CONSTI 1 NOTES

ARTICLE I – THE NATIONAL TERRITORY

The national territory of the Philippines comprises:

1. The Philippine archipelago

2. With all the islands and waters embraced therein
3. And all other territories over which the Philippines has sovereignty or jurisdiction
4. Consisting of its
1. Terrestrial
2. Fluvial; and CODE: TFA
3. Aerial domains
5. Including its
1. Territorial sea
2. The seabed
3. The subsoil CODE: TSSIO
4. The insular shelves; and
5. The other submarine areas
6. The waters
1. Around
2. Between and
3. Connecting
4. The islands of the archipelago CODE: ABCI

Regardless of their breadth and dimensions

Form part of the INTERNAL WATERS of the Philippines

Definition of Archipelago

An archipelago is a body of water studded with islands. The Philippine archipelago is that body of water
studded with islands which is delineated in the Treaty of Paris (1898), as amended by the Treaty of
Washington (1900) and the Treaty of Great Britain (1930).

Definition of “all other territories over which the Philippines has sovereignty or jurisdiction”

It includes any territory that presently belongs or might in the future belong to the Philippines through
any of the internationally accepted modes of acquiring territory.

Archipelagic principle

Two elements:

1. The definition of internal waters (as provided above);

2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines
connecting appropriate points on the coast without departing to any appreciable extent from the
general direction of the coast.

Important distances with respect to the waters around the Philippines

1. Territorial sea – 12 nautical miles (n.m.)

2. Contiguous zone – 12 n.m. from the edge of the territorial sea

3. Exclusive economic zone – 200 n.m. from the baseline [includes (1) and (2)]

ARTICLE II – DECLARATION OF PRINCIPLES AND STATE POLICIES

Selected principles
Sec 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all
government authority emanates from them.
Elements of a State (for municipal law purposes) CODE: PTSG
1. A community of persons, more or less numerous (PEOPLE)
2. Permanently occupying a definite portion of territory (TERRITORY)
3. Independent of external control (SOVEREIGNTY)
4. Possessing an organized government to which the great body of inhabitants render habitual
obedience (GOVERNMENT)
Definition of “People” CODE: CNCH
1. A Community of persons;
2. Sufficient in Number;
3. Capable of maintaining the continued existence of the community; and
4. Held together by a common bond of law.
Definition of “Sovereignty”
1. LEGAL sovereignty
 The supreme power to make law.
 It is lodged in the people.
2. POLITICAL sovereignty
 The sum total of all the influences in a state,
 Legal and non-legal,
 Which determine the course of law.

According to the Principle of AUTO-LIMITATION:

Sovereignty is the property of the state-force due to which it has the exclusive capacity of legal self-
determination and self-restriction.

Definition of “Government”
1. That institution or aggregate of institutions
2. by which an independent society
3. makes and carries out those rules of action
4. which are necessary to enable men to live in a social state
5. or which are imposed upon the people forming that society by those who possess the power or
authority of prescribing them.
Classification of governments

1. De jure – one established by the authority of the legitimate sovereign

2. De facto – one established in defiance of the legitimate sovereign

Classification of de facto governments

1. De facto proper
 That government that gets possession and control of
 or usurps by force or by the voice of majority
 the rightful legal government
 and maintains itself against the will of the latter.
2. Government of paramount force
 That which is established and maintained by military forces
  who invade and occupy a territory of the enemy
 in the course of war.
3. That established as an independent government by the inhabitants of a country who rise
in insurrection against the parent state.
Definition of “Republican State”

It is one wherein all government authority emanates from the people and is exercised by representatives
chosen by the people.

Definition of Democratic State

This merely emphasizes that the Philippines has some aspects of direct democracy such as initiative and
referendum.

Sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality,
justice, freedom, cooperation, and amity with all nations.

