1 Political Law Reviewer. Wlcnotes - Nts2019

POLITICAL LAW the functionaries and consequently established the
agencies. These functionaries are the one who

procreate them. For people to participate in that
➢ is a branch of public law which deals with the
governance, he has to be a member of that political
organization, and operations of the governmental
organs of the State and defines the relations of the community. ➢ Citizenship: membership that people
State with the inhabitants of its territory [People v. referred to. ➢ Citizen – title referred to a
Perfecto, 43 Phil. 887; Macariola v. Asuncion, 114 “member/person” of a citizenship. Constitutional Law I:
SCRA 77] study about “Who are the citizens of the Philippines?”
under Art. 4 of 1987 Constitution ART 4 (Citizenship)
➢ POLITICAL comes from the Greek word “Polis”
Section 1. The following are citizens of the Philippines:
(City/state) (eg. Republic of the Philippines –
modern times) [1] Those who are citizens of the Philippines at the time
of the adoption of this Constitution; [2] Those whose
➢ It is a study about the “State” and when you fathers or mothers are citizens of the Philippines; [3]
study about the state, you study about “group of Those born before January 17, 1973, of Filipino
people” more or less with numerous tiny definite mothers, who elect Philippine citizenship upon reaching
proportions of territory having a government to the age of majority; and [4] Those who are naturalized
which they render habitual obedience and enjoys
in accordance with law. TERRITORY ➢ fixed portion of
sovereignty.
the surface of the earth inhabited by the people of the
state. ➢ CANNOT be a “State” WITHOUT a TERRITORY
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge because where will you put up your governmental
Stella Alma Singko 1 | P a g e Ngayon ka pa ba susuko, agencies and structures, and who are you going to
kung kailan malayo na ang narating mo? LABAN LANG. govern if there is no definite portion of an area or a
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma phase where you can enact it? In Constitutional Law I,
Singco |S.Y. 1st sem (2018) Transcribed by: España Date: you study about “National Territory”. Especially now,
AUGUST 14,2018 POLITICAL LAW ➢ is a branch of public that Philippines have a controversy regarding the
law which deals with the organization, and operations of “disputes of land” Over Scarborough Shoal and recently,
the governmental organs of the State and defines the over Benham Rise to China. ART.1 (Definition of
relations of the State with the inhabitants of its territory “National Territory”) NATIONAL TERRITORY ➢ The
[People v. Perfecto, 43 Phil. 887; Macariola v. Asuncion, national territory comprises the Philippine archipelago,
114 SCRA 77] ➢ First subject taken in the Bar exam for 4 with all the islands and waters embraced therein, and all
Sundays. ➢ POLITICAL comes from the Greek word other territories over which the Philippines has
“Polis” (City/state) (eg. Republic of the Philippines – sovereignty or jurisdiction, consisting of its terrestrial,
modern times) ➢ It is a study about the “State” and fluvial and aerial domains, including its territorial sea,
when you study about the state, you study about “group the seabed, the subsoil, the insular shelves, and other
of people” more or less with numerous tiny definite submarine areas. The waters around, between, and
proportions of territory having a government to which connecting the islands of the archipelago, regardless of
they render habitual obedience and enjoys sovereignty. their breadth and dimensions, form part of the internal
ELEMENTS OF STATE: (According to Isagani Cruz’s book waters of the Philippines. GOVERNMENT ➢ agency or
Political Law) 1. People 2. Territory 3. Government 4. instrumentality in which the will of the state is
Sovereignty When you study all of these elements, you formulated, expressed, and realized. ➢ Where
will learn to know the following: ➢ How do “People” authority is being sourced. ➢ The “myth” of your
participate in the state affairs? ➢ What justifies their subject matter. ➢ You have conditions on the
participation in governmental affairs? PEOPLE ➢ government like Art. 6 (The Legislative Department),
“inhabitants of the state”. ➢ are those who established Art. 7 (Executive Department), Art. 8 (Judicial
1 Political Law Reviewer. WLCNotes | NTS2019

Department), and SYSTEMReviewer by: Lorebeth L. patrimony, and secure to ourselves and our posterity,
España Consti I |Judge Stella Alma Singko 2 | P a g e the blessings of independence and democracy under
Ngayon ka pa ba susuko, kung kailan malayo na ang the rule of law and a regime of truth, justice, freedom,
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY love, equality, and peace, do ordain and promulgate this
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018) Constitution. ➢ For if not for your vote, these people in
the subsequent provisions in the constitution really the government could not have yielded the powers,
need their own defense like the “Constitutional could not have occupy the positions that they are in
Commission” (Consisting of COA, Civil Service, now and hold these powers of the government.
Commission On Election, Commission of Human Rights, Ultimately, it is the people decide that they should yield
The Ombudsman, and what are the principles governing the powers in the government. That makes you the
the relationship between a man, his government offices source of sovereignty. ➢ What happens now to the
and the relation WITH inhabitants of the country. WHAT “Haring Lungsod” is that they become YOUR KINGS
IS THE SUPREME POWER TO DO WITHIN AND OUTSIDE instead of you. They are supposed to be your PUBLIC
OF THE TERRITORIAL BOUNDARIES? ➢ WITHIN: It is the SERVANTS because the “Haring Lungsod” chose them.
power of the government to pass laws for the people to Scope of Political Law 1. CONSTITUTIONAL LAW ➢ The
obey. ➢ OUTSIDE: It is the freedom of the state from study of the maintenance of the proper balance
external control or region of inhabitance. SOVEREIGNTY between authority as represented by the three inherent
➢ Supreme and uncontrollable power inherent in a powers of the State and liberty as guaranteed by the Bill
state by which the State is governed. ➢ Part of that of Rights [Cruz, Constitutional Law, 1993 ed., p. 1].
authority or the essence of that authority. ASPECTS AND Constitutional Law 2 ➢ It deals with “How to balance
MANIFESTATION OF THE EXERCISE OF SOVEREIGNTY BY with authority on one hand and rights of individuals on
THE STATE ➢ Immunity of the state from SUIT because the other hand?”. Because this pertains to government
it is SUPREME, therefore it CANNOT BE SUBJECTED to limiting the rights of individuals as recognized by bill of
ANY OTHER AUTHORITIES including the authority of the rights and at the same time these rights put a limitation
court. This is precisely the reason YOU CANNOT SUE THE on the powers of the state; then constitutional law must
STATE because it’s a joint sovereignty and it is sue be part of political law. ➢ Under Constitutional Law 2,
within. ➢ Also, you have to understand within: WHY you study about the “Art.3 Bill of Rights”.
