CONSTITUTIONAL LAW 1
- bigger umbrella
Political law
- is a branch of public law which deals with
the organization and operation of the
governmental organs of the state and
defines the relations of the state with the
inhabitants of its territory.
- government, how the government
functions, organization, how the
government operates, and how the
government relates to the people and its
subject
Macariola v. Asuncion
3 Inherent Powers of State
1. police power
2. eminent domain
3. taxation
*state and its powers
*relation to the state
Constitution covers:
1. structure of government
2. defines the powers of the government and
government officials
3. powers of the agencies of the government
*supremacy of the Constitution
*separation of powers
*specific powers of each branch of
government
*rule of majority
Any lower court can interpret a rule, law, or
ordinance but it is not final.
*ultra vires
Sources of the Constitution
1. Philippine Bill of 1902
2. Jones Act
3.
Why do we study the Constitution?
Answer: Article 2, Section 1 of the 1987
Philippine Constitution
Kinds of Constitution
1. Written (example: in the Philippines)
2. Unwritten
Conventional Constitution – enacted, voted
by the people
Commulative Constutution – political
evolution, no specific date
Philippine Constitution is rigid and can only
be changed by formal amendment.
Requisites of a Good Constitution
1. breath – covers all the people and things
within the territoty
2. brevity – must be concise and adjustable
to change
3. definiteness – must be clear
Different Parts of the Constitution
1. Constitution of Liberty – civic and
political rights
- imposes limitation on the powers of
government
examples: Articles 6 to 9
2. Constitution of Sovereignty – provisions
that provide procedure to effect changes
in the Constitution
example: Article 17
3. Constitution of Citizenship – who are the
citizens of the country
Interpretation and Construction of
Constitution
Francisco v. House of Representatives
(2003)
Interpretation
1. verba legis – plain meaning
 2. ratio legis est anima – reason or spirit of
the law, intent of the framers
3. ut magis valeat quam pereat - to
understand, take the entire Constitution
as a whole
Provisions of the Constitution is self-executing.
How a Constitution is made?
Article 17, Section 1 of the 1987 Philippine
Constitution
1. Congress upon a vote of 2/3
2. Constitutional Convention
The Constitution can be changed by way of
Initiative.
The 1973 Constitution
1. Constitutional Convention – elected
Constitutional delegates
2. Constituent Assembly
3. Initiative
Limitations of Initiative
1. In general, the people cannot propose a
petition.
2. It must be signed by 12% of the registered
voters and 3% of each legislative district
3. It can be exercised at least once in every
5 years
4. There should be a 5-day solicitation drive
for signatures
Lambino case – the power to change the
Constituition by way of Initiative
General Description of the 1987 Constitution
Proclamation No. 1 of 1986
- President Cory and VP Laurel
Proclamation No. 3 of March 1986
By President Cory
Freedom Constitution – provisional
- pending the drafting of the new
Constitution
The delegates adopted the 1973 Constitution.
Constitutional Commission – 3o to 50 members
Lawyer’s League case
Duly constituted agency – COMELEC
In accord of 1973 Constitution
There was a snap election – Marcos and
Tolentino won
Issue: Legitimacy of Cory as President of the PH
Snap election is:
1. not justiciable matter
2. not under the Court
3. the will of the people
de jure government
Bermudez case
- a Resolution
- wants to declare the legitimate President
and Vice-President of the 1986 Snap
Elections
Issue: the term of office of the President
President Cory – non-suability of the President
Constitutional interpretation
Republic v. Sandiganbayan (Benedicto)
- discussion of the government
3 stages of issues
1.
2. 1990 – compromise understanding
3.
Article 16 of the Constitution
Marcos established PCGG. PCGG runs after ill-
gotten wealth
Immunity from suit does not cascade to the
PCGG (Presidents).
Supreme Court – Proclamation No. 3
- was done in defiance with the 1973
Constitution
- started as revolutionary government
March 25, 1986 – freedom Constitution
 - from February 25 to (supposed to be)
March 24, 1986
- no Constitution in effecr
- As a consequence, a person cannot
invoke the Bill of Rights
Revolutionary Constitution
- Abrogation of 1987 Constitution by
President Cory
Proclamation No. 9
Constitutional Commission – 50 members
October 15, 1986 – submission of draft of the
1987 Constitution
Plebiscite – February 2, 1987
Proclamation No. 58
- Ratification of 1987 Constitution
- February 2, 1987
de Leon v. Esguerra
BP 222 – Barangay Election Act of 1982
- 6-year term of office
de Leon – Barangay Captain of Dolores, Taytay,
Rizal
superseded by 1987 Constitution
Freedom Constitution – 1 year (from March 25,
1986 to February 1, 1987)
Revolutionary Constitution – No Congress and
the Judiciary is in hiatus
Before 1987 – new Constitution framed by
delagates
Effectivity date of the 1987 Constitution –
February 2, 1987
The power of the OIC has no effect because of
the ratification of 1987 Constitution
Rambino v. COMELEC
Raul Rambino – lawyer
- Gathered signature to start People’s
Initiative to change the 1987 Constitution
- Petition (Initiative) to COMELEC
o To modify Articles 6 and 7 then
add provisions to the Transitory
Provisions
o To shift from Presidential to
Parliamentary form of
government
o Signatures – 12% overall and 3%
each legislative district (basis:
Article 17, Section 2 of the
Constitution)
An amended petition was filed before the
COMELEC.
