Catindoy, Kristine Joy P.

JD4A

1. Q. What is political law? What does it cover?

Ans. Political law, as a crucial branch of public law, acts as the foundational legal framework
for the State. It's not merely a collection of rules, but a dynamic system that defines how a
government is structured, how it operates, and, critically, how it interacts with its citizens.

The case of People v. Perfecto, 43 Phil. 887 (1922) is a landmark Philippine Supreme
Court decision that underscored the nature of political law. In this case, a newspaper editor,
Gregorio Perfecto, was charged with insulting the Philippine Senate through an editorial.
The Court, in acquitting Perfecto, delved into the nature of the law he was accused of
violating (Article 256 of the Spanish Penal Code, which penalized insults against
"ministers of the crown").

The Court essentially held that with the change of sovereignty from Spain to the United
States, certain "political laws" that were inconsistent with the new democratic principles,
like those protecting the "ministers of the crown" from criticism, were deemed abrogated.
This case highlights how political law adapts to fundamental changes in the State's
character and its relationship with its people, emphasizing freedom of speech and the
accountability of public officials in a democratic setting. It illustrates that political law is
not static; it reflects the prevailing political philosophy and system of a nation.

Political law covers:

Constitutional Law: This is the bedrock of political law. It's the highest law of the land,
establishing the fundamental principles of governance. It dictates:

• The Structure of Government: How the different branches (legislative, executive,

judiciary) are organized, their respective powers, and how they interact with each
other (e.g., separation of powers, checks and balances). In the Philippines, this is
primarily enshrined in the 1987 Constitution, which sets up a presidential,
representative, and democratic republic with three co-equal branches.

• Powers and Limitations: It defines what the government can and cannot do. For
instance, it grants powers like taxation and lawmaking, but also imposes limitations
to prevent abuse, often through a Bill of Rights.

• Rights of Citizens: Crucially, constitutional law enumerates and protects the

fundamental rights and freedoms of individuals against state intrusion (e.g.,
freedom of speech, due process, right to privacy).

Administrative Law: While constitutional law sets the broad framework, administrative
law drills down into the practicalities of government operations. It focuses on:

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• Powers and Procedures of Administrative Agencies: Governments operate

through numerous agencies, bureaus, and departments (e.g., Department of Health,
Bureau of Internal Revenue). Administrative law governs how these agencies are
created, how they make rules (rule-making), how they decide cases (adjudication),
and how they enforce laws.

• Checks on Administrative Power: It provides mechanisms for individuals to

challenge arbitrary or unlawful actions by administrative bodies, ensuring
accountability and due process in their dealings with the public. This includes rules
on public hearings, appeals, and judicial review of agency decisions.

• Regulation of Public Life: Administrative agencies regulate vast aspects of daily

life, from environmental protection and food safety to financial markets and public
utilities. Administrative law ensures these regulations are within the bounds of law
and are applied fairly.

Law of Public Officers: This branch deals with the individuals who hold positions of
authority within the government. It covers:

• Qualifications and Disqualifications: Who is eligible to hold public office,

including requirements related to age, citizenship, residency, and professional
qualifications.

• Appointment and Election: The processes by which public officers are selected,
whether through popular vote (elections) or appointment by higher authorities.

• Powers and Duties: The specific responsibilities and authorities vested in different
public offices. This also includes limitations on their powers to prevent abuse.

• Accountability and Liabilities: Mechanisms for holding public officers

accountable for their actions, including administrative sanctions, civil liabilities for
damages, and criminal prosecution for offenses like graft and corruption. The
principle "public office is a public trust" is central here, emphasizing that officials
serve the public, not themselves.

• Tenure and Removal: Rules governing the term of office and the procedures for
suspension, removal, or impeachment of public officials.

Law on Elections: As a democratic state, the Philippines relies heavily on elections to

select its leaders. Election law provides the legal framework for this process, ensuring
fairness and integrity. It covers:

• Suffrage: Who has the right to vote (voter qualifications, registration).

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• Candidacy and Qualifications: Requirements for individuals to run for public

office.

• Election Procedures: The conduct of elections, including campaign rules, voting

procedures, canvassing of votes, and proclamation of winners.

• Electoral Disputes: Mechanisms for resolving challenges and protests related to

election results, ensuring that the true will of the people is reflected.

• Campaign Finance: Rules governing the funding of political campaigns to

promote transparency and prevent undue influence.

Law of Public or Municipal Corporations: This segment of political law focuses on

local government units and other specialized public entities. It deals with:

• Creation and Organization: How local government units (like provinces, cities,
municipalities, and barangays in the Philippines) are established and structured.

• Powers and Functions: The specific powers granted to these local entities, such
as the power to enact local ordinances, levy taxes, and provide public services (e.g.,
waste management, local infrastructure).

• Intergovernmental Relations: The relationship between national government

agencies and local government units, including issues of autonomy, supervision,
and allocation of resources.

• Accountability of Local Officials: Similar to national public officers, it outlines

the accountability of local officials to their constituents and to the national
government.

• Public Corporations: This also extends to government-owned and controlled

corporations (GOCCs), which are entities created by law to perform governmental
or proprietary functions, but operate with a degree of autonomy (e.g., national
power corporations, water districts).

In essence, political law is the legal backbone of the State, ensuring that the government
operates within defined boundaries, serves the public interest, and upholds the rights of its
inhabitants. It's a constantly evolving field, adapting to societal changes and legal
interpretations, always aiming to balance governmental power with individual liberties.

2. Q. Distinguish constitutional law from political law.

Ans. Constitutional law is the legal field that focuses on what constitutions are, how
they are created, and how their rules are understood and applied. Beyond the written
document itself, it also includes the crucial legal principles that emerge from court

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decisions, especially those of the highest courts like the Supreme Court, as they
interpret the constitution in specific legal cases while Political law as the
comprehensive operations manual for the entire government. It's much broader
than just the foundational blueprint (constitutional law) because it covers all the legal
aspects of how the State is organized, how it operates, and how it interacts with its
people.

In essence, Constitutional Law provides the fundamental principles and limits for
government. Political Law then builds upon this foundation, providing the specific legal
frameworks and rules that govern the entire spectrum of governmental activity and its
relationship with the citizenry.

3. Q. Define Constitution.
Ans. As Guiding Principles

Firstly, it's the collection of rules and fundamental principles that consistently dictate
how a nation's ultimate governing authority—its sovereignty—is put into practice
(Cooley, Principles of Constitutional Law, p. 22).

As a Formal Document

Secondly, it can be defined as a written document that establishes, limits, and clearly
defines the core powers of the government. This instrument also carefully distributes
these powers among various government branches, ensuring their secure and effective use
for the benefit of the entire society (Malcolm and Laurel, Phil. Constitutional Law, p. 6).

4. Q. What is the nature of a Constitution?

Ans. The Constitution comes directly from the people's will; it stands as the nation's
fundamental law. This makes it supreme, authoritative, and absolute, and can only be
changed by the same public authority from which it originated. This principle has been
consistently upheld in cases such as Lopez v. De Leon Reyes, 55 Phil. 170 (1930)
and Manila Prince Hotel Corp. v. Government Service Insurance System, 267
SCRA 408 (1997).

5. Q. Should the Constitution be viewed solely as a list of prohibitions and

limitations on government power?
Ans. No, we shouldn't see the Constitution just as a collection of rules telling the
government what it can't do. Instead, it's really a tool that helps structure governance
so it can effectively serve the public. It's more than just a list of regulations; it's the
complete legal foundation for Philippine society (Saguisag v. Executive Secretary,

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Resolution on the Mamasapano High Power Commission, G.R. No. 212426, July
26, 2016).

6. Q. What is the so-called “universality concept” of the Constitution?

Ans. As powerfully stated by the U.S. Supreme Court in Ex parte Milligan (4 Wall 2.),
the Constitution serves as a law for everyone—both those in power and ordinary
citizens—during times of war and peace alike. It consistently protects all
individuals, at all times, and under all conditions. The Court emphasized that no
idea is more harmful than believing any part of the Constitution can be set aside, even
during major government crises (Olaguer v. Castro, 151 SCRA 279 (1987)).

7. Q. What are the purposes of a constitution?

Ans. Serving as the foundational document for government and a protector of
fundamental rights, the Constitution aims to achieve the following:

(a) Establish Governmental Structure: It sets up the permanent framework for the
government's system, assigning specific powers and duties to each department and
laying down the core principles on which the government operates (Malcolm and
Laurel, supra).

(b) Promote Public Welfare: It works to advance the well-being of the public, encompassing
the safety, prosperity, health, and happiness of its people (11 Am Jur. 606). This aligns
with the "common good" principle enshrined within the Constitution itself.

(c) Safeguard Fundamental Rights: The Constitution acts as a shield, protecting fundamental
rights from clear overreach by the Government when it uses its significant powers.
Globally, Constitutions share a common goal: to preserve and improve the interests of
people both as a unified nation and as individual citizens. The Philippine Constitution
is no different.

Therefore, when interpreting its provisions, especially those concerning social justice, the
primary goal should always be to achieve this fundamental objective, benefiting the
populace as a whole (Acar v. Rosal, 19 SCRA 625 [1967]).

8. Q: Classify constitutions. Enumerate the advantages and disadvantages of one

over the other.
Ans. Constitutions are classified as follows:
(a) As to form:
Written: These are single, comprehensive documents usually drafted by a special
convention and are entirely in writing.

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Unwritten: These develop over time through a nation's political evolution,

originating from long-held customs, traditions, practices, or even judicial decisions
and legislative acts. They aren't entirely unwritten, despite the name.
(b) As to origin:
Enacted: These are formally created and put into effect by a specially formed body
tasked with drafting the Constitution.
Historical or Evolved: These are products of a country's political history, having
developed into a fixed fundamental document over a period of time.
(c) As to method of amendment:
Rigid: Amending these constitutions requires a special, complex, and difficult
process, making them hard to change.
Flexible: These can be modified or changed easily, much like regular laws.
Advantages and Disadvantages of a Written Constitution
(a) Advantages (Clearness, Definiteness, and Stability): A written constitution
offers clarity, certainty, and stability because it's meticulously drafted. This
makes it resistant to being easily manipulated by the legislature or courts to suit
fleeting trends. Consequently, the protections and rights it guarantees are
generally more secure. Additionally, it's more stable and less susceptible to
momentary emotional outbursts or popular whims (Garner, Political Science and
Government, p. 534).
(b) Disadvantages of an Unwritten Constitution (Lack of Stability and
Guarantee of Permanency): Conversely, unwritten constitutions suffer from a
lack of stability and guaranteed permanence. They can be altered to fit temporary
desires, much like ordinary statutes, and hold no higher legal authority than other
laws, nor are they changed in any distinct manner (Garner, Political Science and
Government, p. 508).