ARE YOU ADDRESSED ESPECIALLY DURING ELECTIONS SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
AS “HARING LUNGSOD” ESPECIALLY WHEN YOU ARE A Stella Alma Singko 3 | P a g e Ngayon ka pa ba susuko,
VOTER? ➢ The candidates and the politicians always kung kailan malayo na ang narating mo? LABAN LANG.
addressed you when delivering their speeches as FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
“Haring Lungsod”. Hari means “The King” and Lungsod Singco |S.Y. 1st sem (2018) Art.3 Bill of Rights ➢
meaning “The State is The King In that community” Charges of your Liberty that defines the relationship
actually referring to the members of the community as between you, the govern, and the government. ➢ The
the “Haring Lungsod”. ➢ The Constitution says “ART.2 powers of the government are now absolute, because
sec.1 The Philippines is a Republican and a Democratic they are subject to such limitations as maybe imposed
State. Sovereignty resides in the people and all by the lines of the people that NEEDS protection. ➢ You
government authority emanates from them.” ➢ also have rights of individuals being regulated by the
Therefore, people direct today are the “sovereigns” The authority, by the state exercises its powers. 2. ELECTION
Preamble states: “We, the sovereign Filipino people, LAW ➢ How do we choose our government officials? ➢
imploring the aid of Almighty God, in order to build a pertain to the election of the representatives of the
just and humane society, and establish a Government government by the people, the limitation on the
that shall embody our ideals and aspirations, promote conduct of election. It has something to do with the
the common good, conserve and develop our government because without election, there cannot be

a government or officials in the government 3. LAW ON definition of “Citizenship” is Limited only for “Those
PUBLIC OFFICERS ➢ When they are chosen, how do People as such enumerated by that definition. “ ➢ You
they relate with the govern? ➢ What are their duties have to refer what does it means so you have to
and responsibilities? 4. ADMINISTRATIVE LAW ➢ Those understand “Why does the Supreme Court refer to that
who are in the Executive Branch, in the different manner and be fair to Grace Poe Llamanzares as a
administrative bodies: What are the powers and how do natural born Filipino Citizen?” Q: “Why was the Father
they relate with each other? ➢ deals on how (Fernando Poe Jr.) was likely declare as a ‘Filipino
government officials run the government and the extent Citizen’ when he was born illegitimate to a US Citizen
of the exercise of the powers on how one branch or one Mother?” SYSTEMReviewer by: Lorebeth L. España
department, bureau or agency or instrumentality relates Consti I |Judge Stella Alma Singko 4 | P a g e Ngayon ka
with each other. 5. LAWS ON LOCAL GOVERNMENT OR pa ba susuko, kung kailan malayo na ang narating mo?
PUBLIC CORPORATIONS ➢ Study of “How does the LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
Natural government relate with the Local Judge Estela Alma Singco |S.Y. 1st sem (2018) ➢ It’s a
Government?” (That may be changed in the future, legitimate fact that “We’re supposed to follow the
because as of now, we only have Local autonomy for REALLY KNOWN PARENTS, so to waive the Citizenship”.
Local government are subject to the authority of the ➢ The Mother knows that the child is hers, right? So, if
“National Government” meaning “they cannot pass she’s not married to the father, then the child usually
laws independent of the “National Government” accdg. follows the surname of the mother especially if there’s
To Judge) 6. PUBLIC INTERNATIONAL LAW ➢ Deals on no evidence that the child was ever acknowledge by his
the Study how these states relate with other states. father who is not married to the mother. ➢ Similarly, In
Source of Political Law What is your basis in studying Citizenship, if the Mother is Filipino, then the child is
Philippines Political law? What would be your illegitimate, and follows the Mother’s Citizenship state.
reference? ➢ 1987 Constitution. There are provisions in ➢ Take note: The Father (Fernando Poe Jr./Ronald Poe)
the Constitution recalled by your study of “Political was NOT MARRIED to the Mother (US CITIZEN). Q: So
Law”. ➢ 1987 CONSTITUTION IS NOT THE SOLE why was “Grace Poe” considered as a “Natural Born
SOURCE. IT IS NOT EXCLUSIVE. Because understanding Citizen”? ➢ Because the Constitution states that “Those
Political Phenomenon, it’s better if you have other fathers who are Filipino Citizen”? (But the Father was
sources to refer to because that may not be answered not married to the mother”?) ➢ Remember, Ronald Poe
by the 1987 Constitution. Example: ✓ POE vs. COMELEC declared himself as a “Spaniard” when he got married
(Grace Poe Case) ISSUE: Why is Grace Poe Qualified to to the first wife. ➢ Do you know that this Roland Poe,
run as “President” considering the requirements of whose father is Lorenzo Poe, was a “Full Español”
“Philippine Citizenship” (and not just any ordinary (Mother: mestiza; placed on the birth certificate of
citizenship), but one must be a “Natural bornFilipino Ronald Poe)? Q: How on Earth “Fernando Poe” became
Citizen” in running for Philippines Presidency?) ➢ a “Natural born citizen”? ➢ Case: Tecson v Comelec:
However, she lost the election because she has Supreme Court said, “Roland Poe is natural born and
conceded. (That’s unprecedented, because nobody therefore, he is qualified to run as President.” That
loses an election just because she proclaims it). ➢ She legacy was inherited by the daughters. The adoptive
was described as a “Foundling”- unknown mother and daughter was said to be a “Natural born”, only that she
father. (How can you be sure that the parents are is said to be a “Foundling” and later she was considered
Filipino? She could be a Chinese, onlytransit here in the as a “Filipino Citizen”. However, this could not take back
country and gave birth to her) ➢ There is NO down to the 1987 Constitution. 1987 Constitution: NOT
DEFINITION of “Foundling” in the Constitution, but AN EXCLUSIVE SOURCE OF POLITICAL LAW TO EXPLAIN
NOW it does it state that “A foundling is a Filipino ON CITIZENSHIP. ➢ You have to consider other sources.