COMELEC said that it was an invalid Initiative
because the petitioners made the people sign to
the Initiative first before presenting the amended
draft to the people. Also, it lacked certain
provisions.
COMELEC conducted the verification process.
Transitory Provisions – Constitutional
The Supreme Court disapproved the Initiative.
Initiative is the will of the people. The draft
presented to the people and to the COMELEC
were not the same.
The Supreme Court had the opportunity to
differentiate.
This case wanted revision of the 1987
Constitution.
revision – broadly implies change
- alter principles of the separation of
powers, etc.
amendment – only affects specific provision
Constituent Assembly consists of:
1. legislature
2. ¾ votes
Constitutional Convention consists of:
1. delegates
Article 17, Section 4 of the 1987 Constitution
- majority of the votes casted in plebiscite
- not earlier than 60 days, not later than 90
days
- ratified vote
plebiscite and election – can be held at the same
day
state – community of persons, more or less
numerous
nation – cultural and ethnic entity
government – instrumentality of the state and
simply the tool of the state
Elements of the State
1. people – community of persons
(inhabitants/citizens)
inhabitants/people – Article 2, Section 3
and Article 3 of the 1987 Constitution
2. territory
3. government
4. sovereignty (independence)
Whether a citizen of the PH or not, you have the
right to refuse unreasonable searches.
Preamble talks about the citizens of the PH.
Article 2, Section 1 and 4 of the 1987
Constitution
Article 2, Section 4 of the 1987 Constitution –
duty of the government to serve and protect the
people
Article 4, Section 1 of the 1987 Constitution -
citizenship
Naturalization
1. judicial process
2. administrative process through the
Solicitor General’s office
Antonio Co v. HRET and Jose Ong, Jr.
- citizenship
Issue: Whether or not (WON) Jose Ong, Jr. is a
citizen of the PH
Ruling: Ong, Jr. is a natural-born citizen of the
PH
Article 4, Section 1 (2) is the applied provision in
the Constitution. Jose Ong, Jr.’s father or mother
is a citizen of the PH
Who is a natural-born Filipino?
1. citizen by birth without any act
2. those who elect PH citizenship upon the
age of majority
Tecson v. COMELEC (2004)
Facts: FPJ – filed for presidency for the 2001
National Elections
- presented himself as a natural-born
citizen
- made a mistake presenting that he is a
Filipino citizen
- illegitimate child of alien parents
Issue: WON FPJ is a natural-born citizen of the
PH depends on whether his father himself is a
Filipino citizen
Ruling: Lorenzo Poe (paternal grandfather of
FPJ) was born on 1817
Documents submitted: marriage certificate, birth
certificate of FPJ, and death certificate of
Lorenzo Poe – insufficient to prove that FPJ is a
natural-born citizen of the PH
Even though FPJ is an illegitimate child of
Lorenzo Poe, he is a natural-born citizen of the
PH due to the 1935 Constitution.
Illegitimate children – citizenship followed by
the mother
Proof that Poes were Filipino citizens – death
certificate of Lorenzo Poe. Lorenzo Poe was
living in the PH when a turnover happened
during the transition from Spanish government to
American government
Poe v. COMELEC (2010)
Facts: Poe – contended that she is a natural-born
citizen of the PH
- 10 years resident of the PH
Amparo, et. al. – contended that Poe was only a
foundling
Issue: WON Poe’s presidential bid is legitimized
by her citizenship
Ruling: Foundlings are citizens of the state where
they are found (basis: International Law)
Aside from the Constitution, one of the basis to
determine citizenship is the International Law.
Article 2 of the Constitution – PH adopts
treaties/international law as part of the law of the
land
Citizenship is not equal to residency.
Dual citizenship
- ______________ citizens of the PH, by
means of marriage
Poe is still a natural-born PH citizen when she
renounced her citizenship.
Foundling can be a basis of citizenship.
Asnar v. COMELEC
Facts: Osmena – not qualified to run for governor
in Cebu
- son of a Filipino
- registered voters since 1985
Ruling: Osmena is qualified to run as governor of
Cebu
Alien Certificate of Registration (ACR)
Osmena - has a permit to enter in the PH
- registered himself as an alien
- disqualification protest was filed out of
time
The Supreme Court stated that:
- no issue that he is a son of Filipino mother
- by birth, he is a Filipino
3 Proofs of Renunciation
1. proof that he is naturalized
2. proof that he expressly renounced his
citizenship
3. presenting oath of allegiance to the state
Commonwealth Act of 63
Citizenship is determined by the Constitution.
A person is reverted back to being a PH citizen if
he renounced his alien citizenship.
Renunciation – follow the ACR
Villahermosa case
1935 Constitution – age of majority was 21
Issue: WON Delfin Co should follow his
mother’s citizenship as a Filipina?
Ruling: No. Illegal entrance to the PH – should
be deported
Citizenship Requirements According to the
Constitution
President – Article 7, Section 2
Vice-President – Article 7, Section 3
Supreme Court and lower courts – Article 8,
Section 7
Judges may be naturalized PH citizens.
In re: Gregory Ong
- justice of the Supreme Court
Issue: WON Gregory Ong was born of a Filipino
mother or father
Ruling: SC stated that if there is no evidence
proving Ong’s alien citizenship, he is a Filipino
citizen.
Petition to declare him a Filipino citizen
Quo warranto case against Gregory Ong
Article 11, Section 8 – Accountability of Public
Officers
Constitutional Commission members –
Article 9
1. Commission on Audit (COA) – Article 9
(D)
2. Commission on Election (COMELEC) –
Article 9 (C)
3. Civil Service Commission (CSC) –
Article 9 (B)
Central Bank – Article 12, Section 20
Commission on Human Rights – Article 13,
Section 17 (2)
Constitutional officials should be natural-born
citizens.
Types of Naturalization
1. Judicial proceeding
2. Administrative proceeding
3. Act of Congress by passing a bill
Bengzon v. HRET (2001)
Effect of repatriation – to recover the original
nationality
Respondent Teodoro Cruz
PH citizenship may be reacquired by means
of:
1. Naturalization
2. Repatriation
3. Direct act of Congress
Citizenship can be reacquired and lost by way of
repatriation.
Example: joining the US Military Service
Roa v. Insular Collector of Customs (1912)
Roa – minor
Issue: WON Roa is a citizen of the PH
Ruling: Yes, Roa is a citizen of the PH Islands.
Analogous principles of citizenship in America
Roa followed the nationality of his mother (jus
sanguinis)
Republic v. dela Rosa
Commonwealth Act # 63
Commonwealth Act # 473
Process of Naturalization
1. If he is 21 years old
2. Resident at least 6 months
3. Good moral
4. No disqualification to become a citizen
Proof in Judicial Process
1. He embraces the PH culture
2. Send his children to PH schools
Republic v. Guy
Naturalization proceeding is never final. It may
be revoked anytime because of moral turpitude.
A mere filing of Certificate of Candidacy (COC)
is not an act of repatriation.
In repatriation, one should:
1. Take an oath of allegiance
2. Register to the local civil registrar
Privaldo v. COMELEC
Labo v. COMELEC
Manzano v. COMELEC
derivative citizenship
- a child, below 18, of those who reacquire
PH citizenship are citizens of the PH
- derived the citizenship from parents
If you are a citizen of the state:
you acquire full civil and political rights
(meaning: you have the right to vote and run for
elective public office)
If a person is appointed in the government, he is
asked to swear and subscribe to the PH laws.
A person have to be a Filipino citizen to be a
member of the Philippine Bar.
Territory
Concept of Philippine Territory
- Article 1 of the 1987 Constitution
archipelagic doctrine
- PH as an archipelago consists of the
islands and water surrounding it
- land, terrestrial
- have aerial domain
What consists of PH archipelago?
1. Group of islands
- ceded Treaty of Paris from Spain to US
2. Treaty between Spain and US at
Washington
- Islands – Cagayan
3. Treaty between US and Great Britain
- Southwestern part of the PH
4. all other territories
- Batanes islands
- our historic rights
other parts:
sea, sea bed, insular bed, internal water
(between and connecting the islands)
2 Elements of Archipelagic Principle
1. definition of internal water
2. straight base line
Territorial Sea
1. 12 nautical miles
2. 12 nautical miles from the edge of the
territorial sea
3. Exclusive Economic Zone (EEZ)