9. Q. What are the requisites of a good written Constitution?

Ans. A well-crafted written constitution needs to be broad, brief, and definite.

Key Qualities of a Good Written Constitution

Broad: It must establish a government framework that covers the entire nation.

Brief: Due to its fundamental nature, it should only lay out the major organizational
points and key objectives, allowing the specifics to be inferred from these core
elements.

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Definite: Clarity is crucial; any ambiguity in its provisions could lead to conflicting
interpretations, causing significant harm and disorder for the country (Malcolm and
Laurel, supra, pp. 9-15).

Ultimately, a good written constitution also serves as a declaration of general

principles and policies, which are then brought to life through specific laws passed
by Congress.

10. Q. As to contents, what are the essential parts of a written constitution?

Ans. Key Provisions of a Written Constitution
• Safeguarding Rights and Limiting Government: This section outlines the
basic civil and political rights of citizens and places specific restrictions on
governmental power to ensure those rights are protected.
• Structuring Government and Defining Electorate: This part details the
organization of the government, lists its powers, establishes rules for its
administration, and defines who can vote.
• Amending the Fundamental Law: This set of provisions describes the
process for making formal changes to the constitution.

These three groups are often referred to as the constitution of liberty (for rights),
the constitution of government (for structure and powers), and the constitution of
sovereignty (for amendment procedures) (Garner, Introduction to Political
Science, p. 397).

11. Q. Distinguish the Constitution from Statute.

Ans. The following are the distinctions:
(a) A constitution is a direct legislation from the people, being the ultimate repository of
sovereign powers, while a statute is a legislation from the people's representatives, a
manifestation of republicanism.
(b) A constitution provides the general principles, while a statute provides the details for
their implementation.
(c) A constitution is intended to have an indefinite life in order to adapt to present and
future conditions, while, statute covers only the existing conditions; and
(d) A constitution is the fundamental law to which a statute should conform; otherwise,
the latter can be declared null and void.

12. Q. A constitution is impressed with an attribute of permanency or resiliency.

What does this legal postulate want to convey?
Ans. It simply means that a constitution is intended to endure for ages to come and
consequently, to be adapted to the various crisis of human affairs (McCulloch v.

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Maryland, of Wheat 316 (1819]). It could withstand the shocks of political, social, and
economic turmoil the future has in store.

13. Q. May a private individual interpret the Constitution?

Ans. Yes. Even a private individual must ascertain the meaning and effect of the
Constitution in order to govern his own actions and his dealings with other men (16 Am.
Jur. 181-182).

14. Q. What agency has the ultimate authority/power to interpret the

Constitution?
Ans. The ultimate authority/power to interpret or construe the Constitution belongs to the
judiciary which involves an exercise of judicial power and is commonly referred to as the
"power of judicial review."

15. Q. State some basic rules (doctrinal rulings) on the interpretation or

construction of the Constitution.
Ans. The following are some of the basic rules:
(a) Contemporaneous Construction as Verification: Even when the Constitution's
text seems clear, referring to how it was understood at the time it was written can
still help verify or confirm that clear meaning (David v. Senate Electoral Tribunal,
803 SCRA 435 [2016]).

(b) No Interpretation for Clear Language: If the words and language in the
Constitution are plain and easily understood by an average reader, there's absolutely
no need for further interpretation (Marina Port Services, Inc. v. Iniego, 181 SCRA
304).

(c) Ordinary Meaning of Words (Verba Legis): Words used in the Constitution
should be given their common, everyday meaning, following the principle of verba
legis (David v. Senate Electoral Tribunal, supra).

(d) Holistic Reading (Ut Magis Valeat Quam Pereat): The Constitution should
always be read and understood as a single, complete document (ut magis valeat
quam pereat – "that it may rather stand than fall"). Its provisions should function
fully, not in isolation, but in conjunction with all other parts (Chiongbian v. De
Leon, 82 Phil. 771 [1949]; Macalintal v. Commission on Elections, 405 SCRA 614
[2003]).

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(e) Intent of the Framers: The primary goal of constitutional interpretation is to

discern the intent of those who drafted the law (15 Am. Jur. 239-240). This intent
should be drawn from both the literal text and the underlying spirit of the document,
interpreting it in the same spirit in which it was created (Ibid.).

(f) No Interpretation for Unambiguous Provisions, Necessity for Ambiguity:

Courts must accept constitutional provisions that are entirely clear as they are
written; no interpretation is allowed in such cases (Am. Jur. 230-231). However, if
the language is ambiguous and reasonable minds could disagree on its meaning,
then judicial interpretation becomes necessary (State ex rel. Swan v. Jones, 289 P2d
982).
(g) Consistent and Uniform Interpretation: A fundamental rule is that the
Constitution should always be interpreted consistently and uniformly, meaning its
meaning shouldn't shift over time due to changing public opinion or desires (16
Am. Jur. 232-233).

(h) Liberal Construction, Especially for Rights: Constitutional provisions should

generally be interpreted more broadly and liberally than ordinary statutes, meaning
they are not subject to strict construction rules. This liberal interpretation is
especially crucial for provisions designed to protect citizens' liberty and security,
both personal and proprietary (Ibid., 237-238).

(i) Harmonization of Conflicting Provisions: If different provisions appear to clash,

the Court should harmonize them by interpreting the Constitution as one cohesive
instrument (Valenzuela v. Vallarta, 298 SCRA 408 [1998]). The court should avoid
interpretations that render any part meaningless and instead favor readings that
make every word operative (Am. Jur. 264-265).

(j) Interpretation with Historical Context: Constitutional provisions should be

interpreted not only based on current events but also considering the historical
background and circumstances during their adoption that led to their inclusion
(Legaspi v. Minister of Finance, 115 SCRA 418 [1982]).

(k) Doctrine of Necessary Implication: What is implied within the Constitution is as

much a part of it as what is explicitly stated. This is known as the "doctrine of
necessary implication" (NATU v. Torres, G.R. No. 93468, December 29, 1994).

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(l) Prospective Application (Unless Stated Otherwise): Constitutional provisions are

generally applied prospectively (forward-looking) unless a retroactive application
is explicitly permitted, as applying them backward could negatively impact the
administration of justice and disturb established rights (Peralta v. Director of
Prisons, 75 Phil. 285).

(m) Presumed Self-Executing Nature: Constitutional provisions are presumed to be

self-executing. This means that if a right is declared to exist under specific
circumstances, it can be enforced even without separate legislation. If no statute
enforces it, the right enforces itself, serving as the basis for all laws. This embodies
the principle "Ubi jus ibi remedium" (where there is a right, there is a remedy)
(Manila Prince Hotel v. GSIS, 267 SCRA 408 [1997]).

(n) Originalism Theory: One method of interpretation, called originalism, focuses on

understanding the meaning of the Constitution's words at the exact time they were
written.

(o) Living Constitution Theory: Conversely, the living constitution theory

emphasizes interpreting constitutional provisions based on current events (Legazpi
v. Minister of Finance, supra). This approach focuses on the underlying principles
of the Constitution and how they apply to changing conditions, circumstances, and
needs of the present time.

16. Q. State the doctrine of constitutional supremacy.

Ans. Under the doctrine of constitutional supremacy, 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. Thus, 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, 267 SCRA 403 [1997])
17. Q. Distinguish self-executing provisions from non-self-executing provisions.
Ans. A provision that lays down a general principle found in Article II of the 1987
Constitution is usually not self-executing.
However, a provision which is complete in itself and becomes operative without the
aid of an enabling legislation, or that which supplies sufficient rule by means of which

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the right it grants may be enjoyed or protected, is self-executing (Ibid.), such as one
provided under the Bill of Rights.

18. Q. Are the provisions of the Constitution presumed to be self-executing?

Ans. Yes. The Courts, as a rule, consider the provisions of the Constitution as self-
executing, rather than as requiring future legislation for their enforcement. The reason
is not difficult to discern. For if they are not treated as self-executing, the mandate of
the fundamental law ratified by the sovereign people can be easily ignored and
nullified by Congress. This can be cataclysmic (Ibid.). In other words, the presumption
now is that all provisions are self-executing unless it is expressly provided that
legislation is necessary to enforce a constitutional mandate (Ibid.).

19. Q. How may a Constitution be changed?

Ans. It can be changed either by amendment or revision

20. Q. Distinguish amendment from revision.

Ans. An amendment is a minor or piecemeal change in the Constitution, while revision
is a substantial change as it requires rewriting or overhauling of the entire instrument.
The latter implies a change that alters a basic principle in the Constitution, such as
altering the principle of separation of powers and the system of checks and balances
(Lambino v. COMELEC, 505 SCRA 16 [2006]). Amendment is a generic term that
denotes a change in the Constitution. Thus, it can be safely concluded that amendment
is broader in concept to include revision.

21. What is the procedure for making changes to the Constitution?

Ans. Two steps are involved in the procedure:
(a) The proposal to amend or revise; and
(b) The ratification of the draft.

22. Q. How may the 1987 constitution be revised?

Ans. There are two modes of revising the Constitution:
(a) By the Congress, upon a vote of three-fourths of all its Members; or
(b) Through a constitutional convention.
If the Congress chooses to call a constitutional convention to revise the Constitution,
it may either:
(a) Call a Constitutional Convention by a vote of two-thirds of all its Members; or

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(b) Submit to the electorate the question or calling such a body by a majority vote of
all its Members.

23. Q. How may the 1987 Constitution be amended?

Ans. There are three (3) modes of amendment:
(a) First: Congress may directly propose an amendment by a vote of 3/4 of all its
members. In such a case, Congress acts as a constituent assembly which is a non-
legislative function.
(b) Second: Through a Constitutional Convention. The Congress may, by a vote of
two-thirds of all its Members, call a constitutional convention, or by a majority vote
of all its Members, submit to the electorate the question of calling such a convention
(Sec. 3, Art. XVII, 1987 Constitution).
(c) Third: Through Peoples' Initiative. The petition for Peoples' Initiative should be
signed by at least twelve (12) percent of the total number of registered voters, provided
that in each legislative district, at least three (3) percent of the registered voters therein
shall sign the petition (Sec. 2, Art.
XVII, 1987 Constitution).

24. Q. Can the people directly change the Constitution?

Ans. Yes, through initiative. Settled is the rule that the people can only amend and not
revise the Constitution. Section 2, Article XVII of the Constitution, sets the rule:
"Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least
three per centum of the registered votes therein. No amendment under this section shall
be authorized within five years following the ratification of this Constitution nor
oftener than once every five years thereafter."
The people cannot propose revisions even as they are empowered to propose
amendments. By any legal test, a shift from a bicameral presidential to a unicameral
parliamentary system, involving the abolition of the Office of the President and the
abolition of one chamber of Congress, is beyond doubt a revision, not a mere
amendment (Lambino v. COMELEC, 505 SCRA 160).