Citizen”. (It’s a HOT ISSUE) ➢ In 1987 Constitution’s CITIZENSHIP ➢ You have to consider the 1987

Constitution before that. ➢ 1973 Constitution, 1935 Governmental setup, how the inhabitant should be
Constitution, TREATY OF PARIS and TREATY OF PEACE. ➢ governed and further defining who are the citizens of
Treaty of Paris & Treaty of Peace: There was a war the Philippines Islands. ➢ Philippines: term came from
between Spain and US. Spain lost that war, so it was “Filipino” was the idea of the 1st civil Governor of that
compelled to sign TREATY OF PARIS ceding the time. ➢ We are named “Filipino or Filipinese” (We are
PHILIPPINES ISLANDS, and ALL THE INHABITANTS & Filipinos, because of the word “Philippines”) Q: WHAT
PROPERTIES BOUND THEREIN to the US for the amount ARE SOME OF THESE ORGANIC LAWS THAT ARE
of $20 Million on sale. To include other territories that SIGNIFICANT TO THE ESTABLISHMENT OF THE
Spain was able to acquire, the same were ceded to GOVERNMENT AND THE DEFINITION OF “PHILIPPINE
mention a few (Eg. Palma Islands) ➢ Palma Islands: CITIZENSHIP”? ➢ First you have the Philippine Bill of
Acquired by Spain, then interceded to US by the virtue 1902 (Cooper Act) otherwise known as “The Filipino
of Treaty of Paris. ➢ For the first time, there was a Political Reach Head” ➢ Because for the first time,
concept of Citizenship. (Remember, during Spanish under that bill, WE, FILIPINOS are ALLOWED TO
Colonization, there was no concept of Citizenship for PARTICIPATE in the National and Governmental affairs.
Filipino Citizens that’s why they are described as How? ➢ You have a legislature (bilateral). The UPPER
“Indios”.) Indios - Uncivilized people of the islands, HOUSE is composed of ALL AMERICANS, but the LOWER
because there is no such concept. ➢ We are only HOUSE is composed of ALL FILIPINOS selected by the
considered as the “subjects” of the King of Spain. ➢ No provinces at that time. ➢ During the time of Spaniards,
rights or whatsoever, we were chattels or properties by the highest position that a Filipino can be elected to is
the King of Spain. Citizenship Concept: a membership of only to a “Barangay Captain (Cabeza de Barangay)” ➢
a political community was introduced to us only when This time, when we were UNDER AMERICANS, by the
the Treaty of Paris was signed. There was this “Mass virtue of Philippine Bill 1902, we have now Filipinos who
Naturalization”. Mass Naturalization: All the inhabitants, composed of the Philippine Assembly which is the
same for those who declared themselves and remained Lower House of the Legislature at that time. ➢ Under
as “Spanish Citizens”. ➢ All of them, regardless whether the Philippine Bill of 1902: it defined the “Filipino
he is a Canadian or an Indio. Whether he is a foreigner, Citizens” as those who are “Native born in general or
but found, had been residing in the island or Spaniards inhabitants of the Philippine Islands.” Q: (Take note of
even, that have decided to stay in the islands and retain the cut-off period) As of April 11,1899. Why April 11,
their being in the country and did not indicate or 1899? ➢ Remember that the signing was on April 1898.
whatsoever that they will stay as a “Spanish Subjects” of Where the exchange of the ratification of instrument
the King of Spain. (Citizens of Philippine Islands by the happened only on April 11, 1899. It says “All inhabitants
Virtue of Treaty of Paris) Under Treaty of Paris, take of the Philippine Islands”, same for those who decided
note, there was a provision here: “When the transfer of to remain as “Subjects of the Spanish ground” (They
the sovereignty from Spain to US, the Political and Civil have to sign something, a document.) ➢ All the rest
Status of all the inhabitants and the Philippine Islands who are found in the Philippine Islands are considered
shall now be determined by the US SYSTEMReviewer by: as “Citizens of the Philippines”. You have the: 1. Native
Lorebeth L. España Consti I |Judge Stella Alma Singko 5 born 2. Peninsulares 3. Foreigners who are neither
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na native or Spanish Subject (They are like the traders from
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE other neighboring countries who stayed in the
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem Philippine Islands) Likewise, they were considered as
(2018) Congress NOT by the President of the given but “Filipino Citizens” (Remember about “Mass
by the US Congress that is also stated in the Treaty of Naturalization”) Then it was reiterated, in the JONES
Paris. “ ➢ Pursuant to that provision of Treaty of Paris, LAW of 1916. It says that “The Children subsequent
US Congress HAS ORGANIC LAWS. ➢ Providing for a there to” (Meaning the children of those who have been

considered as inhabitants, therefore citizens of the “Manuel L. Quezon” was the first president of the
Philippines are likewise considered as “Filipino Citizens”) Commonwealth? How about the Second President? ➢
➢ The Jones Law of 1916 with refers to the Vice president: Osmeña. He is a Cebuano. He became
government, was likewise significant. Why significant? the President not by election, but by succession because
➢ It was otherwise known as “The Philippine Autonomy Quezon died. Q: For if were in 6 years without re-
Act”. Q: Why “The Philippine Autonomy Act”? ➢ election, how come that he lasted for about 8 years or 7
Autonomy: when there is recent realization of powers or years if Quezon died because of Tuberculosis? ➢ It was
transfer of powers. Q: Now, was then the transfer of during the World War II, when the Japanese invaded
powers under the Jones Law of 1916 and from whom Manila and some of the nature places in the islands.
