MODULE 1

THE PHILIPPINE CONSTITUTION

MODULE I
INTRODUCTION

Lesson 1 The State

Lesson 2 The Philippine Constitution

Lesson 3 The Preamble and National Territory

Lesson 4 General Principles and State Policies

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Lesson 1

 THE STATE

STATE
It is defined as a community of persons, more or less numerous,
permanently occupying a fixed territory and possessed of an independent
government organized for political ends to which the great body of inhabitants
render habitual obedience.

CIR v. Campos Rueda

A State is a politically organized sovereign community, independent of
outside control, bound by ties of nationhood, legally supreme within its territory,
and
acting through government functioning under a regime of law.

ELEMENTS:
1. People --- inhabitants of the State
2. Territory --- fixed portion of the surface of the earth
inhabited by the people of the State
3. Government --- agency/ instrumentality through which the
will of the State is formulated, expressed, and realized
4. Sovereignty --- supreme and uncontrollable power inherent
in a State by which that State is governed

COMPONENTS OF THE PHIL STATE

A. TERRITORY
Philippine territory consists of:

- the Philippine archipelago; and

- all territories over which the Philippines has sovereignty or jurisdiction

The Archipelagic Doctrine: Bodies of water within the baseline, regardless of

breadth, form part of the archipelago and are considered as internal waters.

B. PEOPLE – There are three meanings.

1. Inhabitants, as used in:
a. “The State shall protect and promote the right to health of the people and
instill health consciousness among them.”(Sec 15. Art II)
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b. “The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.” (Sec
16, Art II)
c. “The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable x x x” (Sec 2, Art III)

Qua Chee Gan v Deportation Board (1963): The right of an individual to be

secure in his person is guaranteed by the Constitution. The same is declared a
popular right of the people and indisputably applies to both citizens and
foreigners in this country.
d. “The Congress shall give highest priority to the enactment of measures that
protect and enhance the right of all the people to human dignity, reduce social,
economic, an political inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good.” (Sec 1, Art XIII)

2. Electors, as used in:

a. “The President and the Vice-President shall be elected by direct vote of the
people” (Sec 4, Art VII)
b. “The Congress may, by law, adopt a new name for the country, a national
anthem, or a national seal, which shall all be truly reflective and symbolic of
the ideals, history, and traditions of the people. Such law shall take effect only
upon its ratification by the people in a national referendum.” (Sec 2, Art XVI)
c. “After the expiration in 1991 of the Agreement between the RP and USA
concerning Military Bases, foreign military bases, troops, or facilities shall not
be allowed in the Philippines except under a treaty duly concurred in by the
Senate and, when the Congress so requires, ratified by a majority of the votes
cast by the people in a national referendum held for that purpose, and
recognized as a treaty by the other contracting State.”(Sec 25, Art XVIII)

3. Citizens, as used in:

a. Preamble, 1987 Constitution
b. “The Philippines is a democratic and republican State. Sovereignty resides in
the people and all government authority emanates from them.” (Sec 1, Art II)
c. “The prime duty of the Government is to serve and protect the people. The
Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal military, or civil service.” (Sec 4, Art II)
d. “The right of the people to information on matters of public concern shall be
recognized. Access to official records, and to documents, and papers pertaining
to official acts, transactions, or decisions, as well as to government research
data used as basis for policy development, shall be afforded the citizen, subject
to such limitations as may be provided by law.” (Sec 7, Art III)
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C.GOVERNMENT

Definition
Sec, 2(1) Administrative Code
“ Government of the Republic of the Philippines” is defined as: “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.”
US v Door
“Government” is that institution or aggregate of institutions by which an
independent society makes and carries out those rules of action which are
necessary to enable men to live in a social state or which are imposed upon the
people forming that society by those who possess the power or authority
of prescribing them.

1. Functions
a. Constituent functions - constitute the very bonds of society;
- compulsory keeping of order and providing protection
- fixing of legal relations between man and wife, and children
- regulation of the holding, transmission and interchange of property
- define crime and punishment
- regulates and determines contract between individuals
- dealings of state with foreign powers
b. Ministrant functions - undertaken to advance the general
interests of society; optional
- public works
- public education
- public charity
- health and safety regulations
- trade and industry

2. Doctrine of parens patriae

Parens patriae is the task of the government to act as guardian

of the rights of the people. This prerogative of parens patriae is inherent in the
supreme power of every state, whether that power is lodged in a royal
person or in the legislature.

3. De jure and de facto governments

a. De jure government
- has rightful title
- no power or control, either because this has been withdrawn from it, or
because it has not yet actually entered into the exercise thereof.
b. De facto government –
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- government of fact, that is, it actually exercises power or control
- without legal title.

D. SOVEREIGNTY
- Supreme and uncontrollable power inherent in a State by which the State is
governed.
1. Kinds
a) Legal sovereignty - power to issue final commands
b) Political sovereignty - power behind the legal sovereign, or the sum total of
the influences that operate upon it
c) Internal sovereignty - power to control domestic affairs
d) External sovereignty (also known as independence) - power to direct relations
with other states

2. Theory of Auto-Limitation
It is the property of the State-force due to which a State has exclusive legal
competence of self-limitation and selfrestriction.

Tanada v Angara
Sovereignty is subject to restrictions and limitations voluntarily agreed to by the
Philippines, expressly or impliedly, as a member of the family of nations.

3. “Dominium” v “imperium”

“Dominium” – capacity of the State to own property.

