CONSTITUTIONAL LAW I

Atty. Antonio B. Arellano

First Period Coverage (2019)

I. DUAL CONCEPT OF LAW Modern Period Kind of Political System:

II. POLITICAL LAW DISTINGUISHED FROM Democratic System – the power of governance is vested in the people.
CONSTITUTIONAL LAW
Republican System – because the people do not exercise the power of
Political Law* – branch of public law which deals with the governance directly, but they delegate the power of governance to their
organization and operations of the governmental organs of the State and chosen representatives. Usually, through elections. Through the exercise
defines the relations of the state with the inhabitants of its territory. of the right of suffrage.

- Constitutional Law 1 Article II, Sec. 1. The Philippines is a democratic and republican
- Constitutional Law 1 State. Sovereignty resides in the people and all government authority
- Administrative Law emanates from them.
- Law of Public Officers
- Election Law
- Law on Municipal Corporations Democratic & Republican – the power or governance is no longer
centralized. Principle of shared political power. Rise of the society in the
Constitutional Law* – the particular subject of this work is a study of system.
the structure and powers of the Government of the Republic of the
Philippines. Sovereignty - It is absolute political power. Absolute political power
of governance. Absolute in the sense that it is imposed in all the
Also deals with certain basic concepts of Political Law, such as the nature inhabitants in territory, without limits.
of the State, the supremacy of the constitution, the separation of powers,
and the rule of the majority. “Can absolute power be limited?”

If the Philippines is a sovereign state, we entered into contracts and

treaties. Once we entered into the treaties, we have already limited our
JULY 4, 2019 (TSN) sovereign power by virtue of the provisions of the treaty that we have
entered into. We are a governed by the provisions of the old clause which
Individual – Formation of a Collective Unit – Collective Activities we signed. Once we agreed, we have already limited our sovereign
“politics” – Political process – Structure, Arrangement, Ways of Doing power. Hindi na sya absolute.
Things “Political System”
How do we theoretically explain it? How do the political law justify the
But remember arrangement determines behavior. Particular system also limitation on the part of the sovereign when he enters a treaty? Diba a
determines a certain kind of behavior. By changing structure, they also sovereign power has no limits? That statement is still correct. Absolute
change behavior. So that’s very important. Now this is the same concept. power is absolute because it has no limits. It includes the power to
They have to come up with certain arrangements in order to attain the limit itself. That’s why I can agree to enter into a treaty with other
objective of surviving as a collective unit. So they have to come up with sovereign state, without binding in the principle of absolute power. It is
a certain structure, and that structure includes the need to answer the the principle of self-limitation of sovereign power.
basic questions I told you last time.
Every political system must therefore have its political system. A system
Definitely, we need rules. Without rules, you cannot survive. The first of laws. The legal system is a system which consists of the totality of all
question I would ask is, who makes the rules? We need to decide on that. the laws in that political system, in that society. Every political system
Kasi if we need rules, then you have to decide kung sino ang gagawa ng carry its own political system.
rules. When there are rules, they need to decide also. Who will enforce
the rules? And thirdly, kung there will be a misunderstanding on the Totality of Laws (Legal System):
meaning of the rules, who will now say what the meaning is? Who will
interpret the rules? We’re talking about the 3 basic power of Governance. Public Law* - deals with the state and its relations with (1) other states,
(2) inhabitants of the state, (3) inhabitants of other states, (4)
__________ international entities which are given juridical personality.
3 Basic Power of Governance: Private Law* – deals with the regulations of the conduct of the private
individuals and their relations with one another.
• Legislative
• Executive
• Judiciary

Political Power of Governance: III. THE CONSTITUTION

• Rule-making Constitution – document that will limit the power of the government
• Rule-enforcement & uphold the rights of the people.
• Rule-interpretation
- Written instrument by which the fundamental powers of the
government are established, limited and defined. And by which these
Different Period of Evolution:
powers are distributed among several departments or branches of the
state for the benefit of the people.
1. Primeval Period (Tribal) — Warrior Leader
➢ Centralized Power
- It is a municipal law as distinguished from international law.
2. Medieval Period — King
➢ Centralized Power
MUNICIPAL LAW
3. Modern Period — Authoritarian
- Domestic Law
➢ Centralized Power
- Not binding on other states

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

Different Kinds of Constitution: RULING:

1. Written or Unwritten Supreme Court declared that the Memoranda issued by respondent OIC
2. Enacted or Evolved Gov on Feb 8, 1987 designating respondents as Barangay Captain and
3. Rigid or Flexible Barangay Councilmen of Barangay Dolores, Taytay, Rizal has no legal
force and effect.
1.
• Unwritten – Sources of the country’s constitution are The 1987 Constitution was ratified in a plebiscite on Feb 2, 1987,
legislations. Legislations can enact laws as a basic part of the therefore, the Provisional Constitution must be deemed to have
constitution. Constitution enacted by a parliament. In the superseded. Having become inoperative, respondent OIC Gov could no
decisions of the court on constitutional issues, and in the longer rely on Sec 2, Art 3, thereof to designate respondents to the
treaties. elective positions occupied by petitioners. Relevantly, Sec 8, Art 1 of the
• Written – Constitution of the Philippines 1987 Constitution further provides in part:

2. "Sec. 8. The term of office of elective local officials, except barangay

• Enacted – the constitution that was created through a officials, which shall be determined by law, shall be three years x x x."
constitutional convention; this convention is called to draft
the constitution. Until the term of office of barangay officials has been determined by aw,
• Evolved – they are not formulated at any definite time but is therefore, the term of office of 6 years provided for in the Barangay
rather the outcome of a political evolutionary process. Election Act of 1982 should still govern.
3.
• Rigid – One that may not be amended except through a special
process distinct from and more involved than the method of
changing ordinary laws. AMENDMENT OR REVISION
• Flexible – It may be changed in the same manner and through
the same body that enacts ordinary legislation. Basic distinction between revision and amendment is the type of change
of the existing Constitution. If the presidential set up is maintained even
__________ if all the words are affected, that is just an amendment. But, if the basic
framework is changed like there are now proposing, the French Model
DE LEON VS. ESGUERRA Federal System where there is parliamentary, it may be considered as a
153 SCRA 602 (August, 31, 1987) revision not a mere amendment.

FACTS: Article XVII - Section 1. Any amendment to, or revision of, this
On May 17, 1982, petitioner Alfredo M. De Leon was elected Barangay Constitution may be proposed by:
Captain together with the other petitioners as Barangay Councilmen of
Barangay Dolores, Muncipality of Taytay, Province of Rizal in a (1) The Congress, upon a vote of three-fourths of all its Members; or
Barangay election held under Batas Pambansa Blg. 222, otherwise (2) A constitutional convention.
known as Barangay Election Act of 1982.
Section 2. Amendments to this Constitution may likewise be directly
On February 9, 1987, petitioner De Leon received a Memorandum proposed by the people through initiative upon a petition of at least
antedated December 1, 1986 but signed by respondent OIC Governor twelve per centum of the total number of registered voters, of which
Benjamin Esguerra on February 8, 1987 designating respondent every legislative district must be represented by at least three per
Florentino G. Magno as Barangay Captain of Barangay Dolores and the centum of the registered voters therein. No amendment under this
other respondents as members of Barangay Council of the same section shall be authorized within five years following the ratification
Barangay and Municipality. of this Constitution nor oftener than once every five years thereafter.

Petitoners prayed to the Supreme Court that the subject Memoranda of The Congress shall provide for the implementation of the exercise of
February 8, 1987 be declared null and void and that respondents be this right.
prohibited by taking over their positions of Barangay Captain and
Barangay Councilmen. Section 3. The Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of all
Petitioners maintain that pursuant to Section 3 of the Barangay Election its Members, submit to the electorate the question of calling such a
Act of 1982 (BP Blg. 222), their terms of office shall be six years which convention.
shall commence on June 7, 1988 and shall continue until their
successors shall have elected and shall have qualified. It was also their Section 4. Any amendment to, or revision of, this Constitution under
position that with the ratification of the 1987 Philippine Constitution, Section 1 hereof shall be valid when ratified by a majority of the votes
respondent OIC Governor no longer has the authority to replace them cast in a plebiscite which shall be held not earlier than sixty days nor
and to designate their successors. later than ninety days after the approval of such amendment or
revision.
On the other hand, respondents contend that the terms of office of
elective and appointive officials were abolished and that petitioners Any amendment under Section 2 hereof shall be valid when ratified
continued in office by virtue of Sec. 2, Art. 3 of the Provisional by a majority of the votes cast in a plebiscite which shall be held not
Constitution and not because their term of six years had not yet expired; earlier than sixty days nor later than ninety days after the certification
and that the provision in the Barangay Election Act fixing the term of by the Commission on Elections of the sufficiency of the petition.
office of Barangay officials to six years must be deemed to have been
repealed for being inconsistent with Sec. 2, Art. 3 of the Provisional AMENDMENT* – envisages an alteration of one or few specific and
Constitution. separable provisions. To improve specific parts or to add new provisions
deemed necessary to meet new conditions or to suppress specific
ISSUE: portions that may have become obsolete or that are judged to dangerous.
Whether or not the designation of respondents to replace petitioners was (Bernas)
validly made during the one-year period which ended on Feb 25, 1987.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

- Refers to change in the constitution but does not substantially alter the At the hearing, the petitioner-intervenors appeared and on the same
basic set up or framework of the government. day, Senator Roco filed a Motion to Dismiss the Delfin Petition on the
ground that it is not the initiatory petition properly cognizable by the
REVISION* – a re-examination of the entire document, or of COMELEC.
provisions of the document which have over-all implications for the
entire document, to determine how and to what extent they should be Petitioner filed the special civil action for prohibition raising the
altered. following arguments:

- changes the basic framework of the government. • The constitutional provision on people’s initiatives to amend
the Constitution can only be implemented by a law to be
Method of Charter Change: passed by Congress.
• RA No. 6735 provides for 3 systems of initiative (Constitution,
Method Proposal Ratification statutes, local legislation) but it failed to provide any subtitle
on initiative on the Constitution.
(constituent: to propose • RA 6735 only covers laws and not constitutional amendments.
Congress amendment or revision) – • COMELEC Resolution No. 2300 (1991) to govern the conduct
¾ of all members of initiative is ultra vires (beyond legal capacity) because only
(body & assembly: for the Plebiscite, not Congress is authorized by the Constitution to pass
purpose of proposal of earlier than sixty implementing law.
charter change) 2/3 of all days nor later than
• People’s initiative is limited to amendments to the
members ninety days after
Constitution and not revision.
Constitutional the submission of
• Congress has not yet appropriated funds for people’s
Convention Majority vote of all of the the amendments or
initiatives.
Members of Congress, revision
submitting to the
ISSUES/HELD:
electorate the question of
calling such a convention.
1. Whether RA No. 6735 was intended to cover initiative on
Plebiscite, not
amendments to the Constitution – NO.
Petition of at least 12% of earlier than sixty
2. Whether that portion of COMELEC Resolution No. 2300
the total number of days nor later than
regarding the conduct of initiative on amendments to the
registered voters, of which ninety days after
Constitution is valid – NO.
Initiative every legislative district the certification by
3. Whether the COMELEC has jurisdiction over a petition solely
must be represented by at the Commission on
intended to obtain an order – NO.
least 3% of the registered Elections of the
4. Whether the lifting of term limits as proposed in the Delfin
voters therein sufficiency of the
Petition would constitute a revision or an amendment to the
petition.
Constitution – MOOT AND ACADEMIC.
5. Whether it is proper for the Supreme Court to take cognizance
INITIATIVE & REFERENDUM of the petition when there is a pending case before the
COMELEC – YES.
Article XVII. Section 2. Amendments to this Constitution may
likewise be directly proposed by the people through initiative upon a RATIO:
petition of at least twelve per centum of the total number of registered 1. Article XVII, Section 2 of the 1987 Constitution is not self-
voters of which every legislative district must be represented by at executor and RA 6735 cannot be the implementing
least three per centum of the registered voters therein. No legislation.
amendment under this section shall be authorized within five years
following the ratification of this Constitution nor oftener than once Article XVII, Section 2 of the 1987 Constitution is not self-executory. The
every five years thereafter. details for carrying out the provision are left to the legislature. The
interpellations which ensued on the modified amendment to Section 2
_________ clearly showed that it was a legislative act which must implement the
exercise of the right. Furthermore, the modified amendment confines
SANTIAGO VS. COMELEC initiative to amendments to and not revision of the Constitution.
G.R. No, 127325 (March 19, 1997) However, RA 6735 does not provide for the contents of a petition for
FACTS: initiative on the Constitution because there was no subtitle provided for
On 6 December 1996, Atty. Jesus Delfin (President of the People’s it. Hence, RA 6735 is not sufficient to be the implementing legislation
Initiative for Reforms, Modernization and Action or PIRMA) filed with for Article XVII, Section 2 of the Constitution.
COMELEC a Petition to Amend the Constitution, to Lift Term Limits of
Elective Officials (Delfin Petition) through Peoples’ Initiative based on 2. The COMELEC Resolution is not valid.
Article XVII, Section 2 of the 1987 Constitution, where Delfin asked the
COMELEC for an order: Empowering the COMELEC, an administrative body, to promulgate
• fixing the time and dates for signature gathering all over the rules and regulations is a form of delegation of legislative authority
country; under the rule that what has been delegated cannot be delegated. It will
• causing the necessary publications of the said Order in only be valid if the law a) is complete in itself; and b) fixes a standard.
newspapers of general and local circulation; and However, these requirements were not met.
• instructing Municipal Election Registrars in all regions to
assist petitioners and volunteers in establishing signing 3. COMELEC has no jurisdiction over a petition solely intended
stations at the time and dates designated for the purpose. to obtain an order.

The COMELEC through its Chairman issued an Order directing Delfin COMELEC acquires jurisdiction over a petition for initiative only after
to cause the publication of the petition; and setting the case for hearing. its filing and thus, becomes the initiatory pleading. The Delfin petition
is not an initiatory pleading since it does not contain signatures of the

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

required number of voters (under Sec 2 of Article XVII), COMELEC has twelve per centum of the total number of registered voters of which every
no jurisdiction before its filing. legislative district must be represented by at least three per centum of
the registered voters therein. x x x x (Emphasis supplied)
4. There is no need to discuss whether the petition presents an
amendment or revision of the Constitution. The framers of the Constitution intended that the “draft of the proposed
constitutional amendment” should be “ready and shown” to the people
The discussion on the issue of whether it is an amendment or a revision “before” they sign such proposal. The framers plainly stated that “before
is unnecessary if not academic since COMELEC has no jurisdiction. they sign there is already a draft shown to them.” The framers also
“envisioned” that the people should sign on the proposal itself because
5. The Supreme Court can take cognizance of the present the proponents must “prepare that proposal and pass it around for
petition for prohibition. signature.”

COMELEC has no jurisdiction so it must be stopped from proceeding The essence of amendments “directly proposed by the people through
further. Moreover, petition for prohibition is the proper remedy. In this initiative upon a petition” is that the entire proposal on its face is a
case, the writ is necessary in view of the highly divisive consequences on petition by the people. This means two essential elements must be
the body politic of the questioned Order. This political instability and present. First, the people must author and thus sign the entire proposal.
legal confusion climate begs for judicial statesmanship because only the No agent or representative can sign on their behalf. Second, as an
SC can save the nation in peril and uphold the majesty of the initiative upon a petition, the proposal must be embodied in a petition.
Constitution when the system of constitutional law is threatened.
__________ These essential elements are present only if the full text of the proposed
amendments is first shown to the people who express their assent by
LAMBINO VS. COMELEC signing such complete proposal in a petition. Thus, an amendment is
G.R. No. 174153 (October 25, 2006) “directly proposed by the people through initiative upon a petition” only
FACTS: if the people sign on a petition that contains the full text of the proposed
On 25 August 2006, Lambino et al filed a petition with the COMELEC to amendments.
hold a plebiscite that will ratify their initiative petition to change the
1987 Constitution under Section 5(b) and (c)2 and Section 73 of There is no presumption that the proponents observed the constitutional
Republic Act No. 6735 or the Initiative and Referendum Act. requirements in gathering the signatures. The proponents bear the
burden of proving that they complied with the constitutional
The Lambino Group alleged that their petition had the support of requirements in gathering the signatures – that the petition contained,
6,327,952 individuals constituting at least twelve per centum (12%) of or incorporated by attachment, the full text of the proposed
all registered voters, with each legislative district represented by at least amendments.
three per centum (3%) of its registered voters. The Lambino Group also
claimed that COMELEC election registrars had verified the signatures of The Lambino Group did not attach to their present petition with this
the 6.3 million individuals. Court a copy of the paper that the people signed as their initiative
petition. The Lambino Group submitted to this Court a copy of a
The Lambino Group’s initiative petition changes the 1987 Constitution signature sheet after the oral arguments of 26 September 2006 when
by modifying Sections 1-7 of Article VI (Legislative Department)4 and they filed their Memorandum on 11 October 2006.
Sections 1-4 of Article VII (Executive Department) and by adding Article
XVIII entitled “Transitory Provisions.” These proposed changes will 2. A Revisit of Santiago v. COMELEC is Not Necessary
shift the present Bicameral-Presidential system to a Unicameral-
Parliamentary form of government. The present petition warrants dismissal for failure to comply with the
basic requirements of Section 2, Article XVII of the Constitution on the
On 30 August 2006, the Lambino Group filed an Amended Petition with conduct and scope of a people’s initiative to amend the Constitution.
the COMELEC indicating modifications in the proposed Article XVIII There is no need to revisit this Court’s ruling in Santiago declaring RA
(Transitory Provisions) of their initiative. 6735 “incomplete, inadequate or wanting in essential terms and
conditions” to cover the system of initiative to amend the Constitution.
The COMELEC denied the petition citing Santiago v. COMELEC An affirmation or reversal of Santiago will not change the outcome of the
declaring RA 6735 inadequate to implement the initiative clause on present petition. Thus, this Court must decline to revisit Santiago which
proposals to amend the Constitution. effectively ruled that RA 6735 does not comply with the requirements of
the Constitution to implement the initiative clause on amendments to
ISSUES: the Constitution.
1. Whether the Lambino Group’s initiative petition complies
with Section 2, Article XVII of the Constitution on
amendments to the Constitution through a people’s initiative;
2. Whether this Court should revisit its ruling in Santiago
IV. STATE AS A LEGAL CONCEPT
declaring RA 6735 “incomplete, inadequate or wanting in
essential terms and conditions” to implement the initiative
A. STATE
clause on proposals to amend the Constitution; and
The State is a community of persons, more or less numerous,
HELD:
permanently occupying a fixed territory, and possessed of an
1. The Initiative Petition Does Not Comply with Section 2,
independent government organized for political ends to which the great
Article XVII of the Constitution on Direct Proposal by the
body of inhabitants render habitual obedience.
People
“What are the circumstances which makes a state?”
Section 2, Article XVII of the Constitution is the governing constitutional
provision that allows a people’s initiative to propose amendments to the
1. Revolution
Constitution. This section states:
2. Unification
3. Cessation
Sec. 2. Amendments to this Constitution may likewise be directly
proposed by the people through initiative upon a petition of at least

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

Principle of Auto-Limitation* issuance of the proper naturalization certificate and the registration
- Sovereignty is the property of the state-force due to which it thereof in the proper civil registry.
has exclusive capacity of legal self-determination and self-
restriction. Any state may be its consent, express or implied, The substantial requirements (ARCPEN) under judicial naturalization
submit to a restriction of its sovereign rights. There may thus include:
be a curtailment of what otherwise is a plenary power. 1. Age
2. Residency
State continues as juridical person as long as there are the four (4) 3. Character
elements: 4. Property
5. Education, and
1. People 6. Not otherwise disqualified by law
2. Territory
3. Government After the filing of the petition, there is publication, notice and hearing,
4. Sovereignty presentation of evidence, and then the decision. When the decision is
favorable, there will be no automatic grant of Philippine citizenship.
1. PEOPLE There shall be a two-year waiting period, the purpose of which is for the
A community of persons sufficient in number and capable of State to verify that the applicant continues to possess the qualifications
maintaining the continued existence of the community and held and none of the disqualifications.
together by a common bond of law.
After the two-year period, there will be a summary hearing to determine
ART. IV. Section 1. The following are citizens of the Philippines: whether the applicant should be granted a naturalized status. This is
[1] Those who are citizens of the Philippines at the time of the followed by the cancellation of the applicant‘s Alien Certificate of
adoption of this Constitution; Registration and the issuance of the Certificate of Naturalization.
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who Administrative Naturalization
elect Philippine citizenship upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law. Republic Act No. 9139 (The Administrative Naturalization Law of 2000)
provides that aliens born and residing in the Philippines may be granted
Philippine citizenship by administrative proceeding by filing a petition
There are only two types of Filipino citizens under the present for citizenship with the Special Committee of the DOJ, which, in view of
Constitution: natural-born and naturalized Filipinos. the facts before it, may approve the petition and issue a certificate of
naturalization.
Natural-born citizens have two operative traces:

1. The fact of Philippine citizenship at birth ART IV Section 3. Qualifications. - Subject to the provisions of the
2. The fact that there is no performance of an act to acquire or succeeding section, any person desiring to avail of the benefits of this Act must
perfect citizenship meet the following qualifications:

What offices under the Constitution require the official to be “Natural- (a) The applicant must be born in the Philippines and residing therein since
birth;
Born”?
(b) The applicant must not be less than eighteen (18) years of age, at the time
1. President (Art VII, Sec 2) of filing of his/her petition;
2. Vice –President (Art VII, Sec 3)
3. Members of Congress (Art VI, Secs 3 and 6) (c) The applicant must be of good moral character and believes in the
4. Justices of the Supreme Court and lower collegiate courts (Art underlying principles of the Constitution, and must have conducted
VIII, Sec 7) himself/herself in a proper and irreproachable manner during his/her entire
period of residence in the Philippines in his relation with the duly constituted
5. Ombudsman and his deputies (Art XI, Sec 8)
government as well as with the community in which he/she is living;
6. Constitutional Commission Members (Art IX-B, IX-C, IX-D,
Sec 1) (d) The applicant must have received his/her primary and secondary education
7. Central Monetary Authority Members (Art XII, Sec 20) in any public school or private educational institution dully recognized by the
8. Commission on Human Rights Members (Art XIII, Sec 17) Department of Education, Culture and Sports, where Philippine history,
government and civics are taught and prescribed as part of the school
Naturalized Citizens curriculum and where enrollment is not limited to any race or nationality:
Provided, That should he/she have minor children of school age, he/she must
have enrolled them in similar schools;
Among those listed in the 1987 Constitution as citizens are those who are
Filipinos by naturalization, which refers to the legal act of adopting an (e) The applicant must have a known trade, business, profession or lawful
alien and clothing him with the privilege of a citizen. occupation, from which he/she derives income sufficient for his/her support
and if he/she is married and/or has dependents, also that of his/her family:
Naturalization proceedings Provided, however, That this shall not apply to applicants who are college
degree holders but are unable to practice their profession because they are
disqualified to do so by reason of their citizenship;
Under the present laws, the process of naturalization can be:
(f) The applicant must be able to read, write and speak Filipino or any of the
1. Judicial; or dialects of the Philippines; and
2. Administrative
(g) The applicant must have mingled with the Filipinos and evinced a sincere
Judicial Naturalization desire to learn and embrace the customs, traditions and ideals of the Filipino
people. (RA 9139)
Judicially, C.A. No. 473 or The Revised Naturalization Law provides that
after hearing the petition for citizenship and receipt of evidence showing
that the petitioner has all the qualifications and none of the
disqualifications required by law, the competent court may order the