and to whom? ➢ There was a transfer of legislative They cannot go for election when the government was
powers from the Americans passed to the Filipinos. ➢ exiled in Washington DC. They have to amend the 1935
For the first time, you have a legislature composed of Constitution to extend the term office of the President
ALL FILIPINOS. ➢ Executive Branch: All Americans; for 2 more years (A total of 8 years) because his term
Legislative Branch: All Filipinos and the Judiciary has already expired. However, he died because of
somehow, they were trying to establish at least a justice tuberculosis, and the vice -president RO Osmeña
of the case. SYSTEMReviewer by: Lorebeth L. España succeeded him not by election but by succession of the
Consti I |Judge Stella Alma Singko 6 | P a g e Ngayon ka Republic. ➢ When we were granted with our
pa ba susuko, kung kailan malayo na ang narating mo? independence, however, Osmeña lost in the election
LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I | with Roxas. ➢ Manuel A. Roxas: First president of the
Judge Estela Alma Singco |S.Y. 1st sem (2018) ➢ The 3rd Republic of the Philippines. Q: For example, in the
Americans were not afraid at all of Filipinos being in the case of Fernando Poe Jr., can you base it on the 1987
legislature. They are not insecure. After all, even if they Constitution? ➢ No, you can’t. Why? Because he was
passed the laws, they can still be vetoed by the not born under 1987. He was born sometime around
Governor general (Who is an American). That’s the 1930s. Therefore, what should govern is the 1935
under control. Anyhow, there is nothing to worry about, Constitution. ➢ If there was any reference to the 1987
at least they have the practice and the experience on constitution, it was the first paragraph that says “Those
how to pass laws. Now then, corrupted, Aside from The who are residents of the Citizens of the Philippines from
Jones Law of 1916, there was now the passage of “The the time of the adoption of the 1987 Constitution” ➢
Tydings- Mcduffie Law of 1934” Q: What is Tydings- Meaning, if Fernando Poe Jr. remained a Filipino Citizen
Mcduffie Law? ➢ It is otherwise known as “The during the 1987 Constitution, because of that first
Philippine Independence Act”. Why? ➢ Because we paragraph “He is a Filipino Citizen” or Under 1973
were now promised with the GRANT OF Constitution that says “Those who are residents of the
INDEPENDENCE. Preparing for that independence from Philippines at the time of the adoption of the 1987
the US, it was a condition to DRAFT CONSTITUTION Constitution” (Meaning even before Fernando Poe Jr.
which will be the basis of a government that will be was born before the Adoption, but he remained a
establish and that was the COMMONWEALTH (1935 Filipino citizen under the time where 1987 Constitution
CONSTITUTION). COMMONWEALTH (1935 was adopted, he is a Filipino Citizen.) ➢ If he was born
CONSTITUTION) - drafted to establish the then under 1935 Constitution, what should govern then
COMMONWEALTH GOVERNMENT. ➢ For the first time, would be the 1935 Constitution of Citizenship under
you have a Filipino President elected by the Filipino Art.4 thereof. Q: What does the 1935 Constitution says?
People. Q: Do you know what is the term of office under ➢ Those whose fathers are citizens of the Philippines.
the 1935 constitution? ➢ The origin provided for 6 (The Child is Filipino Citizen) Going back to the situation
years without reelection. (Just the same with the 1897 of his birth, remember the “Father was a Filipino” and
Constitution) Q: Then what happened, how come he was not married to the mother, who was a US

Citizen. SYSTEMReviewer by: Lorebeth L. España Consti I and had the duty to support her illegitimate child. It was
|Judge Stella Alma Singko 7 | P a g e Ngayon ka pa ba to help the child, not to prejudice or discriminate
susuko, kung kailan malayo na ang narating mo? LABAN against him. (Questions by Judge) ISSUE: If born
LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge illegitimate, and may have been acknowledge by his
Estela Alma Singco |S.Y. 1st sem (2018) ➢ Ordinarily, father, should she therefor follow the citizenship of his
she should have followed the citizenship of the mother. father? ➢ Given that he was acknowledge by his father,
But, remember, the mother is US Citizen and that is the the fact remains that he is illegitimate. ➢ Father
requirement of “Acknowledgement of the Child”. ➢ He Bernas: “He should have not be faulted for being born
has to be acknowledged, recognized in a public out of wedlock. It is not the fault of the child to be born
document to be a private document, or to be declared under that situation. You blame it to the parents “ Q:
by the court that “he is the son of his father” if he is Should there be a legitimacy to a child that is born as
born illegitimate. ➢ Case: TECSON VS COMELEC FACTS: illegitimate? ➢ It was not the child who is illegitimate, it
(Source: Internet) Victorino X. Fornier, petitioner is the mother who is illegitimate. ➢ According to Father
initiated a petition before the COMELEC to disqualify FPJ Bernas, “1935 Constitution does not make any
and to deny due course or to cancel his certificate of distinction whether the father is illegitimate or
candidacy upon the thesis that FPJ made a material legitimate. ➢ It merely says “Father is Filipino, Child is
misrepresentation in his certificate of candidacy by Filipino”. Going back to the Father being Filipino now,
claiming to be a natural-born Filipino citizen when in assuming that he is being acknowledge because he was
truth, according to Fornier, his parents were foreigners; illegitimate, do you consider Ronald Poe as the Father,
his mother, Bessie Kelley Poe, was an American, and his who has to be a Filipino Citizen? ➢ He has to be a
father, Allan Poe, was a Spanish national, being the son Filipino citizen in order for Fernando Poe to be
of Lorenzo Poe, a Spanish subject. Granting, petitioner acknowledge as a Filipino citizen. ➢ There was no
asseverated, that Allan F. Poe was a Filipino citizen, he formal constitution before that, you can only refer to
could not have transmitted his Filipino citizenship to FPJ, the Organic laws. Organic Laws - Jones Law, Philippine
the latter being an illegitimate child of an alien mother. Bill (1902), and Treaty of Paris How was it explained
Petitioner based the allegation of the illegitimate birth under these documents? ➢ Ronald Poe is the son of
of respondent on two assertions - first, Allan F. Poe Lorenzo Poe (We don’t know when he was born, but he
contracted a prior marriage to a certain Paulita Gomez died in Pangasinan at the age of 89, sometime in 1954?
before his marriage to Bessie Kelley and, second, even if Note: If you died in the Philippines, you must have been
no such prior marriage had existed, Allan F. Poe, married born in the Philippines. (Logic presented) ➢ Since he
Bessie Kelly only a year after the birth of respondent. died at the age of 89, he must have been born
Petitioners also questioned the jurisdiction of the sometime in April 1899. SYSTEMReviewer by: Lorebeth
COMELEC in taking cognizance of and deciding the L. España Consti I |Judge Stella Alma Singko 8 | P a g e
citizenship issue affecting Fernando Poe Jr. They Ngayon ka pa ba susuko, kung kailan malayo na ang
asserted that under Section 4(7), Article VII of the 1987 narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
Constitution, only the Supreme Court had original and Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
exclusive jurisdiction to resolve the basic issue of the ➢ He was presumed to be a resident of the Philippines
case. ISSUE: 1. Whether or not FPJ is a natural born as of April 11, 1899 in which “Absence of any group and
Filipino citizen? HELD: 1. Where jurisprudence regarded he has retained his Spanish credentials or citizenship,
an illegitimate child as taking after the citizenship of its then he is considered as a Filipino Citizen”. The law says
mother, it did so for the benefit the child. It was to “Should the subsequent there to are likewise considered
ensure a Filipino nationality for the illegitimate child of to be a Filipino.” ➢ His Son, Roland Poe, regardless
an alien father in line with the assumption that the whether he declared himself as “Spaniard”, the fact
mother had custody, would exercise parental authority remains that he was born as a Filipino Citizen. ➢ If the

grandfather is a Filipino, the father must be Filipino. If among others, that she cannot be considered a natural
the Father is a Filipino, then the Son Fernando Poe must born Filipino citizen since she was a FOUNDLING and
be a Filipino. Why natural born Citizen? ➢ Under 1935 that her biological parents cannot be proved as
Constitution, there is NO DEFINITION OF A NATURAL Filipinos. The Comelec en banc cancelled her candidacy
BORN CITIZEN.ALL ARE PRESUMED TO BE NATURAL on the ground that she is in want of citizenship and
BORN. ➢ Only under 1973 Constitution, that there was residence requirements and that she committed
a definition of a “Natural-born Citizen”. ➢ There is no misrepresentation in her COC. On CERTIORARI, the
question of doubt that Fernando Poe Jr. is a Spaniard or SUPREME COURT, reversed the ruling and held a vote of
American citizen. He is considered as a “Natural Born 9-6 that POE is qualified as candidate for Presidency.