It covers such rights as title to land, exploitation and use of it, and disposition
or sale of the same.

Regalian doctrine
This doctrine states that all lands of the public domain belong to the State,
and anyone claiming title has the burden to show ownership, comes within this
concept. In this capacity, the State descends to the status of ordinary persons
and thus becomes liable as such.

“Imperium” - State’s authority to govern.

It covers such activities as passing laws governing a territory, maintaining
peace and order over it, and defending it against foreign invasion.

When the State acts in this capacity, it generally enjoys sovereign immunity.

4. Jurisdiction
- Jurisdiction is the manifestation of sovereignty. The jurisdiction of the state
is understood as both its authority and the sphere of the exercise of that
authority.

KINDS:
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1.) Territorial jurisdiction - authority of the State to have all persons and things
within its territorial limits to be completely subject to its control and protection

2. ) Personal jurisdiction - authority of the State over its nationals, their

persons, property, and acts, whether within or outside its territory. (e.g. Art 15,
CC)

3. ) Extraterritorial jurisdiction - authority of the State over persons, things, or

acts, outside its territorial limits by reason of their effects to its territory

5. Suits Against the State and the Doctrine of Sovereign Immunity

The State may not be sued without its consent. (Sec 3, Art XVI). There can
be no legal right as against the authority that makes the laws on which the right
depends. [Kawananakoa v. Polyblank 205 US 349]
It is also called the doctrine of Royal Prerogative of Dishonesty

If the State is amenable to suits, all its time would be spent defending itself
from suits and this would prevent it fro performing it other functions. [Republic
v. Villasor]

A. A suit is against the State regardless of who is named the defendant if:
a. it produces adverse consequences to the public treasury in terms of
disbursement of public funds and loss of government property.
b. cannot prosper unless the State has given its consent.

B. In the following cases, it was held that the suit is not against the State:
a) when the purpose of the suit is to compel an officer charged with the duty of
making payments pursuant to an appropriation made by law in favor of the
plaintiff to make such payment, since the suit is intended to compel
performance of a ministerial duty. (Begoso v. PVA)
b) when from the allegations in the complaint, it is clear that the respondent is
a public officer sued in a private capacity;
c) when the action is not in personam with the government as the named
defendant, but an action in rem that does not name the government in
particular.

C. How the State’s consent to be sued is given:

1. Express consent
- It is effected only by the will of the legislature through the medium of a
duly enacted statute.
- This may be embodied either in a:
o general law authorizes any person who meets the conditions stated in
the law to sue the government in accordance with the procedure in the law
CA 327: an act fixing the time within which the Auditor General should should
render his decision and prescribing the manner of appeal
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o decision rendered within 60 days after receipt of necessary
information for cases involving settlement of accounts or claims
o decision rendered within 100 days from submission for accounts for
accountable officers
o decision may be appealed in writing to the President or the Supreme Court
within 30 days if aggrieved party is a private person
o appeal may be taken by the proper head of department or head of office
or branch immediately concerned
o special law may come in the form of a private bill authorizing
a named individual to bring suit on a special claim
Act 2189: Provinces, cities and municipalities shall be liable for damages for
the death or injuries suffered by any person by reason of the defective
conditions of roads, streets, public buildings and other public works under their
control and supervision

2. Implied consent

- when the State enters into a business contract or itself commences

litigation.
o State may only be liable for proprietary acts (jure gestioni) and not for
sovereign acts (jure imperii)
o When state files complaint, suability will result only where the
government is claiming affirmative relief from the defendant
- when it would be inequitable for the State to invoke its
immunity
- in instances when the State takes private property for public use or
purpose.

3. When does liability attach?

- The Government is only liable for the acts of its agents, officers and employees,
when they act as special agents within the meaning of (ART. 2180 (6) CC).
o Special agent
- one who receives a definite and fixed order or commission, foreign to
the exercise of the duties of his office if he is a special official.
- This concept does not apply to any executive agent who is an employee of
the active administration and who on his own responsibility performs the
functions which are inherent in and naturally pertain to his office and which are
regulated by law and the regulations (Merritt v. Govt of the Philippine Islands)

o Shauf v CA
- Unauthorized acts of government officials or officers are not acts of the
State, and an action against the officials or officers by one whose rights have
been invaded or violated by such acts, for the protection of his rights, is not a
suit against the State.
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- The doctrine of immunity from suit will not apply and may not be invoked
where the public official is being sued in his private and personal capacity as an
ordinary citizen, for acts without authority or in excess of the powers vested in
him.
- When the Government creates a corporation, it invariably provides this
corporation a separate entity and with the capacity to sue and be sued.
 Consent to be sued includes actions based on quasi-delict even
though committed by regular, and not special, agents.
 Rule: a government entity can be sued for tort, but if it is,
it can invoke the defense that it acted through its regular
employee, and not through a special agent.