25. Q. What are the limitations of the Peoples' Initiative in changing the
Constitution?
Ans. The limitations are the following:
(a) They can only amend, not revise;
(b) No amendment shall be authorized within five (5) years following the ratification

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of the 1987 Constitution on February 2, 1987; and

(c) The initiative shall not be exercised oftener than once every five (5) years after the
ratification of the 1987 Constitution (Sec. 2, Art. XVII, 1987 Constitution).

26. Q. Define initiative. What are the systems of Initiative?

Ans. Initiative is the power of the people to propose amendments to the Constitution
or to propose and enact legislation through an
election called for the purpose. The systems of initiative are the following:
(a) Initiative on the Constitution - which refers to a petition proposing amendments to
the Constitution;
(b) Initiative on Statutes - which refers to a petition proposing to enact a national
legislation;
(c) Initiative on Local Legislation - which refers to a petition proposing to enact a
regional, provincial, city municipal or barangay law, resolution or ordinance (Sec.
2[a],
R.A. No. 6735); and
(d) Indirect initiative is an exercise of initiative by the people through a proposition
sent to Congress or the local legislative body for action (Sec. 2[6], R.A. No. 6735).

27. Q. What is a Constitutional Convention?

Ans. A constitutional convention is a body called for a limited purpose — that of
framing and submitting to the people or framing and adopting a new constitution, or
of revising and amending an old one (Dodd, The Revision and Amendment of State
Constitutions, p. 72).

28. Q. What is the nature of the powers of the Constitutional Convention?

Ans. A constitutional convention, lawfully convened, does not derive its power from
the legislature but directly from the people, being the principal and paramount source
of powers. The powers are in the nature of sovereign powers. Thus, the legislature
cannot limit or restrict the same in the exercise of such powers (Loomis v.
Jackson, 9 W. Va. 613, 708). Moreover, a constitutional convention is independent of
and co-equal to the other departments of government (Mabanag v. Lopez Vito, 78 Phil.
1).

29. Q. What is the nature of the powers of the Constitutional Convention?

Ans. A constitutional convention, lawfully convened, does not derive its power from
the legislature but directly from the people, being the principal and paramount source
of powers. The powers are in the nature of sovereign powers. Thus, the legislature
cannot limit or restrict the same in the exercise of such powers (Loomis v.
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Jackson, 9 W. Va. 613, 708). Moreover, a constitutional convention is independent of

and co-equal to the other departments of government (Mabanag v. Lopez Vito, 78 Phil.
1).

30. Q. How may Congress decide to amend or revise the Constitution?

Ans. A resolution separately approved by a simple majority of the Senate and the
House of Representatives is sufficient for the decision to amend or revise the
Constitution. The decision to change it should not be mistaken for approval of the
proposed changes by a vote of 3/4 of all its members. The weight of authorities opines
that this should mean as 3/4 of the Senate and 3/4 of the House of Representatives.

31. Q. When Congress acts as a constituent assembly, a non-legislative function, in

order to change the Constitution, does it need to convert itself into a "Constituent
Assembly"?
Ans. No. The Constitution provides that Congress, the Constitutional Convention, and
the Peoples' Initiative can make changes to the Constitution. Indeed, all of them are
constituent assemblies. There is no need of conversion.

32. Q. When may a proposed amendment become part of the Constitution?

Ans. The proposed amendment shall become part of the Constitution when ratified by
a majority of the votes cast in a plebiscite held not earlier than sixty (60) nor later than
ninety (90) days after the approval of the proposal by Congress or the Constitutional
Convention, or after the certification by the Commission on Elections of the
sufficiency of the petition for a Peoples' Initiative under Section 2, Article XVII, of
the 1987 Constitution.

33. Q. May a proposed amendment to the Constitution be submitted for ratification

at a plebiscite which is scheduled on the same day as the regular elections?
Ans. Yes. The circumstance that the previous amendment to the Constitution had been
submitted to the people for ratification in special elections merely shows that Congress
deemed it best to do so, under the circumstances then obtaining. It does not negate its
authority to submit proposed amendments for ratification in general elections
(Gonzales v. COMELEC, 21 SCRA 774). Settled is the doctrine that the plebiscite
may be held on the same day as regular elections (Ibid.).

34. Q. May piece-meal amendments by the Constitutional Convention be submitted

for ratification?
Ans. No. The use of the word "election" in its singular form simply means that the
entire Constitution should be submitted for ratification at one plebiscite only. Thus,

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submission for ratification of piece-meal amendments by the Constitutional

Convention was disallowed since the people had, at that time, no idea yet of what the
rest of the revised Constitution would be (Tolentino v. Comelec, 41 SCRA 702).

35. Q. May an action to restrain the holding of a plebiscite to ratify amendments that
failed to comply with three-fourths votes, be taken cognizance by the Supreme
Court?
Ans. Yes. In Mabanag v. Lopez Vito, 78 Phil. 1, the Supreme Court refused to take
action on the ground that the proposal to amend the constitution and the submission of
the amendment for ratification by the people is a political question with which, under
the principle of separation of powers, the courts should not interfere.
The above doctrine has already been abandoned in the case of Gonzales v.
Commission on Elections, G.R. No. L-28169, November 9, 1967. The Supreme Court
ruled that the issue of whether or not a resolution of Congress, acting as a constituent
assembly, violates the constitution is essentially a justiciable question and not political
and therefore, subject to judicial review (Sanidad v. COMELEC, 78
SCRA 333).
Thus, the questions as to whether an amendment to the constitution has been adopted
in accordance with the requirements provided for in the fundamental law are within
the province of the courts to determine (McConaughy v. Secretary of State, 106 Minn.
392).

Concepts of State and Government

36. Q. Define State.
Ans. A State is a community of persons more or less numerous, permanently occupying
a definite portion of territory, having an organized government of their own to which
the great body of inhabitants render habitual obedience, and enjoying freedom from
external control (Garner, Introduction to Political Science, pp. 38-41).

37. Q. What are the elements of a State? Explain each.

Ans. The following are the elements of a State:
(a) People - This refers to the mass of population living in a particular territory bound
together for a common end regardless of difference in race, color, religion, or culture.
They could be numerous to ensure continued existence or small enough to be easily
governed. Without people there can be no functionaries to govern and no subjects to be
governed (Poquiz, The New Phil. Constitution, p. 4).
(b) Definite territory - It is the surface of the earth occupied by a State for the purpose
of determining the extent of the exercise of its own jurisdiction. It could be large or

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small, but that is of no consequence (Ibid.).

(c) Organized government - It refers to the agency, instrumentality or magistracy
through which the will of the people is formulated, expressed and carried out. The
government is the representative of the people; while, the latter are the inhabitants
collectively organized for whose the benefit the government exists (Martin, New Phil.
Constitution, p. 18).
(d) Sovereignty - It is the supreme power to command and enforce obedience to all
persons and control properties within its jurisdiction which includes freedom from
external intervention. (Poquiz, The New Phil. Constitution, pp. 17-19)

38. Q. What are the additional attributes of a State? Explain.

Ans. The following are the two (2) additional attributes of a State:
(a) Possession of a certain degree of civilization - The State should possess a certain
degree of civilization coupled with its duties and obligations in the international legal
order to attain the status of statehood. Ability to respect universally accepted principles
of international law is one of the standards of this attribute.
(b) Recognition by the family of nations - Recognition extended by other States is an
act that could make the new State a "full juristic person" under international law and
thus, legally speaking, becomes a member of the family of nations.
Without such recognition, a State will not be considered member thereof with all the
rights and obligations incident to such membership.

39. Q. Is the "Family of Nations" the United Nations?

Ans. Not necessarily. The State having all the attributes of statehood and recognized by
enough members, acquires international
legal personality and becomes a member of the "Family of Nations." Admission of the
sovereign State to the United Nations requires compliance with the requirements of the
United Nations Charter.

40. Q. Distinguish State from the Nation.

Ans. The distinctions are as follows:
(a) The State is a legal or political concept; while, a nation is racial or ethnical concept;
(b) A single State may consist several nations; conversely, a nation may embrace several
states (Cooley's Constitutional Limitations, p. 20).
(c) A sovereign State is not subject to outside or external control; while, a nation may
or may not be subject to external control of other States.

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41. Q. Distinguish State from Government.

Ans. The following are the distinctions:
(a) The State is itself an ideal person, intangible, invisible, immutable; while, the
government is an agent and within the sphere of the agency - a perfect representative.
(Garner, Introduction to Political Science, p. 42); but outside of that, it is a lawless
usurpation (Poinidexter v. Greenhow, 4 U.S
270).
(b) Any act of the government in the name of the State is imputable only to the former.
Thus, any wrong committed by the government cannot be ascribed against the State
under the above Poinidexter doctrine.
(c) The State exists on the basis of an organized government, an essential attribute of
statehood; but a government may exist without State. Thus, a government may
constantly change but does not affect the stability of the State as a juridical entity, being
intangible, invisible and immutable.

42. Q. Classify government.

Ans. 1) As to number of persons wielding governmental powers:
(a) Monarchy - The authority is vested in the hands of a single person usually a Prince,
King, or Queen. It could
aust he governs by the divine right, or limited
because the exercise of some powers is restricted by the constitution.
(b) Aristocracy or Oligarchy - Political power is lodged upon a few privileged class. If
the governance is monopolized by the wealthy few, it is known as plutocracy.
(c) Democracy - Political power is exercised by the majority of the people. It is classified
into direct or pure democracy where the people govern themselves directly as
exemplified through people's assembly, plebiscite, referendum, initiative, or recall; or
indirect or republican democracy, where the people are governed through chosen
representatives.
2) As to extent of powers:
(a) Unitary - One where administration of national and local affairs is vested upon the
central government.
(b) Federal - One where governmental powers are distributed between the national
government and the local governments, each being supreme within its own sphere
(Garner Introduction to Political Science, pp. 197-200).
3) As to relationship between executive and legislative departments of government:
(a) Parliamentary - This is also known as the Cabinet type of government. Under this
system, the Cabinet or ministry is immediately and legally responsible to the legislature
and mediately or politically responsible to the electorate; while, the titular or nominal

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executive the Chief of State occupies only a ceremonial position (Ibid.).

(b) Presidential - One in which the executive is constitutionally independent of the
legislature as regards his tenure and to a large extent as regards his policies and acts.
Under this system, the nominal head of the State is also the real executive (Gettell,
Political Science, p. 219).