Citizen” 100%. ✓ Case: POE vs. COMELEC (Grace Poe ISSUE: (1) Whether or not Grace Poe- Llamanzares is a
Case) ➢ The controversy of Citizenship was even natural- born Filipino citizen HELD: YES. GRACE POE is
adapted by the adopted daughter. ➢ They were considerably a natural-born Filipino Citizen. For that, she
suspecting whether she is a natural daughter of satisfied the constitutional requirement that only
Fernando Poe, that’s why her parents had become natural-born Filipinos may run for Presidency. (1) there
unknown. As far as I knew, Fernando Poe was married to is high probability that Poe’s parents are Filipinos, as
Susan Roces who was never seen as a pregnant woman. being shown in her physical features which are typical of
➢ There were too many speculations of her birth. Filipinos, aside from the fact that she was found as an
FACTS: (Source: Internet) In her COC for Presidency on infant in Jaro, Iloilo, a municipality wherein there is 99%
the May 2016 elections, Grace Poe declared that she is a probability that residents there are Filipinos,
natural-born citizen of the Philippines and that her consequently providing 99% chance that Poe’s biological
residence up to day before May 9, 2016 would be 10 parents are Filipinos. Said probability and
years and 11 months counted from May 24, 2005. Grace SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Poe was born in 1968., found as newborn infant in Stella Alma Singko 9 | P a g e Ngayon ka pa ba susuko,
Jaro,Iloilo and was legally adopted by RONALD ALLAN kung kailan malayo na ang narating mo? LABAN LANG.
KELLY POE (FPJ) and JESUS SONORA POE (SUSAN ROCES) FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
in 1974. She immigrated to the US in 1991 after her Singco |S.Y. 1st sem (2018) circumstantial evidence are
marriage to Theodore Llamanzares who was then based admissible under Rule 128, Sec 4 of the Rules on
at the US. Grace Poe then became a naturalized Evidence. (2) The SC pronounced that FOUNDLINGS are
American citizen in 2001. On December 2004, he as a class, natural born- citizens as based on the
returned to the Philippines due to his father’s deliberations of the 1935 Constitutional Convention,
deteriorating medical condition, who then eventually wherein though its enumeration is silent as to
demise on February 3,2005. She then quitted her job in foundlings, there is no restrictive language either to
the US to be with her grieving mother and finally went definitely exclude the foundlings to be natural born
home for good to the Philippines on MAY 24, 2005. On citizens. (3) That Foundlings are automatically conferred
JULY 18, 2006, the BI granted her petition declaring that with the natural-born citizenship as to the country
she had reacquired her Filipino citizenship under RA where they are being found, as covered and supported
9225. She registered as a voter and obtained a new by the UN Convention Law. (Questions by Judge) Q: If
Philippine Passport. In 2010, before assuming her post the parents has never been known, what is then her
as appointes Chairperson of the MTRCB , she renounced citizenship? ➢ Try to find a provision in the constitution
her American citizenship to satisfy the RA 9225 and there is none. Q: Do we recognize Jus Soli in The
requirements as to Reacquistion of Filipino Citizenship. Philippines? ➢ No, we don’t. It should not be the place
From then on, she stopped using her American of birth to determine her citizenship by land
passport. Petitions were filed before the COMELEC to relationship. You have to establish that the mother was
deny or cancel her candidacy on the ground particularly Filipino in order to consider her as the daughter of that

Filipino. Q: Since there were no applicable domestic whose mothers are Filipino Citizens”. SYSTEMReviewer
laws, what did she adopt? ➢ She generally accepted the by: Lorebeth L. España Consti I |Judge Stella Alma
principle of International Law. Q: What is that Principle? Singko 10 | P a g e Ngayon ka pa ba susuko, kung kailan
➢ That International convention on “Reduction of malayo na ang narating mo? LABAN LANG. FOR EH 308
Statelessness”. The purpose of that Convention was to (LLB) USE ONLY Consti I | Judge Estela Alma Singco |S.Y.
reduce people who are considered as “Stateless” 1st sem (2018) - 1973 Constitution “Those whose
because they can’t adopt for any citizenship. Q: How is Fathers or Mothers are Filipino Citizen”. (Grace Poe was
this done Under this principle of International law? ➢ born under 1973 Constitution) - Her mother is a Filipino,
There is this presumption that if a child is born to therefor, she is a Filipino too by blood relationship (Jus
unknown parent, then the child is considered as citizen Sanguinis) (Emphasis by Judge) Remember, Grace Poe
of the country where he/she is found. ➢ The grew up and she applied for a Philippines passport
presumption would be “That mother maybe a citizen of (which can only be issued if you are a Filipino Citizen).