The principle of State immunity from suit does not apply when the relief
demanded requires no affirmative official action on the part of the State no the
affirmative discharge of any obligation which belongs to the State in its political
capacity, even though the officers or agents who are made defendants claim to
hold or act only by virtue of a title of the State and as its agents and servants.
(Republic v Sandoval)

 LEARNING ACTIVITY
William, a private American citizen and frequent visitor to the Philippines,
was inside the U.S. embassy when he got into a heated argument with a
private Filipino citizen. Then, in front of many shocked witnesses, he killed
the person he was arguing with. The police came, and brought him to the
nearest police station. Upon reaching the station, the police investigator, in
halting English, informed William of his Miranda rights, and assigned him an
independent local counsel. William protested his arrest. He argued that
since the incident took place inside the U.S. embassy, Philippine courts have
no jurisdiction because the U.S. embassy grounds are not part of Philippine
territory; thus, technically, no crime under Philippine law was committed. Is
William correct? Why or why not?
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Lesson 2:

 THE PHILIPPINE CONSTITUTION

EVOLUTION OF THE PHILIPPINE CONSTITUTION

The Philippines has had a total of six constitutions since the Proclamation of
Independence on June 12, 1898. In 1899, the Malolos Constitution, the first
Philippine Constitution—the first republican constitution in Asia—was drafted
and adopted by the First Philippine Republic, which lasted from 1899 to 1901.

During the American Occupation, the Philippines was governed by the laws
of the United States of America. Organic Acts were passed by the United States
Congress for the administration of the Government of the Philippine Islands. The
first was the Philippine Organic Act of 1902, which provided for a Philippine
Assembly composed of Filipino citizens. The second was the Philippine
Autonomy Act of 1916, which included the first pledge of Philippine
independence. These laws served as constitutions of the Philippines from 1902
to 1935.

In 1934, the United States Congress passed the Philippine Independence Act,
which set the parameters for the creation of a constitution for the Philippines.
The Act mandated the Philippine Legislature to call for an election of delegates
to a Constitutional Convention to draft a Constitution for the Philippines. The
1934 Constitutional Convention finished its work on February 8, 1935. The
Constitution was submitted to the President of the United States for
certification on March 25, 1935. It was in accordance with the Philippine
Independence Act of 1934. The 1935 Constitution was ratified by the Filipino
people through a national plebiscite, on May 14, 1935 and came into full force
and effect on November 15, 1935 with the inauguration of the Commonwealth
of the Philippines. Among its provisions was that it would remain the
constitution of the Republic of the Philippines once independence was granted
on July 4, 1946.

In 1940, the 1935 Constitution was amended by the National Assembly of the
Philippines. The legislature was changed from a unicameral assembly to a
bicameral congress. The amendment also changed the term limit of the
President of the Philippines from six years with no reelection to four years with
a possibility of being reelected for a second term.
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1. Philippine Executive Commission Chairman Jorge B. Vargas reads a message
to the Kalibapi in the presence of Lt. Gen. Shigenori Kuroda and Speaker
Benigno S. Aquino, in the old Senate Session Hall in the Legislative Building,
Manila. This photograph was most probably taken on September 20, 1943, when
the Kalibapi elected the members of the National Assembly from among its
members.

During World War II the Japanese-sponsored government nullified the 1935

Constitution and appointed Preparatory Committee on Philippine Independence
to replace it. The 1943 Constitution was used by the Second Republic with Jose
P. Laurel as President.

Upon the liberation of the Philippines in 1945, the 1935 Constitution came
back into effect. The Constitution remained unaltered until 1947 when the
Philippine Congress called for its amendment through Commonwealth Act No.
733. On March 11, 1947 the Parity amendment gave United States citizens equal
rights with Filipino citizens to develop natural resources in the country and
operate public utilities. The Constitution, thereafter, remained the same until
the declaration of martial law on September 23, 1972.

Before President Marcos declared Martial Law, a Constitutional Convention

was already in the process of deliberating on amending or revising the 1935
Constitution. They finished their work and submitted it to President Marcos on
December 1, 1972. President Marcos submitted it for ratification in early
January of 1973. Foreseeing that a direct ratification of the constitution was
bound to fail, Marcos issued Presidential Decree No. 86, s. 1972, creating
citizens assemblies to ratify the newly drafted constitution by means of a Viva
Voce vote in place of secret ballots. Marcos announced that it had been ratified
and in full force and effect on January 17, 1973. Although the 1973 Constitution
had been “ratified” in this manner, opposition against it continued. Chief
Justice Roberto V. Concepcion in his dissenting opinion in the case of Javellana
v. Executive Secretary, exposed the fraud that happened during the citizen’s
assembly ratification of the 1973 Constitution on January, 10 – 15, 1973.
However, the final decision of this case was that the ratification of the 1973
Constitution was valid and was in force.

President Corazon C. Aquino addressing the 1986 Constitutional Commission

at its inaugural session.

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,
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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 canvassing of results and the
ratification of the draft constitution. The 1987 Constitution finally came into
full force and effect that same day with the President, other civilian officials,
and members of the Armed Forces swearing allegiance to the new charter.
https://www.officialgazette.gov.ph/constitutions/constitution-day/#:~:text=T
he%20Philippines%20has%20had%20a,lasted%20from%201899%20to%201901.

 LEARNING ACTIVITY

Prepare a timeline indicating the development of our Philippine

Constitution. Highlight the most important events of such period
particularly mentioning the laws or statutes enacted to enhance our
constitution.

Constitution defined

A constitution is the organic and fundamental law of the state, which maybe
written or unwritten, establishing the character and conception of its
governments, laying the basic principles to which its internal life is to be
conformed, organizing the government, and regulating, distributing, and
limiting the functions of its different departments and prescribing the extent
and manner of the exercise of sovereign powers (Munoz, 2002:17).
The Constitution of the Philippines is defined by Malcom (cited in Nachura,
2006:2) as 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 the powers are distributed among the several
departments for their safe and useful exercise for the benefit of the body
politic.
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CLASSIFICATIONS OF CONSTITUTION

1. As to their origin and history

a. Conventional or enacted - one which is either enacted by a constituent
assembly or granted by a sovereign.
b. Cumulative or evolved - one which is the product of a long history of
usage by customs, traditions, judicial decisions, etc. rather than by a deliberate
and formal enactment.