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

Requirements in administrative naturalization: Loss and Reacquisition of Citizenship

1. Age COMMONWEALTH ACT No. 63

2. Residence (since birth) (AN ACT PROVIDING FOR THE WAYS IN WHICH
PHILIPPINE CITIZENSHIP MAY BE LOST OR
Note that in judicial naturalization, the residency requirement is 10 or 5 REACQUIRED)
years (in certain cases). But in administrative naturalization, the
applicant must be residing in the Philippines since birth. Thus, applying Section 1. How citizenship may be lost. – A Filipino citizen may
RA 6809 (An Act Lowering the Age of Majority from 21 to 18 Years, lose his citizenship in any of the following ways and/or events:
Amending for the Purpose EO 209, And for Other Purposes), the
applicant must be a resident for at least 18 years since birth. (1) By naturalization in a foreign country;

3. Character (2) By express renunciation of citizenship;

4. Property (3) By subscribing to an oath of allegiance to support the constitution or

laws of a foreign country upon attaining twenty-one years of age or
In judicial naturalization, the property requirement includes ownership more: Provided, however, That a Filipino may not divest himself of
of a real estate amounting to not less than P5000, or gainful Philippine citizenship in any manner while the Republic of the
employment. In administrative naturalization, there is no more real Philippines is at war with any country;
estate with a value of at least P5000. What is merely required is gainful
employment. (4) By rendering services to, or accepting commission in, the armed
forces of a foreign country: Provided, That the rendering of service to, or
5. Education the acceptance of such commission in, the armed forces of a foreign
country, and the taking of an oath of allegiance incident thereto, with the
In judicial naturalization, only the minor children are required to attend consent of the Republic of the Philippines, shall not divest a Filipino of
to an educational institution not limited to any race or nationality. But his Philippine citizenship if either of the following circumstances is
in administrative naturalization, in addition to the minor children, the present:
applicant himself must also attend to such school.
(a) The Republic of the Philippines has a defensive and/or offensive pact
6. Not otherwise disqualified by law of alliance with the said foreign country; or

Denaturalization (b) The said foreign country maintains armed forces on Philippine
territory with the consent of the Republic of the Philippines: Provided,
This simply refers to the cancellation or the revocation of the Certificate That the Filipino citizen concerned, at the time of rendering said service,
of Naturalization. or acceptance of said commission, and taking the oath of allegiance
incident thereto, states that he does so only in connection with his
service to said foreign country: And provided, finally, That any Filipino
Section 18. Cancellation of naturalization certificate issued - Upon citizen who is rendering service to, or is commissioned in, the armed
motion made in the proper proceedings by the Solicitor General or his forces of a foreign country under any of the circumstances mentioned in
representative, or by the proper provincial fiscal, the competent judge may
paragraph (a) or (b), shall not be permitted to participate nor vote in any
cancel the naturalization certificate issued and its registration in the Civil
Registry: election of the Republic of the Philippines during the period of his
service to, or commission in, the armed forces of said foreign country.
(a) If it is shown that said naturalization certificate was obtained Upon his discharge from the service of the said foreign country, he shall
fraudulently or illegally; be automatically entitled to the full enjoyment of his civil and political
rights as a Filipino citizen;
(b) If the person naturalized shall, within the five years next following the
issuance of said naturalization certificate, return to his native country or
(5) By cancellation of the of the certificates of naturalization;
to some foreign country and establish his permanent residence there:
Provided, that the fact of the person naturalized remaining for more than
one year in his native country or the country of his former nationality, or (6) By having been declared by competent authority, a deserter of the
two years in any other foreign country, shall be considered as prima facie Philippine armed forces in time of war, unless subsequently, a plenary
evidence of his intention of taking up permanent residence in the same; pardon or amnesty has been granted; and
(c) If the petition was made on an invalid declaration of intention; (7) In the case of a woman, upon her marriage to a foreigner if, by virtue
of the laws in force in her husband's country, she acquires his
(d) If it is shown that the minor children of the person naturalized failed
to graduate from a public or private high schools of the Philippines, where nationality.
Philippine history, government and civics are taught as part of the school
curriculum through the fault of their parents either by neglecting to Section 2. How citizenship may be reacquired. – Citizenship may
support them or by transferring them to another school or schools (not be reacquired:
when they dropped out because of scholastic performance). A certified
copy of the decree cancelling the naturalization certificate shall be (1) By naturalization: Provided, That the applicant possess none of the
forwarded by the clerk of the Court to the Office of the President and the
disqualification's prescribed in section two of Act Numbered Twenty-
Solicitor-General;
nine hundred and twenty-seven,3
(e) If it is shown that the naturalized citizen has allowed himself to be used
as a dummy in violation of the Constitutional or legal provision requiring (2) By repatriation of deserters of the Army, Navy or Air Corp: Provided,
Philippine citizenship, as a requisite for the exercise, use or enjoyment of That a woman who lost her citizenship by reason of her marriage to an
a right, franchise or privilege. alien may be repatriated in accordance with the provisions of this Act
after the termination of the marital status; and

(3) By direct act of the National Assembly.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

B. TERRITORY If it is an archipelagic state, it should be, all the waters and the group of
islands within the waters inside the baseline. Outside the baseline, that
Territory is the fixed portion of the surface of the earth inhabited by the will be declared as the territorial sea and it is where the EEZ will have to
people of the State. be measured from. Only the first 12 is part of the territorial sea.

A definite territory, consisting of land and waters and the air space above The territorial, aerial, and fluvial domains come with the concept of
them and the submarine areas below them, is another essential element territory. Therefore, it will only extend up to 12 nautical miles if t is
of the modern state. water. If it is upwards, then it goes up to where technically it is already
the space. If it is below the space, then it is still part of the aerial domain.
Article I. National Territory. The national territory comprises
the Philippine archipelago, with all the islands and waters embraced The general proscription in EEZ rights would be exclusive exploration
therein, and all other territories over which the Philippines has and exploitation is reserved to the state to which the EEZ belongs. It
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and cannot be given to any other what is allowed to other states would be any
aerial domains, including its territorial sea, the seabed, the subsoil, activity which has nothing to do with the exploitation and exploration of
the insular shelves, and other submarine areas. The waters around, natural resources.
between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the The definition in Article I now covers the following territories:
Philippines.
1. Those ceded to the United States by virtue of the Treaty of
Paris of December 10, 1898.
1. Inland – inside the land 2. Those defined in the treaty concluded between the United
2. Internal Waters – waters around and connecting the islands States and Spain on November 7, 1900, which were not
3. Territorial Sea – 12 nautical miles from baseline defined in the Treaty of Paris, specifically the islands of
4. Exclusive Economic Zone (EEZ) – 200 miles from baseline Cagayan, Sulu, and Sibuto.
3. Those defined in the treaty concluded on January 2, 1930,
Principle of territoriality of criminal statutes – it would pose a problem between the United States and Great Britain, specifically the
where there is an act committed within a certain distance from the Turtle and Mangsee islands.
baseline. Of the 200–mile exclusive economic zone, we only have 12 4. The island of Batanes, which was covered under a general
nautical miles as the territorial sea. Outside of that is no longer part of statement on the 1935 Constitution.
the territorial sea and therefore any act which may be punishable under 5. Those contemplated in the phrase “belonging to the
the criminal statute in the Philippines cannot be made the basis of any Philippines by historic right or legal title” in the 1973
criminal action here because outside of the 12 nautical miles, the Constitution.
Philippines criminal statute would not apply.

But if the problem or the questions is posed as to the violation of the

rights of the state to which the EEZ belongs, then probably, that can be
claimed on but criminal statutes no longer apply.

ARCHIPELAGIC DOCTRINE*

- A body of water studded with islands or the islands

surrounded with water. It is viewed as a unity of islands and
waters forming one unit in contrast to a continent, which is a
single mass of land.

- We connect the outermost points of our archipelago with

straight baselines and consider all the waters enclosed thereby
as internal waters. The entire archipelago is regarded as one
integrated unit instead of being fragmented into so many
thousand islands.

UNCLOS defines an archipelago, supposedly, as a group of islands

surrounded with water but because of the definition of internal waters,
the interpretation of what an archipelago is it should be in relation to
body of waters studded with islands.

UNCLOS I (Convention on the Territorial Sea and the Contiguous Zone)

– the sovereign right of States parties over their ‘territorial sea,’ the
breadth of which, however, was left undetermined.

UNCLOS III (United Nations Convention on the Law of the Sea) –

C. GOVERNMENT
prescribes the water-land ratio, length, and contour of baselines of
archipelagic States like the Philippines. Coastal state should determine
The Administrative Code of 1987 defines government as:
the state of the living resources.
Section 2 (1) "Government of the Republic of the Philippines" refers
Within the baselines, we have laws on the base points and the straight
to the corporate governmental entity through which the functions of
baseline method.
government are exercised throughout the Philippines including save
as the contrary appears from the context the various arms through
Section 2. All waters within the baselines provided in section one
which political authority is made effective in the Philippines whether
hereof are considered inland or internal waters of the Philippines.
pertaining to the autonomous regions the provincial city municipal
or barangay subdivisions or other forms of local government.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

Government is the agency or instrumentality through which the will of WHEREAS, the direct mandate of the people as manifested by
the State is formulated, expressed or implies. their extraordinary action demands the complete reorganization of the
government, restoration of democracy, protection of basic rights,
Our Constitution, however, requires our government to be democratic rebuilding of confidence in the entire governmental system, eradication
and republican. of graft and corruption, restoration of peace and order and the
supremacy of civilian authority over the military, the transition to a
It has been said that “the State is an ideal person, invisible, intangible, government under a New Constitution in the shortest time possible;
immutable and existing only in contemplation of law; the government is
an agent and, within the sphere of its agency, it is a perfect WHEREAS, during the period of transition to a New
representative, but outside of that it is a lawless usurpation.” Constitution it must be guaranteed that the government will respect
basic human rights and fundamental freedoms;
The mandate of the government from the State is to promote the welfare
of the people. Accordingly, whatever good is done by the government is WHEREFORE, I, CORAZON C. AQUINO, President of the
attributed to the State but every harm inflicted on the people is imputed Philippines, by virtue of the powers vested in me by the sovereign
not to the State but to the government alone. Such injury may justify the mandate of the people, do hereby promulgate the following Provisional
replacement of the government by revolution, theoretically at the behest Constitution:
of the state, in a development known as direct State action.
DONE in the City of Manila, this 24th day of March in the year of Our
Government, as an element of a state, is defined as “that institution or Lord nineteen hundred and eighty-six
aggregate of institutions by which an independent society makes and
carries out those rules of action which are necessary to enable men to CORAZON C. AQUINO
live in a social state, or which are imposed upon the people forming that President of the Philippines
society by those who possess the power or authority of prescribing them.