that country otherwise she could not have given birth to She did not have to do anything because she is a Filipino
that Child in that country”. ➢ They presumed that “The Citizen already and was recognized by the State. Answer
Child is Filipino because the Mother was born in the (Source: BATASNatin.com) ➢ Under the 1987
Philippines, therefore, the Mother being Filipino, the Constitution, international law can become part of the
child is Filipino too.” Q: Why do we apply that law here sphere of domestic law either by transformation or
in the Philippines even though we’re not even signatory incorporation. ➢ The transformation method requires
to comply with it? ➢ Under the 1987 constitution, it that an international law be transformed into a
says that “We adopt the Generally accepted principles domestic law through a constitutional mechanism such
of International law as part of the Law of the Land. as local legislation. ➢ The incorporation method applies
Automatically, under the Incorporation Clause? (I cannot when, by mere constitutional declaration, international
hear her properly) ➢ In the absence of domestic law, law is deemed to have the force of domestic law. ➢
you apply that generally accepted International law as if Treaties become part of the law of the land through
it is a domestic law. ➢ Hence, Grace Poe was transformation pursuant to Article VII, Section 21 of the
considered as a “Filipino Citizen.” ➢ This was supported Constitution which provides that “no treaty or
by the fact that Grace Poe has chinita eyes, pug-nose, international agreement shall be valid and effective
and short stature. (Typical features of a Filipino based unless concurred in by at least two-thirds of all the
on decision by the SC) Take note that this recognition of members of the Senate.” ➢ Thus, treaties or
“Grace Poe” as Filipino Citizen from birth, was conventional international law must go through a
confirmed by the fact that she was adopted. Why? How process prescribed by the Constitution for it to be
that confirmed? ➢ Only Filipino children can be the transformed into municipal law that can be applied to
subject for adoption. If you are not a Filipino, then you domestic conflicts. (Pharmaceutical & Health Care Assn.
cannot be adopted. Is it because of the adopting of the Phil. v. Health Secretary Duque, et al., G.R. No.
parents that are Filipino, that makes her a Filipino? ➢ 173034, October 19, 2007) CONSTITUTION ➢ Highest
NO. From the very start, she is a Filipino. Otherwise, she fundamental law upon which all the activities of the
could not have been adopted by Fernando Poe Jr. and government are based. ➢ Therefore, laws find their
Susan Roces. ➢ She did adopt the citizenship of her justification if there is a conformity with the
parents but she is already a Filipino citizen by the time constitution. ➢ Decisions and acts of the President are
she was adopted (Recognition by the state – Citizen only be considered as “valid” if they are in consonant
from birth) ➢ She does not have to be at war to perfect with the constitution. Supreme Court ➢ To make sure
her citizenship because from birth, she was considered a that the constitution is followed by everybody, they
Filipino citizen. ➢ Therefore, she is a “Natural-born review those indiscretionary acts by the President and
citizen”. Q: What provision? - 1987 Constitution “Those that of Congress to be sure that they conform with the

Constitution. Function of Court (1973 Constitution) ➢ -made by one sovereign for another II.As to form: 1.
To act as a “referee” in case of conflicting rights, to WRITTEN CONSTITUTION -not because it is in writing;
settle disputes, applying the law as a basis of that right. codified -all other sources are found in one single
➢ Judge: No longer review the acts of the President or instrument - Ex. Republic of the Philippines
Congress or any legislature of that matter. Function of CHARACTERISTICS: (Bar Question) a. broad -Has to cover
Court (1987 Constitution) ➢ The Courts, especially the the entire government, structure, and organization. b.
Supreme Court can determine whether there has to be brief - Not a place for details, you can only have general
a grave abuse of discretion on the part of the President principles and the rest will be supplemented by the
or that of the Congress that would amount to statutes passed by Congress. - Ex. Congress has the
lack/excess of jurisdiction (Expanded Jurisdiction on power to appropriate Public funds for Public purpose
Judicial Review) Supremacy of the Constitution ➢ The (Does it state specifically for what purpose is the
basic and paramount law of the land, which all other project? – It does not specifically state, because you’re
laws must conform, which all people including highest limiting your constitution) c. definite - To avoid
officials of the land must defer. ➢ Even for grave abuse ambiguity and conflicting interpretations of provisions
of discretion and improvised by a Co-equal branch of of the constitution. 2. UNWRITTEN CONSTITUTION
government like of the President or of Congress, it can -Sources are several written but are scattered
still be reviewed by the SC in order to assert not the -Necessarily, not all parts are written, some parts are
superiority of the Supreme Court, but the Supremacy of not written - Ex. customs and traditions, Constitution of
the Constitution. Justiciable questions: Questions Britain & UK III.As to the manner of changing the
involving “Controversies” on contrariety of assertion of constitution: 1. RIGID CONSTITUTION -difficult to
rights. Based on existing laws or applicable rights of the change. Not flexible -must follow a certain procedure
constitution. PARLIAMENTARY SYSTEM OF THE (STAGES): a. proposal b. submission c. ratification
GOVERNMENT ➢ There is supremacy of the Parliament Transcribed by: Rodelas, Legaspi, Samporna, Samaco
and NOT of the constitution. Q: When there is a conflict August 28, 2018 (RECITS) Q: What is a constitution? It is
or question on Constitutionality of a Parliament act (low the highest fundamental law of the land. Q: If a law
cast of the parliament), it is brought to the court. Can passed by Congress will be in conflict with the
the court declare it as “unconstitutional” and remove it Constitution, which of the two will prevail, the
from the books of the statutes? ➢ Not in the Constitution or the law that had been passed by
Parliamentary system, because the Supremacy is in the Congress? ➢ The Constitution. Q: Now would your
Parliament. It is simply SYSTEMReviewer by: Lorebeth L. answer be the same if the system is parliamentary and
España Consti I |Judge Stella Alma Singko 11 | P a g e there is the dominance of the parliament? Would it still
Ngayon ka pa ba susuko, kung kailan malayo na ang be the Constitution to prevail over a statute or an act
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY that has been passed by the Congress? ➢ The
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018) constitution, because basically it’s the source or the
considered as “Contrary to the Constitution” however, it reason why that statute is being passed. Q: Basically,
remains in the book of Statutes. ➢ It is not being what would then be the purpose of a statute that is
applied but it is still there in the book of Statutes. ➢ It is passed by a legislature? S: It would be.. it would serve
not being applied, but it still exists because it is not like, statute would serve as a.. like a definite or a specific
being modified. ➢ Indifference to the supremacy of the law because basically the constitution is like the general
parliament. KINDS OF CONSTITUTION I.As to origin: 1. principles so when the Congress or parliament passed
ENACTED/CONVENTIONAL CONSTITUTION -enacted by statute or the law, it serves to be like the specific law or
a Constitutional Convention. 2. statute. Q: Can you give me an example of a general
EVOLUTIONARY/CUMULATIVE CONSTITUTION -a principle that is provided by the Constitution where as
product of history 3. FIAT/GRANTED CONSTITUTION you have a statute that provides for the specific? S:

Uhm. Constitution. Right of Suffrage. Q: Okay. That is that’s why I made up a follow-up question whether
provided by the Constitution. And what would then be Congress can pass a law that would add to qualification
the statute in relation to that? SYSTEMReviewer by: that had already been enumerated by the Constitution.