2. As to the form
a. Written - one which has been put into writing at a definite period of time
by a constituted authority called constitutional assembly.
b. Unwritten - one which has no exact date of promulgation as it is a product
of historical development to traces its origins from social norms, customs,
and court decisions.

3. As to manner of amending them

a. Rigid or inelastic - one which is being drafted by a special body such as
the Constitutional Commission which made the 1987 Philippine Constitution.
The constitution is not made by the same body that makes ordinary laws.
This involves a more complex process to change or amend it.
b. Flexible or elastic - one which is made by the body that makes ordinary
laws that is why it can be changed or amended in the same manner as
statutes are changed or amended.

Important Qualities of a Written Constitution

1. Brief. It must covers only the important governmental features and rules.
2. Broad It must contain a comprehensive lay-out of the government’s
structure and powers.
3. Definite. It must ensure that all provisions are so clear so as not to cause
confusion conflicting views of the people.

ESSENTIAL CONTENTS OF A WRITTEN CONSTITUTION Nachura, 2006:3)

1. Constitution of Government. These are the provisions that outline the

organization of the government, enumerate its powers, govern its
administration, and define its relations with its people.

2. Constitution of Liberty. These are the provisions that set the basic civil and
political rights of the citizens and limits governmental powers to allow their full
enjoyment by the people.

3. Constitution of Sovereignty. These are the provisions that lay down the
procedures that will allow changes or amendments to the constitution.
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Ways to interpret the Constitution

1. Verba legis – Wherever possible, the words used in the Constitution must be
given their ordinary meaning except where technical terms are employed.

2. Ratio legis est anima – Where there is ambiguity, the words of the
Constitution should be interpreted in accordance with the intent of the framers.

NOTE: While it is permissible to consult the debates and proceedings of the

constitutional convention in order to arrive at the reason and purpose of the
resulting Constitution, resort thereto may be had only when other guides fail
as . . . when the meaning is clear (Civil Liberties Union v. Executive Secretary,
G.R. No. 83896, February 22, 1991).

The proceedings of the Convention are less conclusive in the proper

construction of the fundamental law than are legislative proceedings of the
proper construction of a statute, for in the latter case, it is the intent of
the legislature the courts seek, while in the former, courts seek to arrive at the
intent of the people through the discussions and deliberations of their
representatives (Integrated Bar of the Philippines v. Hon. Ronaldo Zamora, G.R.
No. 141254, August 15, 2000, Puno, C.J. separate opinion).

2. Ut magis valeat quampereat – The Constitution is to be interpreted as a

whole (Francisco v. House of Representatives, G.R. No. 160261, November 10,
2003)

Amendment vs. Revision

BASIS AMENDMENT REVISION

Definition Isolated or piecemeal A revamp or rewriting of
change merely by the whole instrument
adding,deleting, or altering the substantial
reducing without altering entirety of the
the basic principles Constitution.
involved.

Tests to determine whether a proposed change is an amendment or a

revision
1. Quantitative test – Asks whether the proposed changeis so extensive in its
provisions as to change directly the ‘substantial entirety’ of the Constitution by
the deletion or alteration of numerous existing provisions. One examines only
the number of provisions affected and does not consider the degree of the
change.
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2. Qualitative test – Asks whether the change will accomplish such far reaching
changes in the nature of our basic governmental plan as to amount to a revision
(Lambino v. Comelec, G.R. No. 174153, October 25, 2006).

Ways to amend or revise the Constitution

BASIS
CO
BABasisBasis Constituent Constitutional People’s
Assembly Convention Initiative
(ConAss) (ConCon)
How proposed ByCongress acting By Congress upon By the people,
as Constituent a vote of 2/3 upon a petition
Assembly upon a of ALL its thru
vote of ¾ of ALL members (to call a plebiscite (at
its members for a least 12% of the
ConCon); OR TOTAL number of
NOTE: The law is 2. Upon a registered
silent as majority vote of voters, of which
to whether the ALL every legislative
voting is members of district must be
done separately Congress to represented by 3%
or submit of the registered
jointly;however, to the Electorate voters therein
voting the question of (1987
separately is the calling a ConCon Constitution, Art.
prevailing view (+Plebiscite)(1987 XVII, Sec. 2)
regarding Constitution, (+Full text of the
the matter for the Art. XVII, Sec. 3) proposed
Congress is NOTE: The law is amendments
bicameral. silent as to attached in the
whether the petition)
voting is done NOTE: No
separately or amendment shall
jointly;however, be
voting separately authorized more
is the prevailing than once every
view regarding the five years
matter for the thereafter
Congress is
bicameral.
 MODULE 1
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Coverage Amendment or Revision Amendment ONLY

Legal 1. Manner of Proposal; or Propositions can

Questions 2. Manner of calling ConCon be declared null
(Subject to - This is a case where Congress, acting and void for:
Judicial as a ConAss, calls for a 1. Violation of the
Review) ConCon but does not provide details Constitution
for the calling of such
ConCon, and Congress, in exercising its
ordinary legislative
power, may supply such details.
Political Substance of the
Questions proposal.