43. Q. Explain the following types of government.

Ans. (a) De jure - One that exists in fact and based on existing
constitutional law. It is the rightful and legal government.
(b) De facto - One that exists in fact but is not founded on existing constitutional laws
of the State.
(c) Totalitarian - Even without any popular support but with the sufficient backing of
the military and police forces, governmental powers are confined in the hands of a single
person. Under this system, there is complete absorption of the person by the State,
sacrificing the former's liberty.
(d) Military - One that is organized and administered by a belligerent force in the
territory of an enemy occupied by them (Garner, Political Science and Government, pp.
197-200).
(e) Revolutionary - A government that is usually installed by force of arms or by means
of peaceful mass rallies (people power revolt) culminating in change of the government.
In other words, one that is established outside of constitutional procedures.

44. Q. On the last day of the "People Power" revolt at EDSA, Corazon C. Aquino
took her oath of office. On that occasion she read Proclamation No. I declaring that
they were "taking power in the name and by the will of the Filipino people." What
kind of government was installed? Explain.
Ans. Revolutionary government was installed by virtue of Proclamation No. I as a
consequence of the success of "people power" revolt at EDSA. The people, the true
repository of sovereign powers, are allegedly the ones that established such government.
After the ouster of Pres. Joseph Estrada, a government was installed under Gloria
Macapagal-Arroyo. Pres. Estrada filed a petition with the Supreme Court arguing that
he did not resign and further claimed that his inability to govern was only momentary.
But in the meantime, the cabinet was not already functioning coupled with the
withdrawal of support by the Armed Forces of the Philippines and the Philippine
National Police. Also, Congress has already recognized respondent Macapagal-Arroyo
as the President. Under these circumstances, what kind of government was established
under Gloria Macapagal-Arroyo?
Ans. De jure government was established. Even if petitioner Estrada can prove that he

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did not resign, still, he cannot successfully claim that he is a President on leave on the
ground that he is merely unable to govern temporarily. That claim has been laid to rest
by Congress and the decision that respondent Arroyo is the de jure President made by a
co-equal branch of government cannot be reviewed by the Court (Joseph Estrada v.
Aniano Desierto, et al., G.R. Nos. 146710-15, March 2, 2001).

45. Q. What is the primary purpose why the government is a necessity?

Ans. The primary purpose why the government should continue to exist is to promote
the common good. It is necessary in keeping peace and order, instilling discipline and
obedience, and providing for the protection of persons and property. Without an
organized government, democracy will turn into a mobocracy, where the rule of the
mobs prevails; thus, the community will be governed under an atmosphere of
uncertainty, disorder, insecurity, fear, etc. These are the evils sought to be prevented by
the establishment of an organized and lawful government.

46. Q. What are the traditional classification of governmental functions? Explain.

Ans. The functions of government are classified into (a) constituent (governmental), and
(b) ministrant (proprietary) functions. The former involves an exercise of sovereignty
that constitutes the very bonds of society and are compulsory in nature, such as the
keeping of order and providing for the protection of persons and property; the latter is
an exercise of proprietary functions that are designed to promote the general interests of
society and are merely optional, such as public works, education, health and safety,
water supply, etc. (Bacani v. National Corp., 100 Phil. 468[1985]).

47. Q. Is the traditional classification of the functions of government still realistic?

Ans. No. The growing complexities of modern society, however, have rendered this
traditional classification of the functions of government quite unrealistic, not to say
obsolete. The areas which used to be left to private enterprise and initiative and which
the government was called upon to enter optionally, continue to lose their well-defined
boundaries and to be absorbed within activities that the government must undertake in
its sovereign capacity if it is to meet the increasing social challenges of the times
(ACCFA v. Confederation of Union in Government Corporations and Offices, 30 SCRA
649[1969); Sps. Fontanilla v. Maliaman, 194 SCRA 4 [1991]).

48. Q. In relation to traditional classification of government functions, does the

Constitution fully embrace the concept of laissez-faire? Explain.
Ans. No. The Constitution recognizes the significant role of the private or business
sector; however, it has not fully embraced the concept of laissez faire or, otherwise,

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relied on pure market forces to govern the economy (Employers Confederation of the
Phils. v.
NWPC, 201 SCRA 759). What the Constitution adopted, in lieu of laissez faire theory,
is the welfare state concept in accord with the social justice clause (Alalayan v.
NAPOCOR, 24 SCRA 172).

49. Q. Define sovereignty.

Ans. Sovereignty is the supreme, absolute and uncontrollable power by which a State is
governed (Moore, Digest of International Law). As a juristic concept, sovereignty is an
absolute legal omnipotence residing in a State as a juridical person. Thus, sovereignty
itself is not subject to law for it is the author and source of law (Yick Wo v. Hopkins,
118 US 356). From the perspective of Philippine Constitutional law, that sovereignty
exists so long as the Filipino people exist (Saguisag v. Exec. Secretary, supra).

50. Q. What are the kinds of sovereignty? Explain each.

Ans. The following are the kinds of sovereignty:
(a) Legal sovereignty - It represents sovereignty as supreme law-making power. This is
vested upon the legislature mandated to express in legal form the commands of the State.
(b) Political sovereignty - It is the supreme authority to determine the person or persons
to be in power. This type of sovereignty is exercised by the enfranchised people, that is,
the qualified voters.
(c) Internal sovereignty - It is the power of the State to rule or enforce obedience within
its territorial jurisdiction.
(d) External sovereignty - It is the freedom of the State to carry out its activities within
its territory without external intervention. This aspect of sovereignty is referred to as
independence.
(e) Titular sovereignty - It is one vested in a ruler who represents the unity and dignity
of the State. In England, it is
vested in the Queen who is the nominal and symbolic head of the State.
(f) Actual sovereignty - It is one vested upon a ruler who assumes the leadership of the
government. In the Philippines, it is the President.
Ans. The following are the essential characteristics:
(a) Absoluteness - Within the State, there is no other legal power that possesses equal
or superior authority to it, that is, there can be no legal limits to the supreme legislative
power of the State.
(b) Universality or comprehensiveness - Sovereignty extends to all persons, property,
and associations within the territorial jurisdiction of the State except those which the
State has voluntarily waived the exercise of such jurisdiction.

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(c) Exclusiveness or indivisibility - There can be but one sovereignty in the State which
is entitled to the obedience of its inhabitants. To divide sovereignty is to destroy it.
(d) Permanence - The sovereignty of the State continues as long as the State itself exists.
Those who exercise it may change and the State may be recognized; but sovereignty,
whenever located, persists. Only by the destruction of the State itself can sovereignty
be destroyed (Gettell, Political Science, 124).
(e) Imprescriptibly - The power of the State cannot be lost as a consequence of its non-
assertion through a long period of time (Garner, Political Science and Government,
172).

51. Q. It is settled, the extent of the State's jurisdiction, territorial and personal, is
exclusive; thus, there could be no diminution of its sovereignty. Explain.
Ans. An independent and sovereign State has the supreme power to exercise its authority
over its entire domain. All laws that are decreed apply to all under its jurisdiction,
whether territorial or personal. This quality of exclusiveness asserts that there can be
but one supreme power in a State, which is legally entitled to
the obedience of the inhabitants (Garner, Political Science and Government, 170).

52. Q. What is the concept of sovereignty as auto-limitation?

Ans. Any State may, by its consent, express or implied, submit to a restriction of its
sovereign rights. There may thus be a curtailment of what otherwise is a power plenary
in character. That is the concept of sovereignty as auto-limitation, which is the property
of a state-force due to which it has the exclusive capacity of legal self-determination
and self-restriction. A State then, if it chooses to, may refrain from the exercise of what
otherwise is illimitable competence (People v. Acierto, 92 Phil. 534 (1953); People v.
Gozo, 53 SCRA 476[1973]).

53. Q. The State exercises sovereignty or jurisdiction over persons and things
within its territory. Who are exempted from the application of such power?

Ans. The following are exempted:

(a) Foreign States, members of the diplomatic corps, and consuls to a certain degree;
(b) Foreign State property such as embassies, consular offices, and public vessels;
(c) Foreign merchant vessels exercising the right or easement of innocent passage, or
arrival in distress;
(d) Foreign military personnel stationed or passing through its territory with its consent;
(e) The United Nations or international organizations with diplomatic immunity or
functional independence may also be exempted, by agreement, from the States

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jurisdiction; and (f)

48 SCRA 242; SEAFDEC v. NLRC, 206 SCRA 283; Convention on Privileges and
Immunities of the United Nations and its Specialized Agencies).

54. Q. By Agreement, a State consented the use of its territory as a military base
of another State. Does the State renounce its sovereignty over the military base as
part of its territory?

Does it divest itself completely of jurisdiction over offenses that may have been
committed therein?
Ans. No. The consent was given purely as a matter of comity, courtesy, or expediency.
The State has not abdicated its sovereignty over the bases as part of its territory or
divested itself completely of jurisdiction over offenses that may have been committed
therein pursuant to the terms and conditions of the Agreement (Ibid.).
A State is not precluded from allowing another power to participate in the exercise of
jurisdictional right over certain portions of its territory. If it does so, it by no means
follows that such areas become impressed with an alien character. They retain their
status as native soil. They are still subject to its authority. Its jurisdiction may be
diminished, but it does not disappear (Ibid.).

55. Q. Are embassy premises of a foreign power considered as outside the

territorial domain of the host State? Explain.
Ans. No. The ground occupied by an embassy is not in fact the territory of the foreign
State to which the premises belong through possession or ownership. The lawfulness or
unlawfulness of acts therein committed is determined by the territorial sovereign. If an
attaché commits an offense within the premises of an embassy, his immunity from
prosecution is not affected because he has not violated the local law, but rather for the
reason that the individual is exempt from prosecution (Reagan v. Commissioner of
Internal Revenue, 30 SCRA 95 (1969)). However, in imposing the proper penalty for
such offense is lodged upon the absolute discretion of the sending state.

56. Q. Appellant bought a house and lot located inside the United States Naval
Reservation within the territorial jurisdiction of Olongapo City. She demolished
the house and built another one in its place without a building permit from the City
Mayor of Olongapo. She claimed that the City is devoid of authority to require building
permits. Decide.
Ans. It would be fruitless for appellant to assert that local government units are devoid
of authority to require building permits. This Court, from Switzer v. Municipality of

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Cebu (20 Phil.111) decided in 1911, has sanctioned the validity of such measures
predicated under the general welfare clause. Its scope is wide, well-nigh all embracing,
covering every aspect of public health, public morals, public safety, and the well-being
and good order of the

57. Q. The protestant sought to annul the votes cast inside the U.S
Naval Reservation in Olongapo City on the ground that the voters therein lacked
the residence qualification and the naval base is within the jurisdiction of the U.S.
Government.
Decide.