Kind of war renounced by the Philippines

The Philippines only renounces AGGRESSIVE war as an instrument of national policy. It does not
renounce defensive war.
Some “generally accepted principles of international law” recognized by the Court:
1. Right of an alien to be released on bail while awaiting deportation when his failure to leave the
country is due to the fact that no country will accept him (Mejoff v. Director of Prisons, 90 Phil. 70)
2. The right of a country to establish military commissions to try war criminals (Kuroda v.
Jalondoni, 83 Phil. 171)
3. The Vienna Convention on Road Signs and Signals (Agustin v. Edu, 88 SCRA 195)
Amity with all nations

This does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a
matter of executive discretion.

Sec 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is
the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity
of the national territory.

Civilian authority/supremacy clause (1st sentence)

1. Civilian authority simply means the supremacy of the law because authority, under our
constitutional system, can only come from law.
2. Under this clause, the soldier renounces political ambition.
Mark of sovereignty (2nd and 3rd sentences)
1. Positively, this clause singles out the military as the guardian of the people and of the integrity of
the national territory and therefore ultimately of the majesty of the law.
2. Negatively, it is an expression of disapproval of military abuses.

Sec 4. 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. 5. The maintenance of peace and order, the protection of life, liberty and property, and the promotion
of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.
Sec. 6. The separation of Church and State shall be inviolable.

Selected state policies

Sec. 7. 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.

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

Policy of freedom from nuclear weapons

The policy PROHIBITS:
1. The possession, control and manufacture of nuclear weapons
2. Nuclear arms tests.
The policy does NOT prohibit the peaceful uses of nuclear energy.

Sec. 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn
from conception. etc.

Principle that the family is not a creature of the state.

Protection for the unborn
1. It is not an assertion that the unborn is a legal person.
2. It is not an assertion that the life of the unborn is placed exactly on the level of the life of the
mother. Hence, when it is necessary to save the life of the mother, the life of the unborn may be
sacrificed.
3. Under this provision, the Roe v. Wade doctrine allowing abortion up to the 6th month of pregnancy
cannot be adopted in the Philippines because the life of the unborn is protected from the time of
conception.
4.
Sec. 16. 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.
1. While the right to a balanced and healthful ecology is found under the declaration of Principle and
State Policies and not under the Bill of Rights, it does not follow that it is less important than any of
the civil and political rights enumerated in the latter. (Oposa v. Factoran)
2. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from
impairing the environment. (Oposa v. Factoran)

Sec. 26. The State shall guarantee equal access to opportunities for public service, and prohibit political
dynasties as may be defined by law.

Sec. 27. The State shall maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.

Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of
full public disclosure of all its transactions involving public interest.
 ARTICLE XVI – GENERAL PROVISIONS
Section 3. State Immunity
Suability of State

1) The State cannot be sued without its consent.

2) When considered a suit against the State

a). The Republic is sued by name;

b). Suits against an un-incorporated government agency;

c). Suit is against a government official, but is such that ultimate liability shall devolve on
the government

i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be
held personally liable for damages.

ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith,
they are not personally liable, and the suit is really one against the State.

3) This rule applies not only in favor of the Philippines but also in favor of foreign states.

4) The rule likewise prohibits a person from filing for interpleader, with the State as one of
the defendants being compelled to interplead.

Consent to be sued
A. Express consent:

1). The law expressly grants the authority to sue the State or any of its agencies.

2). Examples:

a). A law creating a government body expressly providing that such body “may sue or
be sued.”

b). Art. 2180 of the Civil Code, which creates liability against the State when it acts
through a special agent.

B. Implied consent:

1). The State enters into a private contract.

a). The contract must be entered into by the proper officer and within the scope of his
authority.

b). UNLESS: The contract is merely incidental to the performance of a governmental

function.

2). The State enters into an operation that is essentially a business operation.

a). UNLESS: The operation is incidental to the performance of a

governmental function (e.g. arrastre services)
 b). Thus, when the State conducts business operations through a GOCC, the latter can
generally be sued, even if its charter contains no express “sue or be sued” clause.

3). Suit against an incorporated government agency.

a) This is because they generally conduct propriety business operations and have
charters which grant them a separate juridical personality.

4). The State files suit against a private party.

UNLESS: The suit is entered into only to resist a claim.

Garnishment of government funds:

1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit,
they remain government funds and are not subject to garnishment.

2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a
valid government obligation, then the money can be garnished.

Consent to be sued is not equivalent to consent to liability:

1) The Fact that the State consented to being sued does not mean that the State will
ultimately be held liable.

2) Even if the case is decided against the State, an award cannot be satisfied by writs of
execution or garnishment against public funds. Reason: No money shall be paid out of the
public treasury unless pursuant to an appropriation made by law.

ARTICLE XVII- AMENDMENTS OR REVISIONS

Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its
main purpose is to improve specific provisions of the Constitution. The changes brought
about by amendments will not affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent
it should be altered. A revision implies substantive change, affecting the Constitution as a
whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to propose amendments
to or revisions of the Constitution and to ratify such proposal. Legislative power is the power
to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional conferment), by
a Constitutional Convention or Commission, by the people through initiative and referendum,
and ultimately by sovereign electorate, whereas legislative power is an ordinary power of
Congress and of the people, also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief Executive,
whereas the exercise of legislative power ordinarily needs the approval of the Chief
Executive, except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:

1) Proposal of amendments or revisions by the proper constituent assembly;

2) Submission of the proposed amendments or revisions; and

3) Ratification

Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
 The power of Congress to propose amendments is NOT part of its ordinary legislative
power.
 The only reason Congress can exercise such power is that the Constitution has granted it
such power.
B. Constitutional Convention:

1) How a Constitutional Convention may be called

a). Congress may call a ConCon by a 2/3 vote of all its members; or

b). By a majority vote of all its members, Congress may submit to the electorate the
question of whether to call a ConCon or not.

2) Choice of which constituent assembly (either Congress or ConCon) should initiate

amendments and revisions is left to the discretion of Congress. In other words, it is a political
question.

3) BUT: The manner of calling a ConCon is subject to judicial review, because the
Constitution has provided for vote requirements.

4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the
details for the calling of such ConCon, Congress – exercising its ordinary legislative power –
may supply such details. But in so doing, Congress (as legislature) should not transgress the
resolution of Congress acting as a constituent assemble.

5) Congress, as a constituent assembly and the ConCon have no power to appropriate money
for their expenses. Money may be spent from the treasury only to pursuant to an
appropriation made by law.

C. People’s Initiative

1) Petition to propose such amendments must be signed be at least 12% of ALL registered
voters.

2) Every legislative district represented by at least 3% of the registered voters therein.

3) Limitation:

It cannot be exercised oftener than once every 5 years.

Note:

1) While the substance of the proposals made by each type of constituent assembly is not
subject to judicial review, the manner the proposals are made is subject to judicial review.

2) Since these constituent assemblies owe their existence to the Constitution, the courts
may determine whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:

a) Whether a proposal was approved by the required number of votes in Congress

(acting as a constituent assembly).

b) Whether the approved proposals were properly submitted to the people for
ratification.

Proposal of Revisions

1) By Congress, upon a vote of 3/4 of its members

2) By a constitutional convention

Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days from the
approval of such amendments or revisions.

2) Amendments proposed by the people via initiative:

a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.

b) Plebiscite is held not earlier than 60 days nor later than 90 days after the
certification by COMELEC of the petition’s sufficiency

3) Requisites of a valid ratification:

a) Held in a plebiscite conducted under the election law;

b) Supervised by the COMELEC; and

c) Where only franchised voters (registered) voters take part.

4) Issues regarding ratification:

a) The Constitution does not require that amendments and revisions be submitted
to the people in a special election. Thus, they may be submitted for ratification
simultaneously with a general election.

b) The determination of the conditions under which proposed

amendments/revisions are submitted to the people falls within the legislative sphere.
That Congress could have done better does not make the steps taken unconstitutional.

c) All the proposed amendments/revisions made by the constituent assemblies

must be submitted for ratification in one single plebiscite. There cannot be a piece-
meal ratification of amendments/revisions.

d) Presidential proclamation is NOT required for effectivity of

amendments/revisions, UNLESS the proposed amendments/revisions so provide.