De Jure Government* (as a matter of law) In essence therefore President Aquino anchored her assumption of
power on "the direct mandate of the people" when she "was installed
- is an organized government of a state which has the general through a direct exercise of [their] power" and "in defiance of the
support of the people. provisions of the 1973 Constitution.
- has rightful title but no power or control, either because this
has been withdrawn from it or because it has not yet actually Both Corazon Aquino and Ferdinand Marcos had run for the presidency
entered into the exercise thereof. under the provisions of the 1973 Constitution. On February 15, 1986, the
Batasan Pambansa, in the exercise of powers given by the 1973
De Facto Government* (as a matter of fact) Constitution, proclaimed Ferdinand Marcos president amid wide-
spread protest. Subsequently, starting on the afternoon of February 22,
- is a government which actually exercises power or control but 1986, Minister of National Defense Juan Ponce Enrile and Vice Chief of
without legal title. Staff General Fidel Ramos initiated a revolt against Ferdinand Mar- cos.
Ramos and Enrile placed their support instead behind Corazon C.
There are three kinds of de facto government: Aquino.

• the government that gets possession and control of, or usurps Completely outnumbered by the Marcos forces and confined to Camp
by force or by the voice of the majority, the rightful legal Crame and Camp Aguinaldo, the Enrile-Ramos forces could have easily
government and maintains itself against the will of the latter; been crushed by the Marcos forces. But hordes of unarmed civilians
came to their rescue by surrounding the two military camps with masses
• that established as an independent government by the of human bodies. They dared tanks and armored vehicles to come at
inhabitants of a country who rise in insurrection against the them. The civilian support given to the outnumbered Enrile-Ramos
parent state; and forces caused other military elements to switch their support to Corazon
Aquino. By the morning of February 24, 1986, after elements of the Air
• that which is established and maintained by military forces Force switched, it was all over for Mr. Marcos and all those who had
who invade and occupy a territory of the enemy in the course connived to proclaim him President under the 1973 Constitution.
of war, and which is denominated as a government of Finally, on the morning of February 25, 1986, Corazon C. Aquino, in
paramount force. defiance of the provisions of the 1973 Constitution and without the
sanction of the Batasan Pambansa which had chosen to give the
Government under the 1986 Freedom Constitution presidency to Mr. Marcos, was proclaimed first woman President of the
Philippines in simple rites held at the Club Filipino and was immediately
PROCLAMATION NO. 3 sworn in by Senior Associate Justice of the Supreme Court Claudio
DECLARING A NATIONAL POLICY TO IMPLEMENT THE Teehankee.
REFORMS MANDATED BY THE PEOPLE, PROTECT- ING
THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL Meanwhile, at almost the same time and in virtue of the Batasan
CONSTITUTION, AND PROVIDING FOR AN ORDERLY proclamation of February 15,1986, Mr. Marcos was sworn in by Chief
TRANSITION TO A GOVERNMENT UNDER A NEW Justice Ramon Aquino at Malacanang. The night of the same day, Mr.
CONSTITUTION. Marcos, accompanied by a large entourage of family and supporters,
went into exile.
WHEREAS, the new government under President Corazon C.
Aquino was installed through a direct exercise of the power of the President Aquino could have made herself subject to the provisions of
Filipino people assisted by units of the New Armed Forces of the the 1973 Constitution by allowing herself to be proclaimed by the
Philippines; Batasan. She, however, chose not to allow the Batasan members undo
their perfidy. She hoped thereby to be able to more effectively respond
WHEREAS, the heroic action of the people was done in to the extraordinary challenge thrown at her by a heroic nation which
defiance of the provisions of the 1973 Constitution, as amended; had stood against a long reigning dictator. She turned her back on the
1973 Constitution whose officials had denied her the presidency. Barred

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

by the processes of the 1973 Constitution, she chose instead to govern Justiciable and Political Question*
under a Provisional Constitution designed to enable her to meet
the people's challenge. Political questions refer to questions which the people in their sovereign
capacity will have to decide or to which full discretionary authority has
Was the government she set up, therefore, revolutionary? been granted to the political branches of the government. They are not
to be decided by the court, which refers to justiciable questions.
It was revolutionary in the sense that it came into existence in defiance
of the existing legal processes. She did not win her victory through a
protest lodged either before the Batasan or before a Presidential D. SOVEREIGNTY
Electoral Tribunal. She won it through the extra-legal action taken by
the people. Sovereignty is the supreme and uncontrollable power inherent in a State
by which that State is governed.
Was it revolutionary in the sense that it was despotic? Since the
Provisional Constitution contained a Bill of Rights which also bound the Section 1, Article II, says: "Sovereignty resides in the people and all
President and all officials of government, and since the actions of the government authority emanates from them." Sovereignty in this
President were subject to judicial review, theoretically at least it was not sentence therefore can be understood as the source of ultimate legal
despotic. But since the Provisional Constitution also conferred authority. Since the ultimate law in the Philippine system is the
extraordinary powers on the President, it can be said that the constitution, sovereignty, understood as legal sovereignty, means the
government had the potential for being despotic. In the end, therefore, power to adapt or alter a constitution. This power resides in the "people"
the answer to the question would depend on how President Aquino understood as those who have a direct hand in the formulation,
comported her- self, on how courageously the Supreme Court exercised adoption, and amendment or alteration of the Constitution
its powers to check abuse, and on the vigilance and activism of the people
who chose to install her President. There are two kinds of sovereignty, to wit, legal and political. Legal
sovereignty is the authority which has the power to issue final
Was it revolutionary in the sense that it was militaristic? The principle commands whereas political sovereignty is the power behind the legal
of civilian supremacy was enshrined in the Provisional Constitution. The sovereign, or the sum of the influences that operate upon it. In our
military leaders who initiated the February upheaval purported to act in country, the Congress is the legal sovereign, while the different sectors
support of a civilian Commander-in-Chief. The military establishment that mold public opinion make up the political sovereign.
recognized a civilian Commander-in-Chief, and a woman at that!
However, in the end, the military or non-military character of a regime Sovereignty is permanent, exclusive, comprehensive, absolute,
is shown not so much in words but in actual behavior: in the behavior of indivisible, inalienable and imprescriptible.
military as well as of civilian leaders.
Sovereign authority, moreover, is not always directly exercised by the
Was it revolutionary in the sense of being temporary? That certainly is people. It is normally delegated by the people to the government and to
what the text of the Provisional Constitution said. Admittedly, however, the concrete persons in whose hands the powers of government
temporary arrangements are rarely free from the temptation to temporarily reside. The temptation to which government personnel are
prolongation. Fortunately, one of the first things the President did was prone is to forget that public office is a public trust, and an essentially
to appoint a Constitutional Commission to draft a Constitution for temporary trust at that, and to equate every attempt to wrest that trust
presentation to the people for ratification or rejection. from them, no matter by what means, to criminal acts of subversion. It
is a temptation not easily resisted under any form of authoritarian rule.
Was the government a de facto or a de jure one?
Sovereignty of the people also includes the concept that government
In answering the question whether a government is merely de facto or officials have only the authority given them by law and defined by law,
de jure, one must state whether the question is being raised in a local law and such authority continues only with the consent of the people.
context or in an international law context. In local law, until a
government is ousted, it is not too important to ask the question. For as This is the meaning of the rule of law: a government of laws and not of
long as the government is in possession, it is the law and it is legal within men. The Constitutional Commission, however, did not consider it
the context of its structures. Once a government is ousted, how- ever, for necessary to make explicit the right of the people to oust an abusive and
the purpose of determining the validity of the actions taken by the ousted authoritarian government through non-violent means.
government, it becomes necessary to ask whether it was merely de facto
or de jure. Thus, for instance, the question could not be asked relative to “What will be the effect on the change in the legal system?”
the nature of the Japanese occupation government for as long as Japan
held sway in the Philippines. It was only after the defeat of Japan that All private law will continue to be in effect except those private laws that
the question could usefully be asked. Similarly, it was premature to ask is violative of the new political law. All political laws shall be revoked and
soon after the February Revolution whether President Aquino's will be replaced by the new political law.
government, which to all indications was in firm possession, was de jure __________
or merely de facto. If Mr. Marcos, however, had successfully
reestablished the government under the 1973 Constitution, the question WILLIAM F. PERALTA v. THE DIRECTOR OF PRISONS
could have been asked relative to the nature of the Aquino government. 75 Phil 285 | November 12, 1945
The status of a government in international law depends on the FACTS:
recognition it receives or does not receive from the community of William Peralta was prosecuted for the crime of robbery and was
nations. It is clear now that nations accept the government of President sentenced to life imprisonment as defined and penalized by Act No. 65
Aquino as the legitimate government of the Philippines. of the National Assembly of the Republic of the Philippines. The petition
for habeas corpus is based on the contention that the Court of Special
In the light of what has been said it is not surprising that, when the and Exclusive Criminal Jurisdiction created by Ordinance No. 7 was a
government under the Freedom Constitution was challenged, the political instrumentality of the military forces of Japan and which is
Supreme Court, in an en banc minute resolution did not consider the repugnant to the aims of the Commonwealth of the Philippines for it
challenge a justiciable matter and dismissed the challenge saying that does not afford fair trial and impairs the constitutional rights of the
the people had accepted the Aquino government and the community of accused.
nations had recognized its legitimacy.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

ISSUE:
Whether the creation of court by Ordinance No. 7 is constitutional. Legislative power is the authority to make laws and to alter and repeal
them. As vested by the Constitution in Congress, it is a derivative and
HELD: delegated power. "The Constitution is the work or will of the people
Yes, it is constitutional. There is no room for doubt to the validity of themselves, in their original, sovereign, and unlimited capacity. Law is
Ordinance No. 7 since the criminal jurisdiction established by the the work or will of the legislature in their derivative and sub- ordinate
invader is drawn entirely from the law martial as defined in the usages capacity. The one is the work of the Creator, and the other of the
of nations. It is merely a governmental agency. The sentence rendered, creature. The constitution fixes limits to the exercise of legislative
likewise, is good and valid since it was within the power and competence authority, and prescribes the orbit within which it must move."
of the belligerent occupant to promulgate Act No. 65. All judgments of
political complexion of the courts during Japanese regime ceased to be The 1987 Constitution, like the 1973 and 1935 Constitutions, embodies a
valid upon reoccupation of the Islands, as such, the sentence which grant of plenary legislative power to the Philippine legislature. Thus,
convicted the petitioner of a crime of a political complexion must be "any power, deemed to be legislative by usage and tradition, is
considered as having ceased to be valid. necessarily possessed by Congress, unless the organic act has lodged it
elsewhere." And in fact, Section 1 of the 1987 organic law has also given
legislative power to the electorate through the exercise of "initiative and
E. STATE POWERS referendum" as set down in Section 32.