Ans. By the Bases Agreement, the Philippines merely consents that the U.S. exercises
jurisdiction in certain cases, as a matter of comity, courtesy, or expediency. The
Philippines has not abdicated its sovereignty over the bases as part of the Philippine
territory. The U.S. only retains such jurisdiction as may be necessary to accomplish the
purpose of the reservation, leaving its political jurisdiction to the Philippine Government
(Molina v. Panaligan, G.R. No. L-10842, May 27, 1957).

58. Q. With its membership in the United Nations Organization, does the
Philippines surrender a part of its sovereignty in favor of such organization? Ans.
No. It did not surrender a part of its sovereignty, the latter being indivisible. Membership
in the UNO does not mean an abdication of sovereignty but a mere guarantee, as a
member thereof, that it abides by the objectives and principles decreed in the United
Nations Charter.

59. Q. What is the effect of change of sovereignty on the political laws of a

conquered territory; on the municipal laws; on judicial decisions?
Ans. Upon the change or transfer of sovereignty either by conquest or otherwise the
political laws, except law on treason, of the conquered territory immediately cease to
have effect, except in so far as they are continued in force by express consent of the new
sovereign (Roa v. Collector of Customs 23 Phil. 315; Co Kim Chan
v. Valdez, 75 Phil. 113[1945]; Laurel v. Misa, 77 Phil. 856 [1946)).
The municipal laws of the conquered territory which are not in conflict with the laws of
the new sovereign remain in force, even without the express consent of the new
sovereign (Ibid.).
However, the judicial decisions are valid during the occupation and even beyond except
those of a political complexion which are
automatically annulled as soon as the legitimate authority is restored (Ibid.)

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60. Q. What is the effect of military occupation on (1) the political laws of an occupied
territory, (2) on the municipal laws, and (3) on the inhabitants' allegiance to the
legitimate government?
Ans. (a) Laws of a political nature such as the right of assembly, the right to bear arms,
the freedom of the press and the right to travel freely in the territory occupied, are
considered suspended during the military occupation (Ibid.).
(b) Unless absolutely prevented by the circumstances prevailing in the occupied territory,
the municipal laws in force in the country, that is, those laws which enforce public order
and regulate the social and commercial life of the country, shall be deemed continued and
enforced (Ibid.).
(c) The permanent allegiance of the inhabitants of a territory occupied by the enemy to
their legitimate government is not abrogated by the enemy occupation, because the
sovereignty of the government or sovereign de jure is not transferred thereby to the
occupier. It shall remain vested in the legitimate government. What may be suspended is
the exercise of the rights of sovereignty when the control of the government of the
territory occupied by the enemy passes temporarily to the occupant (Ibid.).

61. Q. Where does sovereignty reside in the Philippines?

Ans. Sovereignty resides in the people and all government authority emanates from them
(Sec. I, Art. II, 1987 Constitution).

62. Q. What is the doctrine of parens patriae?

Ans. Literally, parens patriae means parent or guardian of the country. The doctrine has
been defined as the inherent power and authority of the State, to provide protection to the
persons and property of those persons who are non sui juris such as minors, insane, and
incompetent persons. Thus, the State is considered the parens patriae of such classes of
persons who are incapable of protecting themselves (Govt. of the Phil. Islands v. Monte
de Piedad, 35 Phil. 728[1916]; Vasco v. C.A. 81 SCRA 762 [1978]).

63. Q. The trial court granted the motion for execution, pending appeal, of a judgment
ordering the payment by the father of monthly allowance for support of his two (2)
illegitimate children six (6) months after the perfection of the appeal. After the
perfection of the appeal, the general rule is that an appeal stays the execution. If you
were the Appellate Court, will you sustain the trial court's order of execution?
Decide.
Ans. Yes. The Court of Appeals, in sustaining the trial court's order of execution cited the
demands of substantial justice and the role of the State as parens patriae in protecting the

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interest of minors (Vasco v. Court of Appeals, 81 SCRA 763 [1978)).

64. Q. The lower court decided in favor of the mother to be the trustee of the insurance
proceeds left by the father who had expressly designated the uncle. Was the decision
correct?
Ans. Yes. The judiciary, as an agency of the State acting as parens patriae, is called upon
whenever a pending litigation affects one who is a minor to accord priority to his best
interest. It would be more in consonance not only with the natural order of things but the
tradition of the country for a parent to be preferred. It could have been different if the
conflict were between father and mother. Such is not the case at all. It is a mother asserting
priority. Certainly, the judiciary as the instrumentality of the State in its role of parens
patriae cannot remain insensible to the validity of her plea (Cabañas
v. Pilapil, 58 SCRA 94[1974]). The decision of the lower court is in accord with the
Constitutional mandate of strengthening the family as a basic social institution.

65. Q. What is an "act of state" doctrine? Exemplify.

Ans. The doctrine refers to an act performed by the State in the exercise of its supreme
authority, acting through the instrumentality of the government or delegates within the
limits of its vested power.
In its broadest sense, it includes matters within the province of the political department
of the government and are beyond judicial review, such as expulsion or deportation of
undesirable aliens and prohibiting the latter's entry into the country (Black's Law
Dictionary, 44; Tiu Chun Hai v. Commissioner of Immigration, 104 Phil. 949[1958];
Djumantan v. Domingo, 240 SCRA 746 [1995]).

66. Q. What is the concept of Preamble?

Ans. Preamble comes from the Latin word "preambulare" which means to "walk before."
It merely serves the purpose of introducing the Constitution.

67. Q. It was opined that the Preamble forms no integral part of the Constitution
because it cannot be invoked as a source of private right enforceable by the Courts.
Neither it imposes duties nor creates an office. Comment on this legal theory.
Ans. While a Preamble is not a necessary part of the Constitution, it is still an important
part. Ambiguous provisions that may arise in the Constitution, the Preamble can be
resorted to as an aid in its interpretation.

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68. Q. What is the purpose of the Preamble?

Ans. The Preamble helps in ascertaining the true meaning of the provisions of the
Constitution. It also declares the basic principles, aspirations, and ideals underlying the
enactment of the fundamental charter and for whom it has been promulgated.

69. Q. What were the changes (words and phrases introduced) in the Preamble?
Ans. The following are the changes:
(a) "We, the sovereign Filipino people," which is a first-person approach, indicates the true
repository of sovereignty is the Filipino people.
(b) The phrase "Almighty God" replaces "Divine
(c) "Common good" replaces "general welfare"; the former referring to the promotion of
the welfare of "all" the people.
(d) "Patrimony of the nation" replaced by "Our
Patrimony" for greater emphasis.
(e) "Freedom" replaces "liberty" to make it more emphatic. (f)
principle of social justice in the Constitution.
"The rule of law" is an effective safeguard against human rights violations that may have
been perpetrated by the government.
(h) "Aspirations" represents the lofty hopes and aims of the people which should be
concretized through policies and programs of the government.
(i) "Truth" is introduced to emphasize the principle of "accountability of public officers"
because of the need to deodorize the government from deleterious graft and corrupt
practices.
() "Love" is the very foundation of all the declared principles in the Preamble, such as:
truth, justice, freedom, equality, and peace.
(k) "Freedom" replaces "independence" in order to erase the vestiges of colonialism.

70. Q. Does international law prohibit a State to define its territorial boundaries in
the Constitution?
Ans. No. There is no rule under international law that prohibits a State to define its
territorial boundaries in its Constitution. But, by defining the extent and limits of its
territory is not binding upon other States. Nevertheless, it is important to define one's
national territory for the following reasons:
(a) To preserve its territorial integrity;
(b) To preserve and protect its patrimony;
(c) To manifest the unity of its people; and
(d) To proclaim to other States the extent of its jurisdiction over such boundaries.

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71. Q. What does the National Territory of the Philippines comprise?

Ans. The National Territory comprises the following:
(a) The Philippine archipelago with all the islands and waters embraced therein;
(b) All other territories over which the Philippines has sovereignty or jurisdiction;
(c) The terrestrial, fluvial, and aerial domains including the territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas corresponding to Nos. (1) and (2);
and
(d) The internal waters. (Art. I, National Territory, supra).

72. Q. What is an archipelago?

Ans. The term archipelago comes from the Greek word pelagos meaning "sea." In other
words, it is a sea abounding in islands; hence, it is a group of islands.

73. Q. What are the two (2) kinds of an archipelago? To which kind is the Philippines
classified?
Ans. The following are the two (2) kinds:
(a) Coastal archipelago - is one situated so close to the mainland that it may reasonably be
considered part and parcel thereof, forming more or less an outer coastline from which the
marginal sea is measured.
(b) Outlying or mid-ocean archipelagos - a group of islands situated out in the ocean at
such a distance from the coast of firm land as to be considered an independent whole, rather
than forming part of the mainland.
The Philippines is classified as a mid-ocean archipelago.

74. Q. What does "archipelagic waters" include?

Ans. Archipelagic waters include all waters within the baseline of an archipelago not
falling under the classification of internal waters.

75. Q. What is meant by the so-called archipelagic theory? What about archipelagic
doctrine?
Ans. The archipelagic theory has already been constitutionalized, which means that a group
of islands shall be considered as a national unit. The waters around, between, and
connecting every island in the group, regardless of their breadth and dimensions, shall form
part of the internal waters of the State.As advocated by the Philippines in the International
Convention of the Law of the Sea, the archipelagic doctrine states:
"The baseline from which the territorial sea of an archipelago is to be determined consists

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of straight lines joining appropriate points of the outermost islands of the archipelago.
Connected baselines are, therefore, drawn to enclose the entire archipelago."

76. Q. How does the archipelagic theory, as embodied under Article I of the 1987
Constitution, differ from the version of the 1982 United Nations Convention on the
Law of the Sea?
Ans. Article I of the 1987 Philippine Constitution treats the vast areas of water between
islands as internal waters and therefore not subject to the right of innocent passage. The
1982 UNCLOS version calls such areas "archipelagic waters" and are subject to the right
of innocent passage through passages designated by the archipelago concerned. But, where
the establishment of a straight baseline in accordance with Article 4 of the UNCLOS has
the effect of enclosing as internal waters areas which previously had been considered as
part of the territorial sea or of the high seas (referred to as archipelagic waters), the right of
innocent passage shall exist in those waters, through passages designated by the
archipelago concerned.

