION.
Every state by reason of its membership to the
family of nations bound by the generally accepted
principles of international law, are considered
automatically part of its own laws.
2 ways an international law becomes a part of domestic
law:
1. Transformation method – international law be
transformed into a domestic law through a
constitutional mechanism such as local
legislation.
2. Incorporation method – by mere constitutional
declaration (sec.2) international law is deemed
to have the force of the domestic law.
- Treaties become part of our law
through transformation.
Q: What happens when there appears to be conflict
between international law and municipal law?
- Efforts should first be exerted to
harmonize them, so as to give effect to
both. For this purpose, it should be
presumed that municipal law enacted
with proper regard for the generally
accepted rules of international law.
Q: What if such conflict is irreconcilable?
- It was held that the Statute should be
upheld because it represented an
exercise of the police power which,
being inherent could not be bargained
away or surrendered through the
medium of a treaty.
- Municipal law was also upheld against
international law on basis of separation
of powers and ‘under the rule making
powers of the SC’ (these powers are
inherent in our system)
Bayan Muna vs. Romulo
ISSUE: A treaty or executive agreement providing for
a State to waive criminal jurisdiction over foreigners
who commit crimes w/in the territory is considered
an abdication of sovereignty.
HELD: NO, on the rational that the PH has adopted
the generally accepted principles of international law
as part of the law of the land, apportion of
sovereignty may be waived without violating the
constitution. Such waiver does not amount to an
unconstitutional diminution or deprivation of
jurisdiction of PH courts.
Right to self-determination – Rights of the State to
freely determine their political status and freely pursue
their economic, social and cultural development.
 Internal Self-determination - refers to people’s
pursuit of political, economic, social and cultural
development within the framework of an
existing state.
 External Self-determination – provides for the
establishment of a sovereign or independent
state, the free association or integration with
and independent state or emergence into any
other political status freely determined by the
people.
Rearing of youth
Section 12 and 13 –Kamo na lang basa ha. Hahahahaha
Based on the theory that the better the home, the
better the nation.
DepEd vs. San Diego
‘The validity of NMAT rule that prohibits student
failing three times to take the test’ was questioned.
It is stressed that a person who does not qualify in
the NMAT is not an absolute incompetent unfit for
any work or occupation, he is probably better not for
the medical profession but for another calling.
Women
Section 14- Paki basa na lang sa Provi guys.
The Constitutionality of R.A. 9262 (VAWC) was
questioned as it violated the equal protection clause as
it applies only to women and not to men.
- The SC held that women and men are
unequal in power, women are more
likely to be victims than men, not to
mention the gender bias prejudice on
women.
Social Justice
- Social justice is neither communism,
nor despotism, nor atomism, nor
anarchy but the humanization of laws
and the equalization of social and
economic forces by the state so that
justice in its rational and objectively
secular conception may at least be
proximated.
Salus Populi est suprema lex - the welfare of an
individual yields to that of the community or the welfare
of the people shall be the supreme law.
Separation of Church and State:
Section 6. the separation of the Church and State shall
be inviolable.
- The idea is to delineate the boundaries
between the two institutions and thus
avoid encroachment by one against the
other because of misunderstanding of
the limits of their respective exclusive
jurisdictions.
- The State recognizes the fact of
beneficent influence of religion in the
enrichment of the nation’s life. insofar
as it instills into the mind the purest
principle of morality.
Supremacy of Civilian Authority:
- At all times supreme over the military.
- This is shown in Article VII, Section 18
that the President, who is civilian shall
be the commander in chief of the AFP.
Local Autonomy:
- based upon a Jeffersonian view that
municipal corporations are the small
republics from which the great one
derives its strength.
- It should be emphasized that autonomy
granted to local government is not be
understood as independence.

Others – Kindly read na lang. hihi