Constitutional Law 1 – Midterm Reviewer
Political Law defined. That branch of public law which
deals with the organization ,and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory [People v. Perfecto, 43 Phil. 887; Macariola v.
Asuncion, 114 SCRA 77].
In case of doubt, the provisions should be considered
self executing; mandatory rather than directory; and
prospective rather than retroactive.
Self-executing provisions. A provision which lays
down a general principle is usually not self-executing.
But a provision which is complete in itself and
becomes operative without the aid of supplementary
or enabling legislation, or that which supplies a
sufficient rule by means of which the right it grants
may be enjoyed or protected, is self-executing.
Nature. That written instrument enacted by direct
action of the people by which the fundamental
powers of the government are established, limited
and defined, and by which those powers are
distributed among the several departments for their
safe and useful exercise for the benefit of the body
politic [Malcolm, Philippine Constitutional Law, p. 6].
a constitutional provision is self-executing if the
nature and extent of the right conferred and the
liability imposed are fixed by the Constitution itself, so
that they can be determined by an examination and
construction of its terms, and there is no language
indicating that the subject is referred to the
legislature for action
Purpose. To prescribe the permanent framework of a
system of government, to assign to the several
departments their respective powers and duties, and
to establish certain first principles on which the
government is founded [11 Am. Jur. 606].
BRIEF CONSTITUTIONAL HISTORY.
Classification
1. The Malolos Constitution.
This was the first republican constitution in
Asia. The Constitution recognized that
sovereign power was vested in the people,
provided for a parliamentary government,
acknowledged separation of powers, and
contained a bill of rights.
2. The American Regime and the Organic Acts
a. The Treaty of Paris of December 10, 1898.
It provided, among others, for the cession
of the Philippine Islands by Spain to the
US.
b. US President McKinley’s Instructions of
April 7, 1900, to transform the military
into a civil government as rapidly as
conditions would permit.
c. The Spooner Amendment to the Army
Appropriation Bill of March 2, 1901. for
the establishment of a civil government
and for maintaining and protecting the
inhabitants in the free enjoyment of their
liberty, property and religion.
d. The Philippine Bill of July 1, 1902
continued the existing civil government,
with the commitment from the US
Congress to convene and organize in the
Philippines a legislative body of their own
representatives.
1. Written or unwritten
2. Enacted (Conventional) or Evolved
(Cumulative)
3. Rigid or Flexible
Qualities of a good written Constitution:
1. Broad
2. Brief
3. Definite
Essential parts of a good written Constitution:
1. Constitution of Liberty
2. Constitution of Government
3. Constitution of Sovereignty
Interpretation/Construction of the Constitution.
verba leais - whenever possible, the words used in the
Constitution must be given their ordinary meaning
except where technical terms are employed.
(Language)
ratio leqis et anima - The words of the Constitution
should be interpreted in accordance with the intent of
the framers.
ut maais valeat auam pereat - the Constitution has to
be interpreted as a whole.
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Constitutional Law 1 – Midterm Reviewer
e. The Jones Law [Philippine Autonomy Act]
of August 29, 1916. It was the principal
organic act of the Philippines until
November 15,1935, when the Philippine
Commonwealth was inaugurated.
f. The Tydings-McDuffie Act [Philippine
Independence Act] of March 24, 1934
authorized the drafting of a Constitution
for the Philippines, the establishment of a
Commonwealth Government and, after
ten years, independence.
affects only the specific provision being
amended.
two-part test.
1. quantitative test asks whether the proposed
change is so extensive in its provisions as to
change directly the “substance entirety” of
the Constitution by the deletion or alteration
of numerous provisions.
2. qualitative test, which inquires into the
qualitative effects of the proposed change in
the Constitution. The main inquiry is whether
the change will “accomplish such far-reaching
changes in the nature of our basic
governmental plan as to amount to a
revision”.
3. The 1935 Constitution
The Philippine Commonwealth established
under the Constitution was inaugurated on
November 15, 1935; full independence was
attained with the inauguration of the (Third)
Philippine Republic on July 4, 1946.
4. The Japanese (Belligerent) Occupation
October 14, 1943, the (Second) Philippine
Republic was inaugurated, with Jose P. Laurel
as President.
5. The 1973 Constitution. Presidential
Proclamation No. 1081, on September 21,
1972: Declaration of martial law by President
Ferdinand E. Marcos.
6. The 1987 Constitution. Effectivity of the 1987
Constitution: February 2, 1987, the date of
the plebiscite when the people ratified the
Constitution [De Leon v. Esguerra, 153 SCRA
602].
Lambino vs Comelec
The essence of amendments directly proposed by the
people through initiative upon a petition is that the
entire proposal on its face is a petition of the people.
Thus, two essential elements must be present: (1) The
people must author and sign the entire proposal; no
agent or representative can sign in their behalf. (2)
As an initiative upon a petition, the proposal must be
embodied in the petition.
People’s initiative applies only to an amendment,
not a revision, of the Constitution
Judicial Review: The power of the courts to test the
validity of executive and legislative acts in light of
their conformity with the Constitution. This is not an
assertion of superiority by the courts over the other
departments, but merely an expression of the
supremacy of the Constitution. The power is inherent
in the Judicial Department, by virtue of the doctrine of
separation of powers.
AMENDMENT VS. REVISION.
Lambino v. Comelec, G.R. No. 174153, October 25,
2006



Revision broadly implies a change that alters
a basic principle in the Constitution, like
altering the principle of separation of powers
or the system of checks and balances. There is
also revision if the change alters the
substantial entirety of the Constitution
Amendment broadly refers to a change that
adds, reduces, deletes, without altering the
basic principle involved.
Revision generally affects several provisions of
the Constitution; while amendment generally
Who may exercise the power. Sec. 4(2), Art. VIII of the
Constitution recognizes the power of the Supreme
Court to decide constitutional questions.
Sec. 5(2), Art. VIII, which prescribes the constitutional
appellate jurisdiction of the Supreme Court, and
implicitly recognizes the authority of lower courts to
decide questions involving the constitutionality of
laws, treaties, international agreements.
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Functions of Judicial Review



Checking
Legitimating
Symbolic [See: Salonga v. Pano, 134 SCRA 438]
IV.
Requisites of Judicial Review/lnquiry:
a. Actual case or controversy.
b. The constitutional question must be
raised by the proper party.
ELEMENTS OF A STATE.
I.
II.
People
Also known in the constitution as:
Inhabitants, Citizens, Electors.
Territory
a. National Territory – Article 1
UN Convention on the Law of the Sea
(UNCLOS) [April 30,1982; ratified by the
Philippines in August, 1983] provides (i)
Contiguous Zone of 12 miles; (ii) Exclusive
Economic Zone of 200 miles. Although the
contiguous zone and most of the exclusive
economic zone may not, technically, be
part of the territory of the .State,
nonetheless, the coastal State enjoys
preferential rights over the marine
resources found within these zones.
III.
Government may act as guardian of the
rights of people who may be
disadvantaged or suffering from some
disability or misfortune.
Sovereignty - The supreme and
uncontrollable power inherent in a State
by which that State is governed
Characteristics: permanence,
exclusiveness, comprehensiveness,
absoluteness, indivisibility, inalienability,
imprescriptibility.
Dominium refers to the capacity to own
or acquire property, including lands held
by the State in its proprietary capacity;
while Imperium is the authority
possessed by the State embraced in the
concept of sovereignty.
STATE IMMUNITY FROM SUIT. “The State cannot be
sued without its consent” [Sec. 3, Art. XVI].
There can be no legal right against the authority which
makes the law on which the right depends. However,
it may be sued if it gives consent, whether express or
implied.

Government - The agency or
instrumentality through which the will of
the State is formulated, expressed and
realized.
Government of the Philippines is “the
corporate governmental entity through
which the functions of government are
exercised throughout the Philippines,
including, save as the contrary appears
from the context, the various arms
through which political authority is made
effective in the Philippines, whether
pertaining to the autonomous regions,
the provincial, city, municipal or barangay
subdivisions or other forms of local
government" [Sec. 2 (1), Administrative
Code of 1987]
Doctrine of Parens Patriae. Literally,
parent of the people. As such, the


A foreign agent, operating within a territory,
can be cloaked with immunity from suit but
only as long as it can be established that he is
acting within the directives of the sending
State. The cloak of protection is removed the
moment the foreign agent is sued in his
individual capacity,
The United Nations, as well as its organs and
specialized agencies, are likewise beyond the
jurisdiction of local courts
Even other international organizations or
international agencies may be immune from
the jurisdiction of local courts and local
administrative tribunals
Test to determine if suit is against the State:
On the assumption that decision is rendered against
the public officer or agency impleaded
“will the enforcement thereof require an affirmative
act from the State, such as the appropriation of the
needed amount to satisfy the judgment?”
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
the suit really affects the property, rights or
interests of the State and not merely those of
the officers nominally made party defendants.

Suits against Government Agencies
a. Incorporated: If the charter provides that the
agency can sue and be sued, then suit will lie,
including one for tort
Municipal corporations are agencies of the
State when they are engaged in governmental
functions and, therefore, should enjoy the
sovereign immunity from suit. However, they
are subject to suit even in the performance of
such functions because their respective
charters provide that they can sue and be
sued. Sec. 22, Local Government Code, is the
power to sue and be sued.
b. Unincorporated: Inquire into principal
functions of the agency.
If governmental: NO suit without consent
If proprietary: suit will lie (to be sustainable
or admissible as an action or appeal)
because when the State engages in principally
proprietary functions, then it descends to the
level of a private individual, and may,
therefore, be vulnerable to suit.

immunity “cannot be used to perpetrate an
injustice”.
The unauthorized acts of government officials
are not acts of state; thus, the public officer
may be sued and held personally liable in
damages for such acts
Where the public official is sued in his
personal capacity, the doctrine of state
immunity will not apply, even if the acts
complained of were committed while the
public official was occupying a'public position.
Need for consent. In order that suit may lie against
the state, there must be consent, either express or
implied.

Express consent can be given only by an act of
the legislative body, in a general or a special
law.
 Implied Consent.
 When the State commences litigation, it
becomes vulnerable to a counterclaim.
except when the State intervenes not for the
purpose of asking for any affirmative relief,
but only for the purpose of resisting the claim
precisely because of immunity from suit
 When the State enters into a business
contract. jure imperii (sovereign acts) and in
jure gestionis (commercial or proprietary
acts).
Suit against Public Officers
The doctrine of State immunity also applies to
complaints filed against officials of the State for acts
performed by them in the discharge of their duties
within the scope of their authority.
Where the contract is in pursuit of a
sovereign activity, there is no waiver of
immunity, and no implied consent may be
derived therefrom.
exceptions when a public officer may be sued without
the prior consent of the State
Scope of Consent. Consent to be sued does not
include consent to the execution of judgment against
it.
1. to compel him to do an act required by law;
2. to restrain him from enforcing an act claimed
to be unconstitutional;
3. to compel the payment of damages from an
already appropriated assurance fund or to
refund tax over-payments from a fund already
available for the purpose;
4. to secure a judgment that the officer
impleaded may satisfy by himself without the
State having to do a positive act to assist him;
and
5. where the government itself has violated its
own laws, because the doctrine of state
Such execution will require another waiver, because
the power of the court ends when the judgment is
rendered, since government funds and properties may
not be seized under writs of execution or
garnishment, unless such disbursement is covered by
the corresponding appropriation as required by law

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But funds belonging to government
corporations (whose charters provide that
they can sue and be sued) that are deposited
Constitutional Law 1 – Midterm Reviewer
with a bank are not exempt from
garnishment
Limitations: Generally, the Bill of Rights, although in
some cases the exercise of the power prevails over
specific constitutional guarantees. The courts may
annul the improvident exercise of police power
Suability not equated with outright liability. Liability
will have to be determined by the Court on the basis
of the evidence and the applicable law.
POLICE POWER
The power of promoting public welfare by restraining
and regulating the use of liberty and property.
FUNDAMENTAL POWERS OF THE STATE
The inherent powers of the State are:
Police power is the most pervasive, the least limitable,
and the most demanding of the three powers.
(a) Police Power;
(b) Power of Eminent Domain; and
(c) Power of Taxation
salus populi est suprema lex - The welfare of the
people is the supreme law
sic utere tuo ut alienum non laedas - use your
property in such a way that you do not damage
others'
Similarities:





Inherent in the State, exercised even without
need of express constitutional grant.
Necessary and indispensable; State cannot be
effective without them.
Methods by which State interferes with
private property.
Presuppose equivalent compensation
Exercised primarily by the Legislature.


Who may exercise the power. The power is inherently
vested in the Legislature. However, Congress may
validly delegate this power to the President, to
administrative bodies and to lawmaking bodies of
local government units. Local government units
exercise the power under the general welfare clause.
Distinctions




The taxing power may be used as an
implement of police power
Eminent domain may be used as an
implement to attain the police objective
Police power regulates both liberty and
property; eminent domain and taxation affect
only property rights.
Police power and taxation are exercised only
by government; eminent domain may be
exercised by private entities.
Property taken in police power is usually
noxious or intended for a noxious purpose
and may thus be destroyed; while in eminent
domain and taxation, the property is
wholesome and devoted to public use or
purpose.
Compensation in police power is the
intangible, altruistic feeling that the individual
has contributed to the public good; in
eminent domain, it is the full and fair
equivalent of the property taken; while in
taxation, it is the protection given and/or
public improvements instituted by
government for the taxes paid.
Limitations (Tests for Valid Exercise):
a. Lawful subject - The interests of the public in
general as distinguished from those of a
particular class, require the exercise of the
power. This means that the activity or
property sought to be regulated affects the
general welfare;
b. Lawful Means: The means employed are
reasonably necessary for the accomplishment
of the purpose, and not unduly oppressive on
individuals.
The proper exercise of the police power
requires compliance with the following
requisites: (a) the interests of the public
generally, as distinguished from those of a
particular class, require the intereference by
the State; and (b) the means employed are
reasonably necessary for the attainment of
the object sought and not unduly oppressive
upon individuals.
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Additional Limitations [When exercised by delegate]:
2. Private Property - Private property already
devoted to public use cannot be expropriated
by a delegate of legislature acting under a
general grant of authority
3. Taking in the constitutional sense.
4. Public use - The term “public use” has now
been held to be synonymous with “public
interest”, “public benefit”, “public welfare”,
and “public convenience”
5. Just compensation. - The full and fair
equivalent of the property taken; it is the fair
market value of the property. It is settled that
the market value of the property is “that sum
of money which a person, desirous but not
compelled to buy, and an owner, willing but
not compelled to sell, would agree on as a
price to be given and received therefor”.
6. Due process of law. The defendant must be
given an opportunity to be heard.
a. Express grant by law
b. Within territorial limits
c. Must not be contrary to law
the Supreme Court declared that for municipal
ordinances to be valid, they:
[a] must not contravene the Constitution or any
statute;
[b] must not be unfair or oppressive;
[c] must not be partial or discriminatory;
[d] must not prohibit, but may regulate, trade;
[e] must not be unreasonable; and
[f] must be general in application and consistent with
public policy.
POWER OF EMINENT DOMAIN
Also known as the power of expropriation,
POWER OF TAXATION
Who may exercise. Primarily, the legislature; also:
local legislative bodies [Sec. 5, Art. X, Constitution];
and to a limited extent, the President when granted
delegated tariff powers [Sec. 28 (2), Art. VI],
Police power is the power of the State to promote
public welfare by restraining and regulating the use of
liberty and property. The power of eminent domain is
the inherent right of the State to condemn private
property to public use upon payment of just
compensation.
-
Limitations on the exercise.
a. Due process of law: tax should not be
confiscatory.
With the legislature primarily lies the
discretion to determine the nature, object,
extent, coverage and situs of taxation.
b. Equal protection clause: Taxes should be
uniform and equitable [Sec. 28 (1), Art. VI].
c. Public purpose. Treated as a special fund and
paid out for such purpose only; when purpose
is fulfilled, the balance, if any, shall be
transferred to the general funds of the
Government.
Sec. 9, Art. Ill of the Constitution, in
mandating that “private property shall not be
taken for public use without just
compensation”, merely imposes a limit on the
government’s exercise of this power and
provides a measure of protection to the
individual’s right to property.
Who may exercise the power. Congress and, by
delegation, the President, administrative bodies, local
government units, and even private enterprises
performing public services.
Local government units have no inherent power of
eminent domain; they can exercise the power only
when expressly authorized by the Legislature.
Double Taxation
Additional taxes are laid on the same subject by the
same taxing jurisdiction during the same taxing
period and for the same purpose.
Requisites for exercise:
1. Necessity - The issue of the necessity of the
expropriation is a matter properly addressed
to the Regional Trial Court in the course of the
expropriation proceedings.
Direct – Not allowed
Indirect – allowed
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Constitutional Law 1 – Midterm Reviewer
Tax Exemptions.
Requisite: No law granting any tax exemption shall be
passed without the concurrence of a majority of all
the Members of Congress
a. Sec. 28 (31 Art. VI: Charitable institutions,
churches and parsonages or convents
appurtenant thereto, mosques, non-profit
cemeteries, and all lands, buildings and
improvements, actually, directly and
exclusively used for religious, charitable or
educational purposes shall be exempt from
taxation.
b. Sec. 4 (3) Art. XIV: All revenues and assets of
non-stock, non-profit educational institutions
used actually, directly and exclusively for
educational purposes shall be exempt from
taxes and duties, x x x Proprietary educational
institutions, including those co-operatively
owned, may likewise be entitled to such
exemptions subject to the limitations
provided by law including restrictions on
dividends and provisions for reinvestment.
c. Sec. 4 (41 Art. XIV: Subject to conditions
prescribed by law, ail grants, endowments,
donations, or contributions used actually,
directly and exclusively for educational
purposes shall be exempt from tax.
d. Where tax exemption is granted gratuitously,
it may be revoked at will; but not if granted
for a valuable consideration.
License fee is a police measure; tax is a revenue
measure.
License fee is paid for the privilege of doing
something, and may be revoked when public interest
so requires; Tax is imposed on persons or property for
revenue.
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Constitutional Law 1 – Midterm Reviewer
PRINCIPLES AND STATE POLICIES
been delegated to the legislative or executive branch
of government. It is concerned with issues dependent
upon the wisdom, not legality, of a particular measure
Republicanism [Sec. 1. Art. II]
Separation of powers - To prevent concentration of
authority in one person or group of persons that
might lead to an irreversible error or abuse in its
exercise to the detriment of republican institutions.
Delegation of Powers
Potestas delegata non potest delegare
Permissible delegation
Principle of Blending of Powers. Instances when
powers are not confined exclusively within one
department but are assigned to or shared by several
departments, e.g., enactment of general
appropriations law.
PETAL
People - Under the 1987 Constitution, there are
specific provisions where the people have reserved to
themselves the function of legislation.
Principle of Checks and Balances. This allows one
department to resist encroachments upon its
prerogatives or to rectify mistakes or excesses
committed by the other departments, e.g., veto
power of the President as check on improvident
legislation, etc..
Emergency Powers to the President - Sec. 23(2), Art.
VI
The exercise of emergency powers, such as the taking
over of privately-owned public utilities or businesses
affected with public interest, requires a delegation
from Congress. - Sec. 17, Art. XII,
Role of the Judiciary. The judicial power, as defined in
Sec. 1, Art. VIII, “includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to
determine whether or not there has been a grave
abuse, of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government. (Judicial review)
Tariff Powers to the President - Sec. 28(2), Art. VI
The Tariff and Customs Code grants such stand-by
powers to the President.
Administrative Bodies - “The power of subordinate
legislation.”
Local Government Unit - “Such legislation (by local
governments) is not regarded as a transfer of general
legislative power, but rather as the grant of the
authority to prescribe local regulations, according to
immemorial practice, subject, of course, to the
interposition of the superior in cases of necessity”
[Peopje v. Vera, supra.].
first and safest criterion to determine whether a given
power has been validly exercised by a particular
department
whether or not the power has been constitutionally
conferred upon the department claiming its exercise
— since the conferment is usually done expressly.
This recognizes the fact that local legislatures are
more knowledgeable than the national lawmaking
body on matters of purely local concern, and are in a
better position to enact appropriate legislative
measures thereon.
Political and justiciable questions
justiciable question implies a given right, legally
demandable and enforceable, an act or omission
violative of such right, and a remedy granted and
sanctioned by law for said breach of right.
Tests for valid delegation
1. Completeness Test. The law must be
complete in all its essential terms and
conditions when it leaves the legislature so
that there will be nothing left for the delegate
to do when it reaches him except to enforce
it.
Political question’ connotes what it means in ordinary
parlance, namely a question of policy. It refers to
those questions which, under the Constitution, are to
be decided by the people in their sovereign capacity,
or in regard to which full discretionary authority has
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Constitutional Law 1 – Midterm Reviewer
2. Sufficient standard test. A sufficient standard
is intended to map out the boundaries of the
delegate’s authority by defining the legislative
policy and indicating the circumstances under
which it is to be pursued and effected.
The Incorporation Clause [Sec. 2. Art. II]
1. Renunciation of war
Defensive – yes
Offensive – no
The congress declare state of war
Doctrine of incorporation. By virtue of this clause, our
Courts have applied the rules of international law in a
number of cases even if such rules had not previously
been subject of statutory enactments, because these
generally accepted principles of international law are
automatically part of our own laws.
international law can become part of the sphere of
domestic law by:
1. transformation method requires that an
international law principle be transformed
into domestic law through a constitutional
mechanism, such as local legislation.
2. incorporation method applies when, by mere
constitutional declaration, international law is
deemed to have the force of domestic law
with situations in which there appears to be a conflict
between a rule of international law and the provisions
of the constitution or statute of the local state. Efforts
should first be exerted to harmonize them, so as to
give effect to both. In a situation, however, where the
conflict is irreconcilable and a choice has to be made
between a rule of international law and municipal
law, jurisprudence dictates that municipal law should
be upheld by the municipal courts.
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