Lorebeth L. España Consti I |Judge Stella Alma Singko 12 S: Yes, they can. J: You may sit down, Ms. (called
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na another student) Q: There are different forms of
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE Constitution, and how do you classify the 1987
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem Constitution according to its form? S: Uhm. It’s a written
(2018) S: They have specified the.. who will be their constitution, rigid and conventional. J: You said what?
qualified voters, the age, how the voting will be and the Written? S: It is rigid, conventional and written. J: No I’m
process of voting, judge. Q: The process of voting and talking about form. I’m not asking you the other forms
how they will vote. Now, we just limit ourselves on or kinds of constitution according to how is it, the
qualifications of a voter. To be considered as such, the sources of the provisions of the constitution. S: It is
constitution has enumerated what are the qualifications written judge. Q: It is written. When you say it is written,
right? Now, can Congress pass a law that would require then the other kind must be unwritten. So when a
other qualifications other than those enumerated by Constitution is unwritten, does it mean that it is not
the Constitution? S: Yes judge. J: They can? S: Yes judge. reduced in writing? S: No judge. It only means that the
Q: So, even if let us say for example the Constitution sources are scattered or there is no single document, if
does not require educational, what do you call this, a it’s a written constitution. J: Okay. So you were saying
literacy requirement, if Congress will pass a law that earlier that the 1987 Constitution is written. S: Yes
would require that should be able to read and write, judge. Q: In relation to non-written constitution, why do
would that be in consonance with the constitution? S: you say that 1987 is written? S: Uhm. There is a single
Yes, judge, because it would be unfair to those.. Q: document. J: There’s a single document? While an
Without considering the unfairness of it, okay? Just unwritten constitution does not have? S: Uhm. It does
based on the constitution that does not require literacy not come from a single document. It comes from
as a qualification, and here is a law providing for basic different sources for example judicial decisions, statutes,
qualification as such that they’d be able to read and not on a single SYSTEMReviewer by: Lorebeth L. España
write. S: No judge, because it is inherent to every Consti I |Judge Stella Alma Singko 13 | P a g e Ngayon ka
Filipino for the right to suffrage. So even though there pa ba susuko, kung kailan malayo na ang narating mo?
are those who cannot read or write, they still have the LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
right to vote. J: Now, without considering the rationale Judge Estela Alma Singco |S.Y. 1st sem (2018) Q: Now
behind the requirement of or non-requirement of then, if your constitution in form is written, how do you
literacy by the Constitution, merely on the basis of what classify according to its origin? How was it made?
the Constitution provides, can Congress pass a law then Where did it come from? S: Uhm. It was, it was
that would provide for other qualifications other than somehow came from the.. it followed the US
those that are enumerated in the Constitution? S: I think Constitution. J: It followed the US Consti—in following
it’s, if they can change or amend. J: They can amend the the US Constitution, how was the 1987 Constitution
Constitution by ordinary legislation, is that what you’re drafted? S: It was enacted by the Congress. J: It was
saying? S: No. J: So how is it then? What would happen Congress who made 1987 Constitution? Are you sure it
to that law? Would that be a valid law? S: I think as long was Congress? Because there was no legislative body at
as there are.. they still consider the opinion of the that time. Precisely they have to create a Constitution
people judge. J: That is of the moment, you were like because there was no legislative body under Freedom
discussing that the law has to conform with the Constitution. So how can Congress then make the 1987
constitution. Like you gave me an example of Constitution? S: The 1987 Constitution arose from the
qualifications of a voter as provided by the constitution, revolution that happened. J: So it’s a revolutionary

constitution then? S: It arose after a revolution. J: So kung kailan malayo na ang narating mo? LABAN LANG.
after a revolution then so how do you classify it FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
according to origin? How was it made? Where did it Singco |S.Y. 1st sem (2018) S: No judge. The congress..
come from? You’re not sure how it was made? To make a constitutional convention, the congress.. J:
Following the revolution? S: Uhm it was made to.. The I’m talking about congress because you said congress
1987 Constitution was drafted in order to be the basis can directly propose or it can be through a
for the.. Q: Yes, they are already but my question is how constitutional convention because _ to this congress
it came, how did this constitution come about? You may that is proposing. Is that proposal for amendment or
sit down Ms. (Called another student) According to how revision subject to the reviewer approval of the
difficult to change the constitution, how do you classify president? S: Yes judge. J: It does? So it’s just like when
1987 Constitution? S: Ah the 1987 Constitution judge is they pass a bill for legislative enactment before it
rigid. It means that it is difficult to change. J: Why is it becomes a law, it has to be approved by the president is
difficult to change? S: Because it has a, it has to undergo what you’re saying? S: Uhm. I think no. I think it’s
a formal process. Q: A formal process. What is this different. J: Why is that? S: Because uhm making a
formal process that the 1987 constitution has to revision or an amendment to the constitution you need
undergo before you can effect an amendment or to have a proposal to ratify it, ay to submit it to the
revision? S: First, uh, there has to be a proposal then people.. J: So you’re saying that it’s the people that
submission then ratification of the revision or the approves it and not the president? Is that what you’re
amendment of the constitution. Q: In the proposal for saying? S: It has to.. I think it’s the people. J: You may sit
amendment or revision, who can do that? S: The down MS. Alright. We’ll continue this one guys. -After
Congress or a constitutional convention or people’s recits – All the sources of political law that we used as
initiative. J: People’s initiative. Q: If Congress is going to basis or references in our understanding of the
propose, how is this done? S: There has to be.. if the constitution are: • The 1987 Constitution • The previous
Congress is to propose a revision, there has to be ¾ of constitution such as: o The 1973 Constitution o The
the votes of the Congress for a revision of or an 1935 Constitution o The Treaty of Paris – that effectively
amendment to the constitution. J: How is this then transferred sovereignty from Spain to the US and which
different from the basic law making power of congress? justified the passage of organic laws by US Congress that
This power to propose changes to the Constitution. S: are important for the establishment of our government
Come again judge. Q: How is this different? This power starting with: ▪ The Philippine Bill of 1902 ▪ Jones of
of Congress to propose changes to the Constitution as 1916 and ▪ The Tydings Mcduffie Law of 1934 You might
you said by ¾ votes from the ordinary legislative power wonder then why the constitution is the highest
of congress? S: Uhm. It’s different because it.. ah usually fundamental law of the land which all activities of the
the ordinary, I think the ordinary uhm to have a institute government are based. In other words, therefore, the
ordinary legislature would be 2/4 of the congress. J: You action of the government and its activities like making