77. Q. What is the new archipelagic baseline law of the Philippines?

What is the implication of such law upon the Philippine territorial claims over Sabah and
the Kalayaan Islands Group?
Ans. The new archipelagic baseline law of the Philippines is embodied in R.A. No. 9522
which amended Section 1 of R.A. No. 3046, entitled "An Act to Define the Baselines of
the Territorial Sea of the Philippines," as amended by Section 1 of R.A. No. 5446. R.A.
No. 9522 adopts the "regime of islands" formula in dealing with our claim over Spratlys.
The new law would operate as a repeal of the Sabah provision of previous baseline law,
R.A. No. 5446 resulting in the derogation of other territories clause of the Constitution
(Merlin M. Magallona, "A Framework for the Study of National Territory: A Statement of
the Problem" IBP Journal, September 2008).

78. Q. What is the "regime of islands" doctrine embodied in R.A. he lew archinelagic
baseline law? Explain.
Ans. The "Regime of Islands" Doctrine embodied in the new archipelagic baseline law
modifies the Archipelagic Principle by
excluding two (2) disputed territories, namely: the Kalayaan Islands Group and the
Scarborough Shoal from the country's archipelagic baseline, but they remain as parts of
Philippine territory and considered as "regime of islands" consistent with Article 121 of
the United Nations Convention on the Law of the Seas (UNCLOS). It adopts a mix formula
that combines archipelagic baselines for the main archipelago, and "regime of islands" for

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the disputed islands with the option to fix normal baselines in the islands being claimed in
the disputed Spratly islands group. Under the "regime of islands" principle, baselines will
be drawn on island-to-island basis rather than a package deal-type "archipelago" (Ibid.).

79. Q. The New Baseline Law, R.A. No. 9522 was enacted by Congress to comply with
the terms of the UNCLOS Ill which the Philippines ratified in February 1984. Such
compliance shortened one baseline and optimized the location of some basepoints
around the Philippine archipelago and classified adjacent territories such as
Kalayaan Island Group and the Scarborough Shoal as "regimes of islands" whose
islands generate their own applicable maritime zones. Does conversion from internal
waters into archipelagic waters by R.A. No. 9522 expose the Philippine internal
waters to nuclear and maritime pollution hazard?
Ans. No. The conversion of internal waters into archipelagic waters will not risk the
Philippines because an archipelagic state has sovereign power that extends to the waters
enclosed by the archipelagic baseline, regardless of their depth or distance from the coast.
The Philippines is subject to UNCLOS III which grants innocent passage rights over the
territorial sea or archipelagic waters; thus, the right of innocent passage, being a customary
international law is automatically incorporated in the corpus of Philippine law.The
compliance to UNCLOS III through R.A. No. 9522 will not expose Philippine waters to
nuclear and maritime pollution hazard. If the Philippines does not comply with the baseline
law, it will find itself devoid of internationally acceptable baselines from where the breadth
of its maritime zones and continental shelf is measured and which will produce two-fronted
disasters: (1) open invitation to the seafaring powers to freely enter and exploit the
resources in the waters and submarine areas around the archipelago and (2) it shall weaken
the country's case in any international dispute over Philippine maritime space (Magallona
v. Ermita, G.R. No. 187167, July 16, 2011).

80. Q. Does the use of "regime of islands" formula under R.A. No. 9522 that
determines the maritime zones of the Kalayaan Island Group (KIG) and the
Scarborough Shoal (Bajo de Masinloc) collide with the Philippine claim of
sovereignty over such areas?
Ans. No. Classification of the Kalayaan Island Group and Scarborough Shoal as "Regime
of Islands" is consistent with Article 121 of the UNCLOS III. This manifests the
Philippines' responsible observance of its Pacta Sunt Servanda obligation under UNCLOS
III. Under Article 121, "any naturally formed area of land, surrounded by water, which is
above water at high tide," like the KIG, qualifies under the category of "regime of islands"

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whose lands generate their own applicable maritime zones (Magallona v. Ermita, G.R. No.
187167, August 16, 2011).

81. Q. How should the Republic of the Philippines settle its disputes with the People's
Republic of China regarding the Scarborough Shoal?
Ans. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered (Art. 2[3],
United Nations Charter).
The parties to any dispute, the continuance of which is likely to endanger the maintenance
of international peace and security, shall, first of all, seek a solution by negotiation, enquiry,
mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their own choice (Art. 33[1], United Nations
Charter )

82. Q. What do you think is the legally viable solution under UNCLOS which would
allow building of installations and artificial islands within the exclusive economic zone
(EEZ) of the Philippines?
Ans. The solution is provided under UNCLOS which by necessary implication allows
building of installations and artificial islands within the EEZ of the Philippines, by another
party with the authorization of the Philippines. The curative authorization that would pave
the way for an amicable settlement calls for the observance and respect by another party
such as China of the UNCLOS.

83. Q. The phrase "all other territories belonging to the Philippines by historic right
or legal title" contained in the 1973 Charter has been suppressed in the 1987
Philippine Constitution, thus leaving only "all other territories over which the
Philippines has sovereignty or jurisdiction." What is the implication of the deletion
of the foregoing words "all other territories belonging to the Philippines by historic
right or legal title" from the 1987 Constitution?
Ans. The deletion of the aforesaid words was primarily intended to avoid international
conflict. It was argued that what we cannot claim as part of those islands and territories we
have acquired "by historic right or legal titles," we can still claim under the phrase "all
islands and other territories over which the Philippines has sovereignty or jurisdiction"
(1986 Constitutional Commission Records). It shall not be construed as precluding future
claims as it is the right of every State to acquire territories in accordance with the modes
of acquisition under international law.

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84. Q. What does National Territory refer to?

Ans. The Philippine National Territory refers to areas over which the Philippines has
"sovereignty or jurisdiction" (Saguisag vs Ochoa, Jr., 779 SCRA 241 [2016]).

85. Q. In relation to sovereignty and territorial jurisdiction, what is the so-called

"primacy of sovereignty is the rule"? Explain.
Ans. Within its territory, a Nation reigns supreme. If it will allow interference at all, such
interference should be under the terms the Nation allows and has accepted; beyond those
terms, the primacy of sovereignty is the rule (Ibid.).

86. Q. What is the nature and mechanics of UNCLOS III?

Ans. UNCLOS III has nothing to do with the acquisition (or loss) of territory. It is a
multilateral treaty regulating, among others, sea-use rights over maritime zones (i.e., the
territorial waters [12 nautical miles from the baselines], contiguous zone [24 nautical miles
from the baselines], exclusive economic zone [200 nautical miles from the baselines], and
continental shelves that UNCLOS delimits (Magallona v. Ermita, G.R. No. 187167, July
16, 2011).

87. Q. May the Philippine Government claim sovereignty or jurisdiction over the
Panatag Shoal on the ground that this land territory is within the Philippine Exclusive
Economic Zone (EEZ) under the United Nations Convention on the Law of the Sea
(UNCLOS)?
Ans. UNCLOS III and its ancillary baselines laws play no role in the acquisition,
enlargement, or diminution of territory.
Under traditional international law typology, States acquire (or conversely, lose territory
through occupation, accretion, cession, and prescription, not by executing multilateral
treaties on the regulations of sea-use rights or enacting statutes to comply with the treaty's
terms to delimit maritime zones and continental shelves. Territorial claims to land features
are outside UNCLOS III, and are instead governed by the rules on general international
law (Magallona v. Ermita, G.R. No. 187167, July 16, 2011).
Under the international law and the United Nations Convention on the Law of the Sea
(UNCLOS), the Philippines has jurisdiction over its exclusive economic zone (EEZ) and
extended continental shelf (Saguisag v. Ochoa, supra).

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88. Q. Is the China's claimed nine-dash line, which included sovereign claims over
most of the West Philippine Sea, valid?
Ans. No. The United Nations Permanent Court of Arbitration tribunal found China's
claimed nine-dash line, which included sovereign claims over most of the West Philippine
Sea, invalid under the UNCLOS for exceeding the limits of China's maritime zones granted
under the convention (Republic of the Philippines v.
People's Republic of China, Decision of the U.N. Permanent Court of Arbitration Tribunal
dated July 12, 2016; cited in Saguisag v. Ochoa, supra).

89. Q. Could the maritime features within the West Philippine Seal South China Sea
be the China's basis to claim sovereign rights within the Philippine's exclusive
economic zone (EEZ)?
Ans. No. The maritime features within the West Philippine Sea/South China Sea that China
had been using as basis to claim over sovereign rights within the Philippines' EEZ were
not entitled to independent maritime zones; thus, the same was rejected by the Arbitration
Tribunal. Further, China violated its international obligations when it constructed
installations and structures, and
later on building a large artificial island on a low-tide elevation located in the EEZ of the
Philippines (Ibid.).

90. Q. Does the Philippines have jurisdiction with respect to cables laid in its
territory?
Ans. Under Part VI, Article 79 of the United Nations Convention on the Law of the Sea
(UNCLOS), the Philippines clearly has jurisdiction with respect to cables laid in its
territory that are utilized in support of other installations and structures under its
jurisdiction (Capitol Wireless, Inc. v. Provincial Treasurer of Batangas, 791 SCRA 272
[2016]).

91. Q. What are the three (3) navigable waters from the standpoint of international
law ?
Ans. The following are the navigable waters:
(a) Inland or internal waters - The internal waters constitute the waters on the landward
side of the baseline of the territorial sea. These waters include the harbors, ports,
roadsteads, internal gulfs, bays, straits, lakes, and rivers (Art.
8, Law of the Sea Convention).
(b) Territorial sea - The territorial sea is a belt of sea adjacent to a State's land territory and
internal waters the breadth of which is measured from the baselines and extending seaward

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up to a limit not exceeding 12 nautical miles (Arts. 17-

21, ibid.).
(c) High or open seas - All parts of the sea that are not included in the exclusive economic
zone, in the territorial sea or in the internal waters of States, or in the archipelagic state, are
considered high seas (Art. 86, ibid.). They are waters that lie seaward of the territorial sea.

92. Q. What are the other territories included in the Philippine archipelago?
Ans. The following are the other territories:
(a) Seabed or sea floor - It refers to the land the supports the sea that may contain minerals
and natural resources to be explored and exploited for economic purposes by the Coastal
State.
(b) Subsoil - It refers to anything below the surface of the soil and the seabed which may
also be rich in minerals and natural resources.
(c) Continental or insular shelf - It is a gently sloping zone under relatively shallow seas,
offshore from a continent or island (The Chambers Dictionary, p. 369). Simply stated, it is
the submerged portion of the Continent or offshore island which gently slopes seaward
from the baselines of the Coastal State from which the territorial sea is measured until it
reaches great ocean depths.
(d) Other submarine areas - These are the areas under the territorial sea of the coastal State.
(e) Other areas - Other areas include the terrestrial, fuvial, and the aerial domain of the
State.