INHERENT POWERS: As corollary to this plenary grant of legislative power, it follows that the
Congress alone can make laws and Congress may not delegate its law
1. Police Power making power. This is the principle of non-delegability of legislative
2. Eminent Domain power.
3. Taxation

These belong to the very essence of government and without them no ORTIGAS VS. FEATI BANK
government can exist. They are inherent powers and they belong to 94 SCRA 433
government as much as spirit and mind belong to the essence of a man.
A constitution does not grant such powers to government; a constitution FACTS:
can only define and delimit them and allocate their exercise among Ortigas & Co., Limited Partnership engaged in real estate business
various government agencies. The story of constitutional jurisprudence developing and selling lots to the public particularly Highway Hills
is the story of great minds striving to strike a balance between subdivision along EDSA
governmental power and personal freedom.
March 4, 1952 – Augusto Padilla y Angeles and Natividad Angeles
entered into separate agreements of sale on installments over Lots 5 and
F. POLICE POWER* 6 Block 31, Highway Hills

Jurisprudence defines police power as the plenary power vested in the July 19, 1962 – Augusto and Natividad transferred their rights and
legislature to make statutes and ordinances to promote the health, interests in favor of Emma Chavez
morals, peace, education, good order or safety and general welfare of the
people. Transfer contained the following restrictions and stipulations:
- For residential purposes only
Police power is vested primarily with the national legislature, which may - All buildings and improvements (except fences) should use
delegate the same to local governments through the enactment of strong building material, have modern sanitary installations
ordinances through their legislative bodies (the sanggunians) connected to the public sewer or own septic tank and shall not
be more than 2 meters from the boundary lines
Police power is the power of the state to promote public welfare by
restraining and regulating the use of liberty and property. It is the most Resolution 27 – Feb 4, 1960 – reclassified the western part of EDSA
pervasive, the least limitable, and the most demanding of the three (Shaw boulevard to Pasig River) as a commercial and industrial zone.
fundamental powers of the State.
Such restrictions were annotated on the TCTs
The justification is found in the Latin maxims salus populi est suprema
lex (the welfare of the people is the supreme law) and sic utere tuo ut July 23, 1962 - Feati bank bought Lot 5 from Emma Chavez while lot 6
alienum non laedas (so use your property as not to injure the property was purchased by Republic Flour Mills
of others). As an inherent attribute of sovereignty which virtually
extends to all public needs, police power grants a wide panoply of May 5, 1963 – Feati Bank began laying foundation and construction of a
instruments through which the State, as parens patriae, gives effect to a building for banking purposes on lots 5 and 6
host of its regulatory powers.
Ortigas & Co. Demanded that they comply with the annotated
The concept of police power is well-established in this jurisdiction. It has restrictions
been defined as the "state authority to enact legislation that may
interfere with personal liberty or property in order to promote the Feati Bank refused arguing that it was following the zoning regulations
general welfare."
Ortigas & Co. filed a case in the lower courts which held that Resolution
No. 27 was a valid exercise of police power of the municipality hence the
ARTICLE VI. SECTION 1. THE LEGISLATIVE POWER SHALL zoning is binding and takes precedence over the annotations in the TCTs
BE VESTED IN THE CONGRESS OF THE PHILIPPINES WHICH because “private interest should bow down to general interest and
SHALL CONSIST OF A SENATE AND A HOUSE OF welfare.”
REPRESENTATIVES, EXCEPT TO THE EXTENT RESERVED TO
THE PEOPLE BY THE PROVISION ON INITIATIVE AND March 2, 1965 – motion for reconsideration by Ortigas & Co. which was
REFERENDUM. denied on March 26, 1965

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

April 2, 1965 Ortigas filed notice of appeal which was given due course implication grant the power to the government, but limit a power which
on April 14, 1965 hence this case. would otherwise be without limit. Thus, our own Constitution provides
that;
ISSUE:
1. WON Resolution No. 27 is a valid exercise of police power SEC. 9. PRIVATE PROPERTY SHALL NOT BE TAKEN FOR
2. WON Resolution No. 27 can nullify or supersede contractual PUBLIC USE WITHOUT JUST COMPENSATION (Art. III)
obligations by Feati Bank and Trust Co.

RULING: “The right of eminent domain is usually understood to be the ultimate

1. YES it is a valid exercise police power. right of the sovereign power to appropriate, not only the public but the
2. YES it can nullify contractual obligations by Feati with Ortigas private property of all citizens within the territorial sovereignty, to
& Co. public purpose."

RATIO: The power of eminent domain is essentially legislative in nature. It is

The validity of the resolution was never assailed in the lower courts and firmly settled, however, that such power may be validly delegated to local
can therefore not be raised for the first time on appeal government units, other public entities and public utilities, although the
- The rule against flip flopping issues and arguments prevents scope of this delegated legislative power is necessarily narrower than
deception in courts that of the delegating authority and may only be exercised in strict
- Ortigas & Co. also did not dispute the factual findings of the compliance with the terms of the delegating law.
lower court on the validity of the resolution
Who can exercise this power of Eminent Domain?
Assuming arguendo it was properly raised the resolution is still valid 1. The National Government
- RA 2264 (Local Autonomy Act) Sec 3 empowers 2. Congress
municipalities to adopt zoning and subdivision ordinances or 3. The Executive, pursuant to legislation
regulations for the municipality 4. LGUs, pursuant to an ordinance
- The resolution is regulatory measure 5. Public utilities, as may be delegated by law
- RA 2264 Sec 12 à any fair and reasonable doubt as to the
existence of the power should be interpreted in favor of the Just Compensation
local government and it shall be presumed to exist à this gives
more power to LGUs to promote general welfare, economic A novel mode of measurement devised by President Marcos in
conditions, social welfare and material progress in their Presidential Decree No. 76, among others, where it was stated that the
locality measure of just compensation is the assessed value of the land or the
value declared by the owner, whichever is lower.
The non-impairment clause of contracts is not absolute since it must be
reconciled with the legitimate exercise of police power The concept of just compensation, however, embraces not only the
- when general welfare and private property rights clash, the correct determination of the amount to be paid to the owners of the land,
former must prevail through police powers of the state but also payment within a reasonable time from its taking. Without
prompt payment, compensation cannot be considered “just” inasmuch
Lots 5 and 6 front EDSA and has become surrounded by industrial and as the property owner is made to suffer the consequences of being
commercial complexes immediately deprived of his land while being made to wait for a decade
or more before actually receiving the compensation.
- Development in the area has resulted in extreme noise and air
pollution that is not conducive to health, safety and welfare of REQUISITES:
the would-be residents à justifies the usage by Feati Bank of 1. Expropriator must enter the private property.
the land for more reasonable purposes 2. Entry must be more than monetary.
3. Entry must be a warrant with legal authority.
__________ 4. Property must be for public use.
5. Public use owner must be ousted & deprived of the enjoyment of the
benefits of the property.
Conflict of contract & police power
Public use, in common acceptation, means "use by the public."
The most significant decisions on the contract clause, however, were However, the concept has expanded to include utility, advantage or
those which emphasized the superiority of police power over the sanctity productivity for the benefit of the public. To be valid, the taking must be
of contracts. for public use. The meaning of the term "public use" has evolved over
time in response to changing public needs and exigencies. Public use
which was traditionally understood as strictly limited to actual "use by
the public" has already been abandoned. "Public use" has now been held
G. EMINENT DOMAIN
to be synonymous with "public interest," "public benefit," and "public
convenience." G.R. No. 165354 January 12, 2015 REPUBLIC OF
Eminent domain is defined as “the power of the nation or a sovereign
THE PHILIPPINES, represented by the NATIONAL POWER
state to take, or to authorize the taking of, private property for a public
CORPORATION vs. HEIRS OF SATURNINO Q. BORBON, AND
use without the owner’s consent, conditioned upon payment of just
COURT OF APPEALS
compensation.”
__________
Eminent domain is the right or power of a sovereign state to appropriate
EFZA VS. DULAY
private property to particular uses to promote public welfare. It is an
149 SCRA 305
indispensable attribute of sovereignty; a power grounded in the primary
duty of government to serve the common need and advance the general
FACTS:
welfare. Thus, the right of eminent domain appertains to every
On January 15, 1979, the President of the Philippines, issued
independent government without the necessity for constitutional
Proclamation No. 1811, reserving a certain parcel of land of the public
recognition. The provisions found in modern constitutions of civilized
domain situated in the City of Lapu-Lapu, Island of Mactan, Cebu and
countries relating to the taking of property for the public use do not by

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

covering a total area of 1,193,669 square meters, more or less, for the USED FOR RELIGIOUS, HABITABLE, OR EDUCATIONAL
establishment of an export processing zone by petitioner Export PURPOSES SHALL BE EXEMPT FROM TAXATION.
Processing Zone Authority (EPZA). Not all the reserved area, however,
was public land which includes, four (4) parcels of land with an ( 4 ) NO LAW GRANTING ANY TAX EXEMPTION SHALL BE PASSED
aggregate area of 22,328 square meters owned by the private WITHOUT THE CONCURRENCE OF A MAJORITY OF ALL THE
respondent. The petitioner, therefore, offered to purchase the parcels of MEMBERS OF THE CONGRESS.
land from the respondent in acccordance with the valuation set forth in __________
Section 92, Presidential Decree (P.D.) No. 464, as amended. The parties
failed to reach an agreement regarding the sale of the property. The The power of taxation is inherent in the State and is generally vested in
petitioner filed with the then CFI of Cebu for expropriation with a prayer the legislature. Its exercise is, however, restricted by the following rules:
for the issuance of a writ of possession against the private respondent
for the purpose of establishing the Mactan Export Processing Zone. The “(1) the rule of taxation shall be uniform and equitable. The Congress
respondent judge issued a writ of possession, order of condemnation shall evolve a progressive system of taxation.”
and order to appointing certain persons as commissioners to ascertain
and report to the court the just compensation for the properties sought In addition to the limitations set forth in this provision, tax laws must be
to be expropriated. The petitioner Objection to Commissioner’s Report for public purpose. Accordingly, a tax may not be levied for the purpose
on the grounds that P.D. No. 1533 has superseded Sections 5 to 8 of Rule of paying the corporate debts of a private corporation on the pretext that
67 of the Rules of Court on the ascertainment of just compensation it is intended to ensure the stability of the fertilizer industry in the
through commissioners; and that the compensation must not exceed the country.
maximum amount set by P.D. No. 1533.
Uniformity in taxation means that persons or things belonging to the
ISSUE: same class shall be taxed at the same rate. It is distinguished from
Whether the exclusive and mandatory mode of determining just equality in taxation in that the latter requires the tax imposed to be
compensation in P.D. No. 1533 which states “Section 1. In determining determined on the basis of the value of the property. The present
just compensation for private property acquired through eminent Constitution adds that the rule of taxation shall also be equitable, which
domain proceedings, the compensation to be paid shall not exceed the means that the tax burden must be imposed according to the taxpayer’s
value declared by the owner or administrator or anyone having legal capacity to pay.
interest in the property or determined by the assessor, pursuant to the
Real Property Tax Code, whichever value is lower, prior to the According to Delegate Artemio M. Lobrin of the 1971 Constitutional
recommendation or decision of the appropriate Government office to Convention, “progressive taxation is one which tends to accelerate
acquire the property.” valid and constitutional? instead of arrest economic growth. Furthermore, to be progressive, the
tax system should be suited to the social conditions of the people.”
HELD:
No, the method of ascertaining just compensation under the aforecited A tax is a pecuniary contribution made by the persons liable, for the
decrees constitutes impermissible encroachment on judicial support of government.
prerogatives. It tends to render the Court inutile in a matter which under
the Constitution is reserved to it for final determination. Although in an The power to tax is an incident of sovereignty and is unlimited in its
expropriation proceeding the court technically would still have the range, acknowledging in its very nature no limits, so that security against
power to determine the just compensation for the property, following its abuse is to be found only in the responsibility of the legislature which
the applicable decrees, its task would be relegated to simply stating the imposes the tax on the constituency that is to pay it. It is based on the
lower value of the property as declared either by the owner or the principle that taxes are the lifeblood of the government, and their
assessor. As a necessary consequence, it would be useless for the court prompt and certain availability is an imperious need. Thus, the theory
to appoint commissioners under the Rules of Court. The determination behind the exercise of the power to tax emanates from necessity; without
of “just compensation” in eminent domain cases is a judicial function. taxes, government cannot fulfill its mandate of promoting the general
The executive department or the legislature may make the initial welfare and well-being of the people.
determinations but when a party claims a violation of the guarantee in
the Bill of Rights that private property may not be taken for public use Limitations on the Taxing Power:
without just compensation, no statute, decree, or executive order can
mandate that its own determination shall prevail over the court’s 1. The rule of taxation should be uniform
findings. Much less can the courts be precluded from looking into the
“just-ness” of the decreed compensation. Uniformity of taxation, like the kindred concept of equal protection,
merely requires that all subjects or objects of taxation, similarly situated,
are to be treated alike both in privileges and liabilities (Juan Luna
H. TAXING POWER Subdivision vs. Sarmiento, 91 Phil. 371)

SEC. 28. (1) THE RULE OF TAXATION SHALL BE UNIFORM AND 2. It should be equitable
EQUITABLE. THE CONGRESS SHALL EVOLVE A PROGRESSIVE
SYSTEM OF TAXATION. Taxation is said to be equitable when its burden falls on those better able
to pay. (G.R. Nos. L-49839-46 April 26, 1991 JOSE B. L. REYES vs.
(2) THE CONGRESS MAY, BY LAW, AUTHORIZE THE PRESIDENT PEDRO ALMANZOR)
TO FIX WITHIN SPECIFIED LIMITS, AND SUBJECT TO SUCH
LIMITATIONS AND RESTRICTIONS AS IT MAY IMPOSE, TARIFF 3. Congress should evolve a progressive system of taxation
RATES, IMPORT AND EXPORT QUOTAS, TONNAGE AND
WHARFAGE DUES, AND OTHER DUTIES OR IMPOSTS WITHIN Taxation is progressive when its rate goes up depending on the resources
THE FRAMEWORK OF THE NATIONAL DEVELOPMENT PROGRAM of the person affected.
OF THE GOVERNMENT.
What Congress is required by the Constitution to do is to "evolve a
(3) CHARITABLE INSTITUTIONS, CHURCHES AND PARSONAGES progressive system of taxation." This is a directive to Congress, just like
OR CONVENTS APPURTENANT THERETO, MOSQUES, NON- the directive to it to give priority to the enactment of laws for the
PROFIT CEMETERIES, AND ALL LANDS, BUILDINGS, AND enhancement of human dignity and the reduction of social, economic
IMPROVEMENTS ACTUALLY, DIRECTLY, AND EXCLUSIVELY and political inequalities [Art. XIII, Section 1] or for the promotion of

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

the right to "quality education" [Art. XIV, Section 1]. These provisions department is able to act without the cooperation of at least one of the
are put in the Constitution as moral incentives to legislation, not as other departments. Thus, for instance, legislation needs the final
judicially enforceable rights. (Tolentino v. Secretary of Finance, G.R. approval of the President; the President cannot act against laws passed
No. 115455, August 25, 1994, 235 SCRA 630.) by Congress and must obtain the concurrence of Congress to complete
certain significant acts; money can be released from the treasury only by
4. The power to tax must be exercised for a public purpose because the authority of Congress. The Supreme Court can declare acts of Congress
power exists for the general welfare. or of the President unconstitutional.

In accordance with the rule that the taxing power must be exercised for The purpose of separation of powers and "checks and balances" is to
public purposes only, money raised by taxation can be expended only for prevent concentration of powers in one department and thereby to avoid
public purposes and not for the advantage of private individuals. (85 tyranny. But the price paid for the insurance against tyranny is the risk
C.J.S. pp. 645-64.) of a degree of inefficiency and even the danger of gridlock. As Justice
Brandeis put it, "the doctrine of separation of powers was adopted ... not
5. The due process and equal protection clauses of the Constitution to promote efficiency but to preclude the exercise of arbitrary power. The
should be observed. purpose was not to avoid friction, but, by means of the inevitable friction
incident tot he distribution of governmental powers among the three
Under the present provisions of the Tax Code and pursuant to departments, to save the people from autocracy.”
elementary due process, taxpayers must be informed in writing of the
law and the facts upon which a tax assessment is based; otherwise, the While it is desirable that there be a certain degree of independence
assessment is void. (G.R. No. 159694 January 27, 2006 among the several constitutional agencies, it is not in the public interest
COMMISSIONER OF INTERNAL REVENUE vs. AZUCENA T. REYES) for them to deal with each other at arm’s length or with hostile jealousy
of their respective rights as this might result in frustration of the
The taxing power has the authority to make a reasonable and natural common objectives of the government. The keynote of conduct of the
classification for purposes of taxation, but the government's act must not various agencies of the government under the doctrine of separation of
be prompted by a spirit of hostility, or at the very least discrimination powers, as properly understood,, is not independence but
that finds no support in reason. It suffices then that the laws operate interdependence. The letter of the Constitution wisely declared a
equally and uniformly on all persons under similar circumstances or that “separation, but the impulse of common purpose declares a union.”
all persons must be treated in the same manner, the conditions not being
different both in the privileges conferred and the liabilities imposed.
(G.R. Nos. L-49839-46 April 26, 1991 JOSE B. L. REYES and B. DELEGATION OF POWERS
EDMUNDO A. REYES vs. PEDRO ALMANZOR)
Corollary to the doctrine of separation of powers is the principle of non-
delegation of powers. The rules is potestas delegata non delegari potest
– what has been delegated cannot be delegated. It is based upon the
V. OTHER POLITICAL LAW THEORIES & ethical principle that such delegated power constitutes not only a right
PRINCIPLES but a duty to be performed by the delegate through the instrumentality
of his own judgment and not through the intervening mind of another.
A. SEPARATION OF POWERS A further delegation of such power, unless permitted by the sovereign
power, would constitute a negation of this duty in violation of the trust
In the presidential system introduced by the 1935 Constitution which reposed in the delegate mandated to discharge it directly.
allocated the three great powers of government — legislative, executive,
and judicial — among three distinct departments, one basic corollary The principle of non-delegation of powers is applicable to all the three
was the principle of separation of powers. major powers of the government but is especially important in the case
of the legislative power because of the many instances when its
The doctrine of separation of powers is intended to prevent a delegation is permitted. The occasions are rare when executive or
concentration of authority in one person or group of persons that might judicial powers are exercised outside the departments to which they
lead to an irreversible error or abuse in its exercise to the detriment of legally pertain. In the case of the legislative power,, however, such
our republican institutions. More specifically, according to Justice instances, have become more and more frequent, if not necessary. This
Laurel, the doctrine is intended to secure action, to forestall over-action, has led to the observation that the delegation of legislative power has
to prevent despotism and to obtain efficiency. become the rule and its non-delegation the exception.

The principle of separation of powers ordains that each of the three great The reason is the increasing complexity of the task of government and
branches of government has exclusive cognizance of and is supreme in the growing inability if the legislature to cope directly with the many
matters falling within its own constitutionally allocated sphere. problems demanding its attention. The growth of society has ramified
its activities and created peculiar and sophisticated problems that the
To achieve these purposes, the legislature is generally limited to the legislature cannot be expected reasonably to comprehend. Specialization
enactment of laws and may not enforce or apply them; the executive to even in legislation has become necessary. To many of the problems
the enforcement of laws and may not enact or apply them; and the attendant upon present-day undertakings, the legislature may not have
judiciary to the application of laws and may not enact or enforce them. the competence, let alone the interest and the time, to provide the
required direct and efficacious, not to say specific, solutions.
Indeed, it has been ruled that “courts cannot limit the application or
coverage of a law, nor can it impose conditions not provided therein.” Possible Delegation
“To do so,” according to the Supreme Court, “constitutes judicial
legislation.” Delegation of legislative powers is permitted in the following cases:

In essence, separation of powers means that legislation belongs to (1) Delegation of tariff powers to the President
Congress, execution to the executive, settlement of legal controversies to (2) Delegation of emergency powers to the President.
the judiciary. Each is prevented from invading the domain of the others. (3) Delegation to the people at large.
But the separation is not total. The system allows for "checks and (4) Delegation to local governments.
balances" the net effect of which being that, in general, no one (5) Delegation to administrative bodies.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

(1) Tariff Powers (3) Delegation to the People

“Art. 6, Sec. 28 (2). The Congress may by law authorize the In republican constitutional theory, the original legislative power
President to fix within specified limits, and subject to such limitations belongs to the people who, through the Constitution, confer derivative
and restrictions as it may impose, tariff rates, import and export quotas, legislative power on the legislature. But the grant of national legislative
tonnage, and wharfage dues, and other duties or imposts, within the power to Congress under the 1987 Constitution is not exclusive. Section
framework of the national development program of the Government.” 1 says that legislative power is vested in Congress "except to the extent
reserved to the people by the provision on initiative and referendum."
The President is granted stand-by or flexible tariff powers in the Tariff This new provision derives from the lesson drawn from past experience
and Customs Code conformably to the above provision. The reason for whereby the people have realized that legislative assemblies cannot
this delegation is the necessity, not to say expediency, of giving the chief always be trusted to do what is best for the people. Hence, the people
executive the authority to act immediately on certain matters affecting have reserved to themselves the authority to correct legislative mistakes
the national economy lest delay result in hardship to the people. It is or to supplement legislative inadequacies whether on the national level
recognized that the legislative process is much too cumbersome for the or on the level of local legislation. Section 32 elaborates on this saying:
speedy solution of some economic problems, especially those relating to "The Congress shall, as early as possible, provide for a system of
foreign trade. initiative and referendum, and the exceptions therefrom, whereby the
people can directly propose and enact laws or approve or reject any act
(2) Emergency Powers or law or part thereof passed by the Congress or local legislative body
after the registration of a petition therefor signed by at least ten per
“Art. 6, Sec. 23 (2) In times of war or other national centum of the total number of registered voters, of which every
emergency, the Congress may, by law, authorize the President, for a legislative district must be represented by at least three per centum of
limited period and subject to such restrictions as it may prescribe, to the registered voters thereof." The implementing legislation is Republic
exercise powers necessary and proper to carry out a declared national Act No. 6735 entitled "An Act Providing for a System of Initiative and
policy. Unless sooner withdrawn by resolution of the Congress, such Referendum and Appropriating Funds Therefore.”
powers shall cease upon the next adjournment thereof.
The power of initiative and referendum is thus the power of the people
In times of war or other national emergency, it s not likely that a quorum directly to "propose and enact laws or approve or reject any act or law or
can be convened in the Congress to enable it to do business. Assuming part thereof passed by the Congress or local legislative body." Through
such quorum, there is still divisiveness and delay inherent in the Section 1, in connection with Section 32, the people have, in addition to
lawmaking process that may hamper effective solution of the problems their constituent power, reserved for themselves ordinary legislative
cause by the emergency. Such problems, needless to say, must be solved power through "initiative and referendum." The purpose is to
within the shortest possible time to prevent them from aggravating the institutionalize "people power" by providing for an instrument which
difficulties of the nation. can be used should the legislature show itself indifferent to the needs of
the people.
To this end, the Congress may authorize the President to exercise
emergency powers. This authority may then be discharged by him with The operationalization of initiative and referendum has been left by the
more dispatch and decisiveness than can be expected from the Congress Constitution to Congress. Although in the initial discussion of the
itself dealing with the crisis. subject, the sponsors carefully avoided describing the command to
Congress as merely directory,' the command in fact leaves to Congress
When emergency powers are delegated to the President, he becomes in the determination of the proper time for implementation. A series of
effect a constitutional dictator. But in strict legal theory, there is no total recommendations to compel Congress to pass an implementing law,
abdication of legislative authority in his favor. The conferment itself is first, "within ninety days after its initial session," and then,
supposed to be subject to certain restrictions and requirements intended "immediately," eventually took the present shape of "as early as
to make him only an agent rather than a replacement of the legislature. possible."' Explaining the meaning of the phrase Commissioner Gascon
said: "I would like all the Commissioners to seriously consider this
The conditions for the vesture of emergency powers in the President are because the whole point here is that we should assure the people that
the following: this section providing for initiative and referendum will be
[implemented] as soon as possible, and it will not remain simply
(1) There must be war or other national emergency. beautiful words in this Constitution, but will become meaningful to
(2) The delegation must be for a limited period only. them." The phrase was approved by a vote of 18 to 11.
(3) The delegation must be subject to such restrictions as the
Congress may prescribe. Other matters of detail were also left to Congress. As Commissioner
(4) The emergency powers must be exercised to carry out a Davide put it, "We ... believe that... the law itself, which will be enacted
national policy declared by the Congress. by the [Congress], will provide for everything in respect to the full
implementation of the two concepts." Everything, that is, except those
There cannot be any delegation of emergency powers in the absence of which have been fixed by the Constitution itself. Thus, Section 32
an emergency. Furthermore, the emergency powers are self-liquidating prescribes that the minimum percentage of approval required is "ten per
unless sooner withdrawn, in the sense that they will automatically cease centum of the total number of registered voters" throughout the nation
upon the of the emergency that justified their delegation. and "three per centum of the registered voters" of every legislative
district throughout the land. Both percentage requirements in
“Other national emergency” may include rebellion, economic crisis, proportion to the number of voters found in registration lists should be
pestilence or epidemic, typhoon, flood, or other similar catastrophe of satisfied.
nation-wide proportions or effect.
It should also be noted that, whereas the legislative power of Congress is
Conferment of emergency powers on the President is not mandatory on plenary, the scope of the legislative power which the people may exercise
the Congress. In the face of the worst crisis, the Congress may choose to through initiative and referendum is, according to Section 32, subject to
hold on to its legislative powers and validly refuse to delegate it; or, exceptions which Congress may impose. But can Congress give to the
should it decide to do so, limit its duration and terminate it even before President veto power over laws passed through initiative and
the end of the emergency. The emergency does not automatically confer referendum? This question was actually raised on the floor by
emergency powers on the President. Commissioner Suarez. Commissioner Davide, Chairman of the
sponsoring committee, replied, as quoted above, that Congress would