Whether ConAss or ConCon should

initiate the
amendment or revision.

Limits No amendment be
authorized
oftener than once
every 5
years(1987
Constitution, Art.
XVII,
Sec. 2).

NSTITUENT
ATIONAL
Ratification

Amendments or revisions to the Constitution by Constituent Assembly or

Constitutional Convention shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than 60 days nor later than 90
days after the approval of such amendment or revision.

Amendments by People’s Initiative shall be valid when ratified by a majority of

the votes cast in a plebiscite which shall be held not earlier than 60 days nor
later than 90 days after the certification by the COMELEC of the sufficiency of
the petition.

Requisites for a valid Ratification

1. Held in a plebiscite conducted under the
Election Law;
2. Supervised by COMELEC; and
3. Only registered voters take part.
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Doctrine of Proper Submission

The people must be sufficiently informed of the amendments to be voted upon,
for them to conscientiously deliberate thereon, to express their will in a
genuine manner. Submission of piece-meal amendments is unconstitutional.

A plebiscite may be held on the same day as a regular election (Gonzales v.

COMELEC, G.R. No. L- 28196, Nov. 9, 1967).

All amendments must be submitted for ratification in one plebiscite only. The
people have to be given a proper frame of reference in arriving at their decision
(Tolentino v. COMELEC, G.R. No. L-34150, October16, 1971).

Initiative
Power of the people to propose amendments to the Constitution or to propose
and enact legislation.

Kinds of Initiative under the Initiative and

Referendum Act (RA 6735)
1. Initiative on the Constitution – Refers to a petition proposing amendments to
the Constitution.

2. Initiative on statutes – Refers to a petition to enact a national legislation.

3. Initiative on local legislation – Refers to a petition proposing to enact a

regional, provincial, municipal, city, or barangay law, resolution or
ordinance[RA 6735, Sec. 3 (a)].

NOTE: Sec. 3 (b) of RA 6735 provides for:

a. Indirect Initiative – Exercise of initiative by the people through a proposition

sent to Congress or the local legislative body for action.

b. Direct Initiative – The people themselves filed the petition with the COMELEC
and not with Congress.

Referendum
Power of the electorate to approve or reject legislation through an election
called for that purpose.

Kinds of Referendum

1. Referendum on Statutes - Refers to a petition to approve or reject a law, or

part thereof, passed by Congress.
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2. Referendum on Local Law – Refers to a petition to approve or reject a law,
resolution or ordinance enacted by regional assemblies and
local legislative bodies.
BASIS
NOTE: The following cannot be subject of an initiative or referendum:
a. No petition embracing more than one (1) subject shall be submitted to the
electorate.

b. Statutes involving emergency measures, the enactment of which are

specifically vested in Congress by the Constitution, cannot be subject to
referendum until 90 days after their effectivity. (RA 6735, Sec. 10).
SELF-EXECUTING AND NON-SELF-EXECUTING
PROVISIONS
Self-executing provision
Provision which is complete by itself and becomes operative without the aid of
supplementary or enabling legislation, or that which supplies sufficient rule by
means of which the right it grants may be enjoyed or protected; nature and
extent of the right conferred and the liability imposed are fixed by the
Constitution itself and there is no language indicating that the subject is
referred to the legislature for action.

General Rule: All provisions of the Constitution are SELFEXECUTORY.

Rationale: A contrary rule would give the legislature discretion to determine

when, or whether, they shall be effective. These provisions would be
subordinated to the will of the lawmaking body, which could make them
entirely meaningless by simply refusing to pass the needed implementing
statute (Manila Prince Hotel v. GSIS, G.R. 122156, Feb.
3, 1997).

Exception: When it is expressly provided that a legislative act is necessary to

enforce a constitutional mandate; or those provisions which lay down general
principles are usually NOT self-executory(Manila Prince Hotel v. GSIS, G.R.
122156, Feb. 3, 1997):
a. Art. II: "Declaration of Principles and State Policies".
b. Art. XIII: "Social Justice and Human Rights"
c. Art. XIV: "Education Science and Technology, Arts, Culture end Sports”

 LEARNING ACTIVITY

How does the constitution protect the people? Support your

answer. (20 points)
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THINK!
Discuss the basis of Aquino Government.
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Lesson 3

 PREAMBLE AND NATIONAL TERRITORY

The Preamble of the 1987 Constitution of the Philippines

“We, the sovereign Filipino people, imploring the aid of Almighty God, in
order to build a just and humane society and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity the blessings
of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.”

NATIONAL TERRITORY

Territory

Fixed portion of the surface of the Earth inhabited by the people of the State. As
an element of a State, it is an area over which a state has effective control.

Composition of the Philippine Territory

1. The Philippine archipelago– That body of water studded with islands which
is delineated in the Treaty of Paris, as amended by the Treaty of Washington
and the Treaty with Great Britain.
CONSISTS OF
Consisting of Including its

a. Terrestrial 1. Territorial Sea

b. Fluvial 2. Seabed
c. Aerial Domains 3. Subsoil
4. Insular shelves
5. Other Submarine areas

2. All other territories over which the Philippines has sovereignty or

jurisdiction– Includes any territory that presently belongs or might in the future
belong to the Philippines through any of the accepted international modes of
acquiring territory.
3.
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Components of the National Territory
1. Terrestrial Domain
2. Maritime Domain
3. Aerial Domain

Archipelagic State
A state constituted wholly by one or more archipelagos and may include other
islands.

Archipelagic Doctrine
The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of
the Philippines(1987 Constitution, Art. I).

Under the Archipelagic Doctrine, 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 (Cruz and Cruz,
Philippine Political Law, p. 24).

Purposes of the Archipelagic Doctrine

a. Territorial Integrity
b. National Security
c. Economic reasons

TATE IMMUNITY

Is the Spratly Island part of the Philippine archipelago? Yes or no?

Support your answer.

 LEARNING ACTIVITY
Discuss the following:
a.Territorial Integrity
b. National Security
c. Economic reasons
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YOUR IDEA

Do you think the Archipelagic doctrine is important? Why or

why not? What is your stand on the issue of Scarborough
Shoal?
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Lesson 4

 GENERAL PRINCIPLES AND STATE POLICIES

Doctrine of Constitutional Supremacy

Under this doctrine, if a law or contract violates any norm of the Constitution,
that law or contract, whether promulgated by the legislative or by the
executive branch or entered into by private persons for private purposes, is null
and void and without any force and effect. Since the Constitution is the
fundamental, paramount and supreme law of the nation, it is deemed written in
every statute and contract (Manila Prince Hotel v GSIS, G.R. No. 122156,
February 3, 1997).

Republican State

The Philippines is a democratic and republican State. Sovereignty resides in the

people and all government authority emanates from them (1987 Constitution,
Art. II, Sec. 1).

A state wherein all government authority emanates from the people and is
exercised by representatives chosen by the people (Dissenting Opinion of
Justice Puno, Tolentino v. COMELEC, G.R. No. 148334, January 21, 2004).

Manifestations of Republicanism
1. Ours is a government of laws and not of men.
2. Rule of Majority (Plurality in elections)
3. Accountability of public officials
4. Bill of Rights
5. Legislature cannot pass irrepealable laws
6. Separation of powers

NOTE: The Philippines is not only a representative or republican state but also
shares some aspects of direct democracy that accords to the citizens a greater
participation in the affairs of the government such people’s as initiative and
referendum, the right to information on matters of public concern etc.
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Constitutional Authoritarianism

As understood and practiced in the Marcos regime under the 1973 constitution,
it s the assumption of extraordinary powers by the President including
legislative and judicial and even constituent powers.

Compatibility of constitutional authoritarianism with a republican state

Constitutional authoritarianism is compatible with a republican state if the

Constitution upon which the Executive bases his assumption of power is a
legitimate expression of the people’s will and if the Executive who assumes
power received his office through a valid election by the people.

Incorporation Clause

The Philippines adopts the generally accepted principles of international law as

part of the law of the land (1987 Constitution, Art. 2, Sec. 2). (See
discussion under Public International Law)

Basis Doctrine of Incorporation Doctrine of

Transformation

Definition Rules of International Law Generally accepted rules of

form part of the law of the international law are not
land and no legislative action per se binding upon the
is required to make them State but must first be
applicable in a country. Thus, embodied in legislation
the Philippines is bound by enacted by the lawmaking
generally accepted principles body and so transformed
of international law, which into municipal law.
are considered to be
automatically part of our own
laws.

NOTE: The fact that the international law has been made part of the law of the
land does not by any means imply the primacy of international law over national
law in the municipal sphere (Philip Morris, Inc. v. CA, G.R. No. 91332, July 16,
1993).

Sovereignty
Supreme and uncontrollable power inherent in a State by which the State is
governed.
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Characteristics of Sovereignty
1. Permanent;
2. Exclusive;
3. Comprehensive;
4. Absolute;
5. Indivisible;
6. Inalienable; and
7. Imprescriptible (Laurel v. Misa, G.R. No. L-409, Jan. 30, 1947).

Doctrine of Auto Limitation

While sovereignty has traditionally been deemed absolute and

all-encompassing on the domestic level, it is however subject to restrictions and
limitations voluntarily agreed to by the Philippines, expressly or impliedly as a
member of the family of nations.

By the doctrine of incorporation, the country is bound by generally accepted

principles of international law, which are considered to be automatically part of
our own laws. One of the oldest and most fundamental rules in international law
is pacta sunt servanda – international agreements must be performed in good
faith.

A treaty engagement is not a mere moral obligation but creates a legally

binding obligation on the parties. By their inherent nature, treaties really limit
or restrict the absoluteness of sovereignty. By their voluntary act, nations may
surrender some aspects of their state power in exchange for greater benefits
granted by or derived from a convention or pact.

The sovereignty of a state therefore cannot in fact and in reality be

considered absolute. Certain restrictions enter into the picture: (1) limitations
imposed by the very nature of membership in the family of nations and (2)
limitations imposed by treaty stipulations (Tañada v. Angara, G.R. No. 118295,
May 2, 1997).

Constitutional provisions which ensure civilian supremacy

1. By the installation of the President, the highest civilian authority, as the
commander-in-chief of all the armed forces of the Philippines (1987
Constitution, Art. VII, Sec. 18).
2. Through the requirement that members of the AFP swear to uphold and
defend the Constitution, which is the fundamental law of a civil government
(1987 Constitution, Art. XVI, Sec. 5, Par. 1).
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Mandatory rendition of military services to defend the State

One cannot avoid compulsory military service by invoking one’s religious

convictions or by saying that he has a sick father and several brothers and sisters
to support. Accordingly, the duty of government to defend the State cannot be
performed except through an army. To leave the organization of an army to the
will of the citizens would be to make this duty to the Government excusable
should there be no sufficient men who volunteer to enlist therein. The right of
the Government to require compulsory military service is a consequence of its
duty to defend the State and is reciprocal with its duty to defend the life,
liberty, and property of the citizen (People v. Zosa, G.R. No. L- 45892-93, July
13, 1938).

Separation of Church and State

Provisions of the Constitution that support the principle of separation of

Church and State:

1. Art. III, Sec. 5: “No law shall be made respecting an establishment of religion,
or prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or
political rights.”

2. Art. VI, Sec. 5[2]: “The party-list representatives shall constitute twenty per
centum of the total number of representatives including those under the party
list. For three consecutive terms after the ratification of this Constitution,
one-half of the allocated to partylist representatives shall be filled, as provided
by law, by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sections as may be
provided by law, except the religious sector.

3. Art. IX-CI, Sec. 2[5]: “Register, after sufficient publication, political parties,
organizations, or coalitions which, in addition to other requirements, must
present their platform or program of government; and accredit citizens' arms of
the Commission on Elections. Religious denominations and sects shall not be
registered. Those which seek to achieve their goals through violence or unlawful
means, or refuse to uphold and adhere to this Constitution, or which are
supported by any foreign government shall likewise be refused registration.
Financial contributions from foreign governments and their agencies to political
parties, organizations, coalitions, or candidates related to elections, constitute
interference in national affairs, and, when accepted, shall be an additional
ground for the cancellation of their registration with the Commission, in
addition to other penalties that may be prescribed by law.”
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Exceptions to the principle are the following provisions of the Constitution:

1. Art. VI, Sec. 28[3]: “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.”

2. Art. VI, Sec. 29[2]: “No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, or other religious teacher, or
dignitary as such, except when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal institution, or government
orphanage or leprosarium.”

3. Art. XIV, Sec. 3[3]: “At the option expressed in writing by the parents or
guardians, religion shall be allowed to be taught to their children or wards in
public elementary and high schools within the regular class hours by instructors
designated or approved by the religious authorities of the religion to which the
children or wards belong, without additional cost to the Government.”

4. Art. XIV, Sec. 4[2]: “Educational institutions, other than those established by
religious groups and mission boards, shall be owned solely by citizens of the
Philippines or corporations or associations at least sixty per centum of the
capital of which is owned by such citizens. The Congress may, however, require
increased Filipino equity participation in all educational institutions.”

Theories on the separation of church and state:

1. Separation Standard - May take the form of either (a) strict separation or (b)
the tamer version of strict neutrality, or what Justice Carpio refers to as the
second theory of governmental neutrality.
a. Strict Separationist – The establishment clause was meant to protect the
State from the church, and the State’s hostility towards religion allows no
nteraction between the two.
b. Strict Neutrality Approach – It is not hostility towards religion, but a strict
holding that religion may not be used as a basis for classification for purposes of
governmental action, whether the action confers rights or privileges or imposes
duties or obligations. Only secular criteria may be the basis of government ction.
It does not permit; much less require accommodation of secular programs to
religious belief.
2. Benevolent Neutrality Approach – The “wall of separation” is meant to
protect the church from the State. It believes that with respect to governmental
actions, accommodation of religion may be allowed, not to promote the
government’s favored form of religion, but to allow individuals and groups to
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exercise their religion without hindrance (Estrada v. Escritor, A.M. No.
P-02-1651, June 22, 2006).

State policy on war

The State renounces war as an instrument of national policy (1987 Constitution,

Art. II, Sec. 2).

NOTE: The Philippines does not renounce defensive war because it is duty
bound to defend its citizens. Under the Constitution, the prime duty of the
government is to serve and protect the people.

Voting requirements to declare the existence of a state of war

1. 2/3 vote of both Houses

2. In joint session
3. Voting separately

NOTE: Even though the legislature can declare an existence of war and enact
ensures to support it, the actual power to engage in war is lodged, nonetheless,
in the executive.

Independent Foreign Policy and a nuclear-free Philippines

The State shall pursue an independent foreign policy. In its relations with other
states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self-determination (1987
Constitution, Art. 2, Sec. 7).

The Philippines, consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory(1987 Constitution, Art.
II, Sec. 8).

NOTE: This pertains to use of nuclear weapons and not nuclear source of
energy.

Policies of the State on the following:

1. Working women – 1987 Constitution, Sec. 14, Art. XIII: "The State shall
protect working women by providing safe and healthful working conditions,
taking into account their maternal functions, and such facilities and
opportunities that will enhance their welfare and enable them to realize their
full potential in the service of the nation."
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2. Ecology – 1987 Constitution, Sec. 16, Art. II: “The State shall protect and
advance the right of the people and their posterity to a balanced and healthful
ecology in accord with the rhythm and harmony of nature."

3. The symbols of statehood – Flag of the Philippines (1987 Constitution, Art.

XVI, Sec. 1). Name of the country, National Anthem, and National Seal (1987
Constitution, Art. XVI, Sec. 2).

4. Cultural minorities – Recognition and Promotion of Rights of Indigenous

Cultural Communities (1987 Constitution, Art. II, Sec. 22).

Protection of Ancestral Lands of Indigenous Communities (1987 Constitution,

Art. XII, Sec. 5).

Application of Principles of Agrarian Reform and Stewardship to Indigenous

Communities and Landless Farmers (1987 Constitution, Art. XIII, Sec. 65).

Preservation and Development of the Culture, Traditions, and Institutions of

Indigenous Communities (1987 Constitution, Art. XIV, Sec. 17).

5. Science and technology – Priority to Education, Science and Technology, Arts,

Culture, and Sports. (1987 Constitution, Art. II, Sec. 17).

Development of national talents consisting of Filipino scientists, entrepreneurs,

professionals, managers, high-level technical manpower and skilled workers and
craftsmen (1987 Constitution, Art. XII, Sec. 14).

Mandate on educational institutions [1987 Constitution, Art. XIV, Sec. 3(4)].

Priority to research and development, invention, innovation of science and

technology (1987 Constitution, Art. XIV, Sec. 10).

Incentives, tax deductions, and scholarships to encourage private participation

in programs of basic and applied scientific research (1987 Constitution, Art. XIV,
Sec. 11).

Encouragement of widest participation of private groups, local governments,

and organizations in the generation and utilization of science and technology
(1987 Constitution, Art. XIV, Sec. 12).

Constitutional provision on transparency in matters of public concern

The 1987 Constitution provides for a policy of transparency in matters of public

interest:
1. Policy of full public disclosure of government transactions (1987 Constitution,
Art. II, Sec. 28).
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2. Right to information on matters of public concern (1987 Constitution, Art. III,

Sec. 7).

3. Access to the records and books of account of the Congress (1987

Constitution, Art. VI, Sec. 20).

4. Submission of Statement of Assets, Liabilities, and Net worth (1987

Constitution, Art. XI, Sec. 17).

5. Access to information on foreign loans obtained or guaranteed by the

government (1987 Constitution, Art. XII, Sec. 21).

Right of Parents to Rear their Children

The natural and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive the
support of the Government (1987 Constitution Sec. 12, Art. II)

YOUR IDEA

Three cities in Metro Manila passed ordinances that impose curfew on

minors in their respective jurisdictions. Petitioners argue that the
Curfew Ordinances are unconstitutional because they deprive parents
of their natural and primary right in rearing the youth without
substantive due process. Is the petitioners’ contention proper? Explain
your answer.

 LEARNING ACTIVITY
In the Philippine context, what is the theory adopted by the Filipino people,
as manifested in the Constitution their adherence regarding
accommodations in interpreting the religious clause? Discuss your answer.
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SEPARATION OF POWERS

Doctrine of Separation of Powers

Legislation belongs to the Congress, implementation to the executive, and

settlement of legal controversies and adjudication of rights to the judiciary.
Each is therefore prevented from invading the domain of the others.

Purposes of Separation of Powers

1. Secure action;
2. Forestall over-action;
3. Prevent despotism; and
4. Obtain efficiency.

NOTE: To prevent the concentration of authority in one person or group of

persons that might lead to irreparable error or abuse in its exercise to the
detriment of republican institutions. The purpose was not to avoid friction, but,
by means of the inevitable friction incident to the distribution of governmental
powers among the three departments, to save the people from autocracy. The
principle of separation of powers ordains that each of the three great branches
of government has exclusive cognizance of and supreme in matters falling
within its own constitutionally allocated sphere.

Powers vested in the three branches of

government
EXECIVE J
Executive Legislative Judiciary
Implementation Making of laws Interpretation
of laws (power of the of laws (Power
(Power of the sword) purse) of judicial
review)

UDICIARY

NOTE: Legislative power is given to the legislature whose members hold office
for a fixed term (Sec. 1, Art. VI); Executive power is given to a separate
Executive who holds office for a fixed term (Sec. 1, Art. VII); and Judicial power
is held by an independent Judiciary(Sec. 1, Art. VIII).

Principle of Blending of Powers

- Refers to an instance when powers are not confined exclusively within one
department but are assigned to or shared by several departments.
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Examples of the Blending of Powers
a. Power of appointment which can be exercised by each department and be
rightfully exercised by each department over its own administrative personnel;
b. General Appropriations Law – President prepares the budget which serves as
the
basis of the bill adopted by Congress;
c. Amnesty granted by the President requires the concurrence of the majority of
all the
members of the Congress; and
d. Power of the COMELEC to deputize law enforcement agencies and
instrumentalities
of the government for the purpose of ensuring free, orderly, honest, peaceful
and
credible elections in accordance with the power granted to it by the
Constitution to
enforce and administer all laws and regulations relative the conduct of elections
CHECKS AND BALANCES
Principle of Checks and Balances

- Allows one department to resist encroachments upon its prerogatives or to

rectify mistakes or excesses committed by the other departments.

 LEARNING ACTIVITY

How can the three branches of the government

check and balances each other?
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 MODULE SUMMARY

In module 1, you were introduced to the introduction.

Lesson 1 consists of the State and it elements. It includes also the

meaning and functions of the different elements of the state.

Lesson 2 deals with the Philippine Constitution. In here, it includes the

evolution of the Philippine Constitution. It also includes definitions and forms of
the constitution.

Lesson 3 is about the Preamble and the National Territory.

Finally, lesson 4 is on the General Principles ans State Policies. In here, it

presents the the different provisions on the general principles and policies of
the government.

Felicitations! You are done with Module I. Now, you are ready to test
yourself if you have learned from your readings of the module and other
materials by answering the summative test. Good Luck!!!

 SUMMATIVE TEST