93. Q. What are the rights of a Coastal State in its territorial area?
Ans. The coastal state possesses full political and economic sovereignty over its territorial
sea subject to the traditional rights of other States under international law such as the
principle of "innocent passage." This privilege may however be suspended by one coastal
State if national security requires it. The grant of such privilege carries with it a
corresponding duty on the part of other States to ensure that the passage of their ships does
not prejudice the good order, peace, and security of the coastal State (Arts. 17-21, Law of
the Sea Convention).

94. Q. What is innocent passage?

Ans. The term innocent passage refers to the passage which is not prejudicial to the peace,
good order, or security of the coastal State. It may be exercised in "straits used for
international navigation" and in archipelagic waters as well (Ibid.). But, foreign ships
cannot "innocently pass through" the internal waters of a coastal state.

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95. Q. What is the concept of "Straits used for International Navigation"?

Ans. The term "straits used for international navigation" refers o straits and passages that
are used for international navigation which connects one area of the high seas or an
exclusive economic zone to another area of the high seas or an exclusive economic zone.
The Coastal State must allow transit passage for foreign ships. Since the Philippines is an
archipelagic state, foreign vessels may only exercise passage through such straits if sea
lanes are designated (Arts. 37-38, ibid).

96. Q. What is "freedom of the seas"? Explain.

Ans. The "freedom of the seas" simply means that no part of the sea, except the maritime
zone, can be subjected to the sovereignty and jurisdiction of any State. The mode of
acquisition under international law, such as occupation, cannot be applied to legalize the
incorporation of a part of the sea into the territory of a State.

97. Q. High seas are res nullius. What does it mean?

Ans. High seas or open seas belong to nobody; thus, all States can make use of the open
seas for peaceful, economic purposes such as navigation, overflight, laying of submarine
cables, fishing, etc. The "freedom of navigation," which is the right of the ships to sail on
the high seas subject only to the rules under international law, is recognized.

98. Q. What is a contiguous zone? Is it a part of the territory of the Coastal State?
Ans. The contiguous zone is an area adjacent to the territorial sea, not exceeding twenty-
four (24) nautical miles from the baselines from which the breadth of the territorial sea is
measured (Art. 33, Law of the Sea Convention). Technically, it is not a part of the territory
of the Coastal State, but it may exercise jurisdiction over the contiguous zone for the
purpose of enforcing its customs, immigration, and sanitary laws.

99. Q. What is an exclusive economic zone?

Ans. The Law of the Sea Convention defines exclusive economic zone (EEZ) as an area
beyond and adjacent to the territorial sea extending up to a maximum of two hundred (200)
nautical miles from the baseline from which the territorial sea is measured.

100. Q. What is the so-called exclusive economic zone under Philippine law? Explain
Ans. By virtue of P.D. No. 1599, the Philippines established a zone to be known as the
exclusive economic zone. It shall extend to a distance of two hundred (200) nautical miles
beyond and from the baselines from which the territorial sea is measured. However, if the
zone overlaps with the exclusive economic zone of an adjacent or neighboring state, the

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common boundaries shall be determined by treaty stipulation with the state concerned or
in accordance with pertinent generally accepted principles of international law on
delimitation.

101. Q. What are the rights of a Coastal State in the "exclusive economic zone"?
Ans. The rights of a Coastal State in its exclusive economic zone pertain to the exploration,
exploitation, conservation, and management of living and non-living resources of the
seabed, subsoil, and superjacent waters.
It exercises jurisdiction over the following:
(a) Establishment and use of artificial islands, installations and structures;
(b) Marine scientific research;
(c) Protection and preservation of the marine environment; and
(d) Other rights and duties provided for in the Law of the Sea Convention.
Other States may exercise the following rights in the EEZ:
Other States may exercise the following rights in the EEZ:
(a) Overflight and navigation;
(b) Laying of submarine cables and pipelines; and
(c) Other internationally lawful uses of the sea such as those associated with the operation
of ships, aircraft, and submarine cables and pipelines (Ibid.).

102. Q. Are the declared principles and policies under Article II, 1987 Constitution,
self-executing?
Ans. No. They do not confer judicially enforceable rights but only provide guidelines for
legislative or executive action (Kilosbayan, Incorporated v. Morato, 250 SCRA 130
(1995]; Tondo Medical Center Employees Assoc. v. Court of Appeals, 527 SCRA 746
[2007]). However, it has already been settled, that all provisions of the Constitution are
self-executing, unless it is expressly provided that a legislative act is necessary to enforce
a constitutional mandate. A contrary rule would give the legislature discretion to determine
when or whether, they shall be effective. In case of doubt, the provisions of the Constitution
should be considered self-executing rather than non-self-executing (Manila Prince Hotel
v. GSIS, 267 SCRA 408[1997]; Imbong v. Ochoa, Jr., 972 SCRA 146 [2014]).

103. Q. What is the significance of these principles as aids to constitutional

interpretation or construction?
Ans. The meaning and intent of any provisions of the Constitution should be sought in the
words of the document itself rather than in some place outside of it. The reason is that the
very words of the Constitution are the best guides in interpreting its provisions (16 Am.

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Jur. 2d, cited in Republic v. Sandiganbayan, 407 SCRA 10[2003]). Thus, the text of the
Constitution on declared principles and policies could serve as primary aids to
interpretation and construction (Ibid.).

104. Q. What is a Republican government?

Ans. A Republican government is one which derives all its powers directly or indirectly
from the great body of people and is administered by persons holding their offices at
pleasure for a limited period or during good behavior (The Federalist, No. 39, p.
242). It is a government by representatives chosen by the people. It is a form of indirect
democracy.

105. Q. Where does sovereignty reside? What is sovereignty?

Ans. Sovereignty resides in the people and all government authority emanates from them.
The people have the ultimate power to set up a government and change it as it is the true
repository of sovereignty. Thus, sovereignty is the possession of sovereign power; while,
jurisdiction is the conferment by law of power and authority to apply the law (Saguisag v.
Exec. Secretary, G.R. No. 212426, January 12, 2016).

106. Q. What are the manifestations of a republican government?

(a) The existence of a bill of rights (Art. III);
(b) The observance of the rule of the majority (infra);
(c) The observance of the principle that ours is a government of laws, and not of men
(infra);
(d) The presence of elections through popular will (Art. V);
(e) The observance of the principle of separation of powers and the system of checks and
balances (see Art. VI, Sec. 1);
(f) The observance of the principle that the legislature cannot pass irrepealable laws (see
Art. VI, Sec. 26);
(g) The observance of the laws on public officers (Art. XI), and
(h) The observance of the principle that the State cannot be sued without its consent (Art.
XVI, Sec. 3).

107. Q. What is a "bill of rights"? Explain.

Ans. A Bill of Rights is a classified list of the rights and privileges of individuals, whether
personal, civil, or political, which the Constitution is designed to protect against
governmental oppression. It is a charter of liberties for the individual and a limitation upon
the power of the State (Black's Constitutional Law, pp. 9-10).

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108. Q. What is the principle of the rule of majority? Explain.

Ans. The principle of majority rule simply means that any rule of action once adopted by
the greater number is binding upon all, including those who oppose it. This is the social
discipline of democracy. Without respect for majority rule, our system of government will
cease to be one of ordered liberty, but of chaos and violence (Serrano, Political Law Series,
pp. 52-53).

109. Q. Does the "majority rule" imply a right to tyrannize the minority?
Ans. No. There are rights of the minority, protected by the Constitution, which the majority
must respect. A vigilant and active minority is conducive to good government in a
democracy. On the other hand, the suppression of the minority by the majority may lead
either to dictatorship or to revolution (Rossiter and Laire, The Essential Lippman, p. 13).
Indeed, the "dictatorship" of the many is repulsive to the very essence of republican
democracy.

110. Q. What do you understand by the principle of government of laws and not of
men?
Ans. By this principle is meant that no man in this country is so high that he is above the
law; that no officer of the land set the law to defiance with impunity; that all the officers
of the government from lowest to the highest are creatures of the law and are bound to obey
it. The principle of government of laws means that every man is a ruler and a freeman,
possessing equal rights with every other man in the eyes of the law (Villavicencio v.
Lukban, 39 Phil. 778; People v. Perfecto, 43 Phil. 48).

111. Q. What is a right of suffrage?

Ans. Right of suffrage is the machinery by which the people exercise their sovereign will
through the electoral process so conducted. This is the symbol of popular sovereignty in a
republican democracy. Indeed, it is the people who make an unmake rulers on the basis of
their exercise of such universal suffrage. Thus, this right must be vigilantly guarded if
people desire to maintain for themselves and their posterity a democratic way of life.

112. Q. What is the principle of separation of powers? Explain.

Ans. The principle of separation of powers operates to confine legislative powers to the
legislative department, executive powers to the executive department, and judicial powers
to the judiciary. By this principle, the officers entrusted with the exercise of each of these
powers are not permitted to encroach upon the powers confided to others; and each officer
shall be limited to the exercise of the powers appropriate to his own department and no

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other (Kilbourn v.Thompson, 103 U.S. 168, 25 L. Ed. 17; Abueva v. Wood, 45 Phil. 612).
Otherwise, it would violate the Trias Politica Principle entrenched in the very fabric of
democracy itself (H. Villarica Pawnshop, Inc. v. Social Security Commission, G.R. No.
228087, January 24, 2018). Accumulation and concentration of powers in the hands of the
same person or group of persons will lead to a despotic or tyrannical government.

113. Q. What is a political question?

Ans. A political question relates 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 been delegated to the legislative or executive branch of the government
(Tañada v. Cuenco, G.R. No. L-10520, February 28, 1957).
Thus, under the "political question doctrine" political issues are outside judicial review
because these are left to the people to decide in their sovereign capacity.

114. Q. Is the "political question doctrine" still in effect in light of the power of judicial
review over acts of the legislative or executive, done with grave abuse of discretion?
Ans. Yes. While it is conceded that Article VIII, Section 1 of the Constitution has
broadened the scope of judicial inquiry into areas normally left to the political departments
to decide, such as those relating to national security, it has not altogether done away with
political questions such as those which arise in the field of foreign relations (Bayan
[Bagong Alyansang Makabayan] v. Zamora, 342 SCRA 449 [2000]).

115. Q. Can the Senate President sue for mandamus to compel the President to ratify
the "Rome Statute on Universal Criminal Jurisdiction" and transmit it to the Senate
for the consent of 2/3 of its members?
Ans. No. The ratification of a treaty is a discretionary power of the President related to
foreign relations which involves political question that is outside the power of judicial
review, but to be decided in the exercise of sovereign will of the people to whom the
President is answerable for his action (Pimentel v. Executive Secretary, G.R.
No. 158088, July 6, 2005).

116. Q. Can the President validly withdraw from the International Criminal Court?
Ans. Yes. The supreme political act of the President to withdraw from ICC is a political
question which may not be reviewed, disturbed, interfered with, or altered by the Supreme
Court in accord with the principle of separation of powers. Likewise, the members of the
Senate of the Philippines cannot interfere with the exclusive discretionary power of the

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President on the withdrawal from the ICC because it would violate the principle of
separation of powers under the Constitution.

117. Q. Does the President have the power to ratify a treaty under the Constitution
that includes the power to withdraw from it?
Ans. Yes. There is no question that the President has the power to ratify a treaty under the
Constitution, which includes the power to withdraw from it in the exercise of his sovereign
power over foreign relations, for which the President is answerable only to the people under
the "political question doctrine."

118. Q. The President issued a Directive ordering the destruction of smuggled luxury
cars confiscated by the Bureau of Customs. A petition was filed to restrain the
President and the Bureau of Customs from enforcing the Directive. In contesting its
legality, the petitioner insinuates that there was a hidden motive for the issuance of
the Directive, different from its announced intention. Decide.

Ans. The petition to restrain the enforcement of the President’s directive ordering the
destruction of smuggled luxury cars is unlikely to succeed merely based on allegations of
hidden motives. The courts will uphold the directive if it is within the President’s authority,
lawful, and done with procedural fairness. Mere insinuations of ulterior motives do not
negate the legality of the directive.

119. Q. The soaring prices of prime commodities like oil in the world market have
tremendously affected the economy of some nations such as the Philippines. On this
ground, a petition was filed purposely urging the government to withhold payment of
its international debt. The issue is whether or not the government should honor its
international commitment to pay its debt. Decide.

Ans. Under Philippine laws and international legal principles, the government should
honor its international debt commitments despite economic challenges like soaring oil
prices. The proper remedy is to negotiate with creditors for possible debt relief or
restructuring, not to withhold payment outright. Failure to pay unilaterally may be unlawful
and damaging to the country's international standing and economic interests

120. Q. The petitioners argued that Pres, Duterte committed grave abuse of discretion
when he allowed the burial of Pres. Ferdinand E. Marcos at the "Libingan ng mga
Bayani,” which would justify the Court to interpose its authority to check and
override an act entrusted to the judgment of the President, Does Pres. Duterte commit

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a grave abuse of discretion in allowing the burial of Pres. Marcos at the LNMB?
Decide.

Ans. In Duterte v. Bautista (G.R. No. 252770, 2016), the Supreme Court ruled that:

“The decision to allow the burial of former President Ferdinand Marcos at the Libingan ng
mga Bayani falls within the discretion of the President, and the Court will not interfere
absent a clear showing of grave abuse of discretion.”

• The Court emphasized that the political question doctrine applies.

President Duterte did NOT commit grave abuse of discretion in allowing the burial of
former President Ferdinand Marcos at the Libingan ng mga Bayani. The decision was a
valid exercise of executive discretion, and judicial intervention is unwarranted in the
absence of a clear illegality or constitutional violation.

121. Q. Is the question of legitimacy of Pres, Corazon Aquino's government within

the ambit of judicial review?

Ans. No, the question of the legitimacy of President Corazon Aquino’s government is not
within the ambit of judicial review. It is a political question that the courts cannot and will
not decide. The judiciary recognizes the government exercising effective control and
legitimacy in fact.

In the case of Javellana v. Executive Secretary (G.R. No. L-32432, 1973)

• The Supreme Court held that questions of the validity of a government or the acts
of a de facto government are political questions, not judicial questions.
• The Court will recognize the government that exercises de facto control over the
state.

122. Q. Is the dismissal of the petition to impeach the President by the Committee on
Justice of Congress cognizable by the Supreme Court?

Ans. No, the dismissal of the petition to impeach the President by the Committee on Justice
of the House of Representatives is not cognizable by the Supreme Court. The power to
decide on the sufficiency and dismissal of impeachment complaints rests solely with the
House and is beyond judicial review.

In the case of Tan v. Senate (G.R. No. 125872, 1998)

The Court ruled that:

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“The power of the House of Representatives to initiate impeachment cases

and to determine whether the complaint is sufficient in form and substance
is exclusive and cannot be reviewed by the courts.”

The dismissal of the petition to impeach the President by the House Committee on
Justice is an internal political process entrusted exclusively to the legislative branch.

The Supreme Court cannot interfere with or review the Committee’s dismissal because it
would violate the separation of powers and the political question doctrine.

Judicial interference would undermine the exclusive constitutional mandate given to the
House.

123. Q. The issue is whether or not the Philippine government should espouse claims
of its nationals (comfort women during World War II) against Japan. Otherwise
stated, may the Supreme Court compel the President to take up the cause of the
petitioners' comfort women against a foreign government?

Ans. No, under Philippine laws, the Supreme Court may not compel the President to
espouse the claims of Filipino comfort women against Japan. Under the 1987 Constitution,
the President has the power over foreign affairs (Article VII, Section 17): “The President
shall have control of all the executive departments, bureaus, and offices. He shall ensure
that the laws are faithfully executed.”

• In cases such as Saguisag v. Executive Secretary (G.R. No. 128698), the Supreme
Court held that foreign affairs are within the executive’s exclusive prerogative.
• The Court declined to interfere in foreign relations matters even when fundamental
rights or justice claims were involved.

Therefore, the decision to pursue or abandon such claims is a matter of foreign policy and
diplomacy, vested exclusively in the Executive branch.

124. Q. The President issued a Proclamation reserving certain parcels of private lands
for the development of Cavite Export Processing Zone. A complaint for expropriation
was filed but the owners whose rice lands were converted into an industrial complex
site refused to give. May the Court inquire as to the wisdom and the philosophy
behind the issuance of such a Proclamation?

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Ans. No, the courts may not inquire into the wisdom or philosophy behind the President’s
Proclamation reserving lands for the Cavite Export Processing Zone, as this is a political
question and an exercise of executive discretion.

In the case of Philippine National Bank v. Court of Appeals (G.R. No. 111439): The
Court ruled that the wisdom or policy behind a proclamation is not for the judiciary to
question, and its Judicial inquiry is limited to whether the proclamation was issued
within the scope of authority and not arbitrary or capricious.

The President’s Proclamation reserving lands for the Cavite Export Processing Zone
involves policy and economic development considerations, the court’s role is limited
to reviewing legality and procedural fairness in the expropriation process; the
court cannot question the wisdom or policy decisions behind the issuance of the
proclamation and landowners are entitled to just compensation, but cannot block the
exercise of eminent domain by disputing policy wisdom.

Thus, the courts' jurisdiction is limited to ensuring the legality of the act and that just
compensation is paid to the owners.

125. Q. Does the Constitution allow budget realignment or augmentation whereby

savings from a particular project may be realigned to another project in the same
office?

Ans. The Constitution allows budget realignment or augmentation only when expressly
authorized by law or the General Appropriations Act. Savings from one project may be
realigned to another project within the same office only if such reallocation is legally
permitted. Otherwise, funds must be spent as appropriated by Congress.

126. Q. What is the pork barrel system? Does it violate the principle of separation of
powers?

Ans. The pork barrel system in the Philippines refers to the practice where legislators,
especially members of Congress, are allocated discretionary funds that they can use for
local projects in their constituencies. These funds are often intended to finance
infrastructure projects, livelihood programs, and other community needs.

127. Q. The Senate Blue Ribbon Committee initiated a legislative inquiry on a matter
that was already pending before the Sandiganbayan. May the committee validly
conduct such an inquiry?

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Ans. Yes, the Senate Blue Ribbon Committee may validly conduct a legislative inquiry on
a matter pending before the Sandiganbayan, as legislative inquiries and judicial
proceedings are separate and concurrent functions under Philippine law.

128. Q. Are the acts of the House of Representatives Electoral Tribunal to determine
the election, returns, and qualifications of the members of Congress exclusive?

Ans. Yes, the acts of the House of Representatives Electoral Tribunal to determine the
election, returns, and qualifications of members of Congress are exclusive and
generally not subject to judicial review, except in cases of grave abuse of discretion or lack
of jurisdiction.

129. Q. What is the principle of checks and balances? Explain.

Ans. The principle of checks and balances is a fundamental constitutional doctrine

that ensures that the powers of government are divided among the three branches—
Legislative, Executive, and Judiciary—in such a way that each branch has some degree of
oversight and control over the actions of the others.

The principle of checks and balances under Philippine law is the system by which the three
branches of government—legislative, executive, and judiciary—exercise controls over
each other’s powers to prevent abuse and maintain a balance of power. This principle is
vital in upholding constitutional governance and safeguarding democratic processes.

130. Q. What are the instances under the Constitution that would exemplify the
principle of checks and balances?

Ans. 1. Presidential Veto Power

• Constitutional Provision: Article VI, Section 27

• Explanation:
The President can veto bills passed by Congress to prevent legislation he/she finds
objectionable.
• Check: Executive checks the Legislative.

2. Congressional Override of Presidential Veto

• Constitutional Provision: Article VI, Section 27

• Explanation:
Congress may override the President’s veto with a two-thirds vote in both Houses.
• Check: Legislative checks the Executive.

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3. Senate Confirmation of Presidential Appointments

• Constitutional Provision: Article VII, Section 16

• Explanation:
The Senate must confirm appointments of certain officials made by the President,
including members of the Cabinet, ambassadors, and the judiciary.
• Check: Legislative checks the Executive.

4. Impeachment Power

• Constitutional Provision: Article XI, Sections 2 and 3

• Explanation:
The House of Representatives can impeach the President and other high officials;
the Senate tries impeachment cases.
• Check: Legislative branch checks the Executive and Judiciary.

5. Judicial Review

• Constitutional Provision: Article VIII, Section 1

• Explanation:
The Supreme Court can declare laws or executive acts unconstitutional.
• Check: Judiciary checks the Legislative and Executive.

6. Presidential Power to Call Special Sessions of Congress

• Constitutional Provision: Article VI, Section 23

• Explanation:
The President can call Congress into special session.
• Check: Executive checks Legislative.

7. Congressional Power to Enact Appropriations and Control the Budget

• Constitutional Provision: Article VI, Section 29

• Explanation:
Congress controls public funds and appropriations, limiting the Executive’s
spending power.
• Check: Legislative checks Executive.

8. Congressional Power to Conduct Legislative Inquiries

• Constitutional Provision: Article VI, Section 21

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• Explanation:
Congress can investigate executive agencies and officials in aid of legislation.
• Check: Legislative checks Executive.

9. Judiciary’s Power to Issue Writs and Enforce Legal Rights

• Constitutional Provision: Article VIII, Section 1

• Explanation:
Courts can restrain unlawful acts of other branches (e.g., writ of habeas corpus).
• Check: Judiciary checks Executive and Legislative.

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