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

"provide for everything in respect to the full implementation of the two In the case of Government of the Philippine Islands v. Monte de Piedad,
concepts." What this means is that the President can have a role in contributions were collected during the Spanish regime for the relief of
"initiative and referendum" only if he is given a role by law. the victims of an earthquake but part of the money was never distributed
and instead deposited with the defendant bank. In an action for its
(4) Delegation to Local Governments recovery filed later by the government, the defendant questioned the
competence of the plaintiff, contending that the suit could be instituted
This traditional exception is based on the recognition that local only by the intended beneficiaries themselves or by their heirs. The
legislatures are more knowledgeable than the national lawmaking body Supreme Court rejected this view and upheld the right of the
on matters of purely local concern and are therefore in a better position government to file the case for the State as parens patriae in
to enact the necessary and appropriate legislation thereon. representation of the legitimate claimants.

“It is a cardinal principe of our system of government that local affairs “ART. II. SEC. 4. The State shall strengthen the family as a basic social
shall be managed by local authorities, and general affairs by the central institution. The natural right and duty of parents in the rearing of the
authority; and hence, while the rule is also fundamental that the power youth for civic efficiency and the development of moral character shall
to make laws cannot be delegated, the creation of municipalities receive the aid and support of the Government.”
exercising local self-government has never been held to trench upon that
rule. Such legislation is not regarded as a transfer of general legislative This provision also highlights the inherent duty of the state to act as
power, but rather as the grant of the authority to prescribe local parens patriae and to protect the right of persons and individuals who
regulations, according to immemorial practice, subject, of course, to the because of age or inherent incapacity are in an unfavorable position vis-
interposition of the superior in cases of necessity.” à-vis inherent connection between the duty of the state as parens
patriae and the concern of the fundamental law for the strengthening of
Accordingly, the power of eminent domain and , under the general the family as a basic social institution.
welfare clause, the police power have been expressly delegated by the
legislature to the local lawmaking bodies. The power of taxation is,
however, derived by them directly from the Constitution, subject only to D. ACTS OF STATE
limitations that may be imposed by the Congress.
An act of State is an act done by the sovereign power of a country, or by
(5) Delegation to Administrative Bodies its delegate, within the limits of the power vested in him. An act of State
cannot be questions or made the subject of legal proceedings in a court
The reasons given earlier for the delegation of legislative powers in of law.
general are particularly applicable to administrative bodies. With the
proliferation of specialized activities and their attendant peculiar With particular reference to Political Law, an act of State is an act done
problems, the national legislature has found it more and more necessary by the political departments of the government and not subject to
to entrust to administrative agencies the “power of subordinate judicial review. An illustration is the decision of the President, in the
legislation,” as it is called. exercise of his diplomatic power, to extend recognition to a newly-
established foreign State o government.
Indeed, according to the Supreme Court, “given the volume and variety
of interactions in today’s society, it s doubtful if the legislature can
promulgate laws hat will deal adequately with and respond promptly to
E. STATE IMMUNITY FROM SUIT
the minutiae of everyday life. Hence, the need to delegate to
administrative bodies – the principal agencies tasked to execute laws in
“Art. XVI. Section 3. The State may not be sued without its consent.”
their specialized fields – the authority to promulgate rules and
regulations to implement a given statute and effectuate its policies.
Sovereign Immunity
With this power, administrative bodies may implement the broad
The discussion in sovereignty is sovereign immunity from suit.
policies laid down in a statute by “filling in” the details which the
Sovereign Immunity from suit speaks of a case or a suit. Regardless of
Congress may not have the opportunity or competence to provide. This
the main defendant, even if there‘s an enumeration of who the defendant
is effected by their promulgation of what are known as supplementary
should be.
regulations, such as the implementing rules issued by the Department of
Labor on the Labor Code. These regulations have the force and effect of
When is a suit against the State?
law.
1. The Republic issued by name;
Administrative agencies may also issue contingent regulations pursuant
2. An unincorporated government entity is sued;
to a delegation of authority to determine some fact or state of things
3. A public officer is sued in his official capacity where ultimate
upon which the enforcement of a law depends. In other words, they are
liability will rest upon the state.
allowed to ascertain the existence of particular contingencies and on the
basis thereof enforce or suspend the operation of law. Such contingent
The common characterization of these or any of these cases, regardless
regulations also have the force and effect of law.
of who the main defendant is, is that, ultimate financial liability will rest
upon the state. And because no money shall be paid or public funds shall
For an administrative regulation to be valid, its promulgation must be
be paid from the public treasury except through an appropriation then
authorized by the legislature, it must be within the scope of the authority
the immunity principle will apply.
given by the legislature, it must be promulgated I accordance with the
prescribed procedure, and it must be reasonable.
The constitutional provision that the state will not be sued without its
consent is not a grant of state immunity. The provision in the
constitution is a limitation on sovereign immunity in saying that if there
C. PARENS PATRIAE is consent then it can be sued.
One of the important tasks of the government is to act for the State as So if the case will not result into any financial liability, the state
parens patriae, or guardian of the rights of the people. immunity concept must not apply. Only when there is a financial liability
arising from an adverse judgment or decision or ruling in a case.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

Consent to be Sued effectively remove them from office that they can claim
immunity. Again, not because of state immunity but because
When is there a consent? they are impeachable officers.

Consent must be express as a matter of rule or a matter of law. You have b. Then we have immunity of the president. In our jurisdiction
CA 3083 an old but still good law. This is your general law of consent on we understand that the sitting president is immune from any
any money claims arising from contracts express or implied. So any and all kinds of cases. That is why our current president is
money claims from any contract with the government you can use CA cursing our Lord. Because he knows he is immune from suit.
3083 as your express consent. Those under him, like PNP Chief Bato, could not do that. So
only the sitting president. The sitting president of the
Then you have your instances of implied consent. Instances of implied Philippines is immune from any and all types of cases, not
consent have been by reason of decisions made by the Supreme Court. only those which effectively removes him from office being an
impeachable officer. His immunity is absolute. He cannot be
1. The first is when the state enters into a business removed or be sued during his term. He can also not be sued
contract. after his term for all the effects of his official conduct. We
know that, that protection is extended to him so that he will
It is not the act of entering into a contract but rather what the nature of not refuse to act in the meantime for fear that he would be
the contract is. When the contract that is entered into is in its subject to any case after his term is over.
governmental capacity then immunity can‘t be waived. If it is entered
into in its proprietary or business capacity, then immunity is waived. So So that is the extent of the President‘s immunity:
look into the nature of the contract entered into rather than act of
entering into a contract. i. First, under state immunity as a public officer sued
in his official capacity.
The common bar questions would be on the state entering into contracts ii. Also, he can claim immunity as an impeachable
for defense. The armed forces would be entering into a contract with a officer.
foreign supplier for an aircraft or warships for national defense. Delivery iii. Finally, the full immunity as a sitting president.
was made and no full payment was made by the AFP. Can the AFP be
sued? It calls for the understanding of, “What the nature of the contract 2. Specific officers of foreign governments in the
is” and “Whether immunity applies”. country.

2. It is inequitable to claim immunity. Efficacy of consent

If you notice all cases, almost all cases when it is inequitable for the state Consent is valid from the time the case is filed up to the time the case is
to claim immunity is involving the non-payment of just compensation. decided. It cannot go beyond the decision up to the stage of execution.
When the state expropriates property without going through
expropriation proceedings the property owner has the right to demand Suability vs Liability
payment and pursue the state for the payment of just compensation.
The distinction between suability and liability. The common discussion
What do you call that action to claim? Payment for unpaid just in the cases, is that [in suability] if it is a suit against the state there must
compensation? It is referred to as inverse condemnation. Does the have to be consent before the defendant is suable. So suability is
action for inverse condemnation prescribe? The answer is no. Because it dependent on the absence or presence of consent. If there is no consent,
is constitutionally mandated that just compensation shall be paid upon the defendant is not suable. If there is consent, the defendant may be
taking of private property for public use. So if the state has actually sued.
commenced expropriation without going through expropriation
proceedings, an action for inverse condemnation can be filed, which Liability on the other hand is the determined by the evidence presented
does not prescribe, by the property owner. The property owner must be and the applicable laws on the case at hand. Even if the defendant is
paid and no need for express consent because it is inequitable for the suable, it does not mean that it is liable. Plaintiff must have to prove that
state to claim immunity from suit. the defendant is liable based on the facts and evidence presented and the
law applicable to the case.
3. When the state commences a complaint it is open to
a counterclaim. Now with respect to foreign governments or foreign states. The question
is, “Can they claim sovereign immunity in Philippine courts?”
It is under the theory that the state has is considered to have descended
to the level of an ordinary party to a case and therefore opened itself to The answer is YES. We follow the doctrine of incorporation where
any counterclaim. Actually that provision is found under CA 3083. If the generally accepted principles of international law form part of the law of
state commences an action it is open to a counterclaim by a private party. the land.

It is supposed to end there but because of the concept of immunity There are two ways which international law because part of the law of
affecting officers, there are also certain considerations on immunity the land:
where it involves public officers. When you say public officers, we refer
to: 1. Transformation – an international general legal concept is
made subject of a local legislation thereby transforming that
1. Specific officers of the Philippines in the country. international generally accepted legal concept into a local law.

a. With respect to impeachable officers. They are immune, not 2. Incorporation – we deem that to be incorporated into our
because they are considered immune under the state legal system.
immunity concept. They are immune because they are
impeachable officers. Any case cannot be filed against them, Because immunity or equality among sovereigns is a generally accepted
this would effectively remove them from office, without principle we have incorporated that in our legal system. So foreign states
impeaching them first. So the immunity of these set of officers can claim immunity from here.
is limited only when the case will effectively or would

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

Of course we follow the same characterization: country they can be deported. That is the only remedy in international
law.
1. There must have to be the state named as defendant.
2. An unincorporated foreign government entity is sued. Or a Local governments issuing resolutions declaring a person persona non
foreign government is sued in his official capacity where grata because of calling Davaoena females as mukhang hipon. If that
liability rests upon the foreign state. person comes to Davao, will he be arrested? Will he not be accepted in
3. Any adverse decision will result to financial liability on the any local hotel? That is supposed to be a concept of international law. It
part of the foreign state. could not be used in local practices.

So if it does not involve any financial liability, then state immunity Representative Ruby of Ilocos, because there was a row in the house
cannot be applied. investigating the tobacco fund in Ilocos resulting to the detention and
citing of contempt of 6 provincial employees of Ilocos Norte, Rep.
Sometimes it is called the royal prerogative of dishonesty. When the Parinas was declared personan non grata in Ilocos. So he will not be
foreign state claims immunity from suit in the local jurisdiction and they allowed to enter Ilocos Norte? Or if he enters will he be arrested?
are therefore not suable. That has been asked in the Bar exam a few years Deported? There is no local application for the concept of declaring as
back. person persona non grata except in international in relation to the so
called immunities of certain persons under the Vienna Convention of
Still in relation to or related to immunity of Non- governmental 1961.
organizations.
2. VIENNA CONVENTION ON CONSULAR RELATIONS
There are several cases in the Philippines where the SC has decided as to OF 1963
whether these non-governmental organizations are immune from the
applicability of the laws of the Philippines. Consular officials. Of course you understand the basic distinction of an
embassy official and consular official.
The general rule is that: we must look into the treaty arrangements or
agreements between the PH and those contracting countries with In embassy, they perform governmental functions. In consular, the
respect to the existence of this non-government international business side functions of the state. Like filing of visa, travel documents,
organization. employment documents, you go to the consular office.

If they are strictly international organizations without PH participation The consular officials are immune, relatively only with respect to their
– the general rule is that they are NOT IMMUNE. official duties and functions. They can be prosecuted in the host country
for violating any other law except those in relation to their official
But if the PH is a signatory to the establishment of the international non- consular duties and functions.
governmental organization the treaty normally grants them immunity
from the application of the laws of the host country where they may be That could be the difference between them and those enjoying
found. PH may be one of them. As to that type of organization, the UN diplomatic immunities under the 1961 Convention.
and all other UN based organizations are exempt. Because that is the
intent when UN was established. That they cannot be subject to the laws So that takes care of your immunities not only to the state but to certain
of the host country where they may be found. officers in the country or outside of the country in relation to diplomatic
and consular immunities.
There have been old cases even after immediately the establishment of
the UN. World Health Organization established their offices here, can
they sued for non- payment of rents? They cannot. Because we cannot
apply local laws as to them. Of course, it was just one case and they would
VI. HISTORY OF PHILIPPINE CONSTITUTIONS
of course pay because they have money to pay rents.
Emilio Aguinaldo established his headquarters in Biak-na-Bato in
1. VIENNA CONVENTION OF DIPLOMATIC
Bulacan province. The news immediately spread throughout the
IMMUNITY OF 1961
country, and the revolutionaries were once more in high spirits. General
llanera, who was in Nueva Ecija, declared his support for Aguinaldo. In
It grants absolute community to:
July 1897, Aguinaldo established the Biak-na-Bato Republic and issued
a. Heads of state
a proclamation stating the following demands:
b. Ambassadors
c. Heads of missions
- Expulsion of the friars and the return of the friar lands to the Filipinos
d. Nuncios internuncios
- Representation of the Philippines in the Spanish Cortes
e. Chargés d‘affaires
- Freedom of the press and of religion
- Abolition of the government’s power to banish Filipinos
Absolute immunity from the applicability of the laws of the host country
- Equality for all before the law.
where they are found. A few bar exams ago a question was asked: Say an
embassy of Italy was assigned to New York on official mission. That
A charter based on the Cuban Constitution was also drafted by Felix
ambassador went to PH to Pagsanjan and was arrested for pedophilia.
Ferrer and Isabelo Artacho. It was signed on November 1, 1897. The
Is he subject to the application of PH laws on child molestation?
Biak-na-Bato Constitution provided for the establishment of a Supreme
council that would serve as the highest governing body of the Republic.
The answer is YES. Because the PH is not his official station. They are
It also outlined certain basic human rights, such as freedom of religion,
ONLY immune from the applicability of the laws of the host country
freedom of the press, and the right to education. Emilio Aguinaldo and
where they are OFFICIALLY stationed. Not in any other jurisdiction.
Mariano Trias were elected Supreme Council president and vice
president, respectively.
This is where the concept of persona non grata came about. Since they
cannot be prosecuted, detained or imprisoned. They can be compelled
In 1899, the Malolos Constitution, the first Philippine Constitution—the
to leave the host country after they are declared as persona non grata in
first republican constitution in Asia—was drafted and adopted by the
the host country. Since they are no longer welcome to stay in the host
First Philippine Republic, which lasted from 1899 to 1901.

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]
 CONSTITUTIONAL LAW I
Atty. Antonio B. Arellano
First Period Coverage (2019)

During the American Occupation, the Philippines was governed by the canvassing of results and the ratification of the draft constitution. The
laws of the United States of America. Organic Acts were passed by the 1987 Constitution finally came into full force and effect that same day
United States Congress for the administration of the Government of the with the President, other civilian officials, and members of the Armed
Philippine Islands. The first was the Philippine Organic Act of 1902, Forces swearing allegiance to the new charter.
which provided for a Philippine Assembly composed of Filipino citizens.
The second was the Philippine Autonomy Act of 1916, which included COMMEMORATION OF CONSTITUTION DAY
the first pledge of Philippine independence. These laws served as
constitutions of the Philippines from 1902 to 1935. For every constitutional change the Philippines has experienced, a
corresponding proclamation was issued in order to celebrate the date
In 1934, the United States Congress passed the Philippine Independence that each charter was put into full force and effect—with the exception
Act, which set the parameters for the creation of a constitution for the the 1943 Constitution.
Philippines. The Act mandated the Philippine Legislature to call for an
election of delegates to a Constitutional Convention to draft a President Emilio Aguinaldo issued the first proclamation that celebrated
Constitution for the Philippines. The 1934 Constitutional Convention the effectiveness of a constitution in 1899 on January 23, 1899. In the
finished its work on February 8, 1935. The Constitution was submitted Proclamation, President Aguinaldo ordered the release of Spanish
to the President of the United States for certification on March 25, 1935. prisoners under the custody of the Philippine revolutionary forces, to
It was in accordance with the Philippine Independence Act of 1934. The mark the inauguration of the First Philippine Republic. No subsequent
1935 Constitution was ratified by the Filipino people through a national proclamations were issued because of the outbreak of the Philippine-
plebiscite, on May 14, 1935 and came into full force and effect on American War and the fall of the First Philippine Republic in 1901.
November 15, 1935 with the inauguration of the Commonwealth of the
Philippines. Among its provisions was that it would remain the When the United States Congress authorized the creation of a
constitution of the Republic of the Philippines once independence was constitution for the Philippines in accordance with the Tydings-
granted on July 4, 1946. Mcduffie Act of 1934, a Constitutional Convention was established to
draft a charter for the Philippines and it finished its work on February 8,
In 1940, the 1935 Constitution was amended by the National Assembly 1935. On the inauguration of the Commonwealth of the Philippines on
of the Philippines. The legislature was changed from a unicameral November 15, 1935, the new charter came into full force and effect. A
assembly to a bicameral congress. The amendment also changed the year later, President Manuel L. Quezon issued Proclamation No. 36, s.
term limit of the President of the Philippines from six years with no 1936, declaring the 8th of February of every year as Constitution Day to
reelection to four years with a possibility of being reelected for a second commemorate the completion of the 1934 Constitutional Convention’s
term. task. This commemoration was observed throughout the
Commonwealth of the Philippines and the Third Republic, up until the
During World War II the Japanese-sponsored government nullified the declaration of martial law on September 23, 1972. (President Ferdinand
1935 Constitution and appointed Preparatory Committee on Philippine E. Marcos reiterated President Quezon’s original proclamation by
Independence to replace it. The 1943 Constitution was used by the issuing Proclamation No. 10, s. 1966.)
Second Republic with Jose P. Laurel as President.
In 1973, after the declaration of martial law, the 1935 Constitution was
Upon the liberation of the Philippines in 1945, the 1935 Constitution replaced by a new charter, the 1973 Constitution. In commemoration,
came back into effect. The Constitution remained unaltered until 1947 President Marcos, repealed President Quezon’s Proclamation No. 36, s.
when the Philippine Congress called for its amendment through 1936, by virtue of Proclamation No. 1219, s. 1973, which moved
Commonwealth Act No. 733. On March 11, 1947 the Parity amendment Constitution Day from February 8 to January 17 of every year. This
gave United States citizens equal rights with Filipino citizens to develop proclamation commemorated the day when President Marcos certified
natural resources in the country and operate public utilities. The that the new Constitution had been ratified. Constitution day was
Constitution, thereafter, remained the same until the declaration of commemorated until the end of President Marcos term but was
martial law on September 23, 1972. overshadowed by the Proclamation making September 21st of every year
“Thanksgiving day”, the date indicated on Presidential Proclamation No.
Before President Marcos declared Martial Law, a Constitutional 1081, s. 1972: Martial law, however, was actually declared two days later
Convention was already in the process of deliberating on amending or when President Marcos announced it through nationwide television.
revising the 1935 Constitution. They finished their work and submitted
it to President Marcos on December 1, 1972. President Marcos submitted When democracy was restored in 1986, the 1973 Constitution was
it for ratification in early January of 1973. Foreseeing that a direct replaced by first the freedom constitution, also known as Proclamation
ratification of the constitution was bound to fail, Marcos issued No. 3, s. 1986, then our current constitution, the 1987 Constitution. This
Presidential Decree No. 86, s. 1972, creating citizens assemblies to ratify constitution came into full force and effect on February 11, 1987, after
the newly drafted constitution by means of a Viva Voce vote in place of President Corazon C. Aquino issued Proclamation No. 58, s. 1987. The
secret ballots. Marcos announced that it had been ratified and in full proclamation issued by President Aquino included the results of the
force and effect on January 17, 1973. Although the 1973 Constitution had plebiscite held on February 2, 1987.
been “ratified” in this manner, opposition against it continued. Chief
Justice Roberto V. Concepcion in his dissenting opinion in the case of After the ratification of the 1987 Constitution, President Aquino issued
Javellana v. Executive Secretary, exposed the fraud that happened Proclamation No. 211 s, 1988, which moved the commemoration of
during the citizen’s assembly ratification of the 1973 Constitution on Constitution Day from January 17 to February 2 of every year—a
January, 10 – 15, 1973. However, the final decision of this case was that proclamation still in effect to this day.
the ratification of the 1973 Constitution was valid and was in force.

When democracy was restored in 1986, President Corazon C. Aquino

issued Proclamation No. 3, suspending certain provisions of the 1973
Constitution and promulgating in its stead a transitory constitution. A
month later, President Aquino issued Proclamation No. 9, s. 1986, which
created a Constitutional Commission tasked with writing a new charter
to replace the 1973 Constitution. The commission finished its work at
12:28 a.m. of October 16, 1986. National Plebiscite was held on February
2, 1987, ratifying the new constitution. On February 11, 1987, by virtue
of Proclamation No. 58, President Aquino announced the official

JUMAMIL, VENIZA H.
[Cruz/Bernas/Montejo/Pascua/Arellano notes]