said what? S: 2/4 J: 2 what? S: 2/4 of the votes J: ¾ laws, implementation of laws, interpreting the laws will
votes S: Majority of the.. J: So are you saying that the find their justification in there being consistent, being in
difference lies in the votes required in making the conformity with the constitution. First and foremost,
proposal for amendment and in making proposal for you should know the difference also between an organic
legislative enactment? Hence the vote? Now then, if law and a constitution. The organic laws then of the US
Congress is to act as a constituent assembly to propose Congress that provided for the system of government,
changes to the constitution, would that require approval the structure and the operation then of the government
of the president? S: Yes J: It would require? such as those three laws that we were mentioning. How
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge are they different from an ordinary constitution? First
Stella Alma Singko 14 | P a g e Ngayon ka pa ba susuko, and foremost, they are similar in the sense that they

provided for a structure, an organization of government. insane, he must not have been declared to have violated
The difference is that the organic laws were passed by a his loyalty to the Republic of the Philippines and so on
legislative body such as the US Congress. And they are and so forth. And that I ask what if for example
therefore approved by the US Congress. Whereas the Congress would pass a law this time requiring literacy as
Constitution is drafted particular individuals or group of a qualification? Or perhaps qualification like owning a
individuals subject to the ratification by the electorate. property. Do you know that 1935 Constitution requires
The organic laws provided for in details of the system of that you should have at least a property not less than
government whereas the constitution provide for the 5,000 pesos? ➢ It’s your bond to make sure that you
principles underlying the operation of government. ➢ It don’t have flying voters. That’s good because if there is
is not a place for details. When you change an organic a law that will support that then there is no violation of
law, you simply pass another law that would repeal or the constitution. Like for example the amount can be
amend it without need of the approval of the increased, if it does not state any amount then the
electorate. ➢ Whereas, if you change a Constitution supplement would be by way of legislation to
that still has to follow certain procedure like __ subject implement that required provided by the constitution.
to the approval of the electorate. How about a statute ➢ But if it says 5,000 and Congress now will increase it
and a Constitution? ➢ You were saying earlier that even to 10,000 then definitely that would be contrary to the
statutes must conform to the constitution being the constitution. And that cannot be allowed. When the
highest fundamental law, basic law. ➢ So all laws constitution says there is no requirement of literacy, in
passed by Congress should be based upon the fact the constitution is silent with regarding on the
constitution because if they’re contrary to the matter, on being able to read and write, that is not so
constitution, that can easily be remedied. Either that provided in the constitution. So when the constitution is
the president will veto the bill and SYSTEMReviewer by: silent that means it is not prohibited or that is not
Lorebeth L. España Consti I |Judge Stella Alma Singko 15 required. In other words, only those that are specifically
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na so stated in the constitution. This time Congress pass a
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE law making it as a qualification. If there is no prohibition
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem against it then congress can pass a law. But if there is
(2018) therefore cannot become a law or it can be the such a qualification that what need not be literate in
subject of a judicial review by the courts and declare it order to vote then the constitution requiring literacy
as contrary to the constitution and therefore void. So, would not be a violation of the constitution and that
therefore the general rule is all laws must or acts of the cannot be allowed. Then you ask the question, what is
president, and even the interpretations of the supreme the difference between the constitution and a statute?
court must be in consonance with the provisions of the ➢ The constitution is practically made by the people
Constitution. If for example, the SC would declare a law because without people’s ratification to that
unconstitutional or it’s contrary to the constitution, that constitution there can’t be a constitution. ➢ Whereas,
is not an assertion of the superiority of the courts over statutes are made directly by the legislators while the
the other branches in the government. But rather, it’s an representatives of the people. So therefore, that would
assertion of the supremacy of the Constitution. Earlier I not require any ratification or approval from the people
asked an example of a provision of the constitution that because it’s understood that since they are
is provided in the constitution and you passed laws on representatives of the people, then it’s tantamount to
the basis of what the constitution says. For example the having them been approved by the people themselves.
qualifications of a voter, so there’s an enumeration, you You will know also that the constitution provides only
should be at least 18 years old, registered voter, resident for guidance, principles. There’s no room for details in
in the Philippines for one year and six months in the the constitution. Otherwise, you won’t have a
place where he proposes to vote, he must not be constitution as thin as you have. Because the thing is, if

you are to put all the details supposedly to You cannot go beyond what is not so stated in the
accommodate the entire structure and system of budget for this year and apply it for next year. Q:
government, you’ll be limiting the government. Like for Another example, in the budget this year, it says that
example, when the constitution says that congress has DPWH can construct a bridge for 1 billion to be
the power to approve the public funds or to authorize completed within the year. They did not spend the
the disbursement of public funds, you would note that if money. What will happen? Can they still use the money
you read the constitution, it does not state the date, for next year? ➢ Answer is no. That money will be
specific date and the specific amount, or what particular returned to the national treasury because the statute is
public purpose is the money going to be spent. There’s so limited, it is all supposedly to provide for the details
nothing in the provision of the constitution. and it’s only applicable within existing conditions,
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge cannot be applied to future conditions. Q: Judge how
Stella Alma Singko 16 | P a g e Ngayon ka pa ba susuko, about if unfinished lang ang project? J: Oh well, that’s
kung kailan malayo na ang narating mo? LABAN LANG. different. When you start it already then you have to
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma complete it to finish then the money need not be
Singco |S.Y. 1st sem (2018) So if you follow the principle returned. But still you are going to be spending within
that is applicable and honoring in the present existing the budget. But if you’re not going to spend it at all, the
conditions and as well as to future conditions for as long money has to be returned. Supposedly like there is a
as you apply the constitution. Q: So then, how would budget for filling out of vacancies in government offices
you implement a particular project when the and they did not make any appointment to those offices
constitution does not state the specific? ➢ Now you or positions. What would happen to the money that had
have the statute. So now, particularly, example the job already been appropriated for that purpose? ➢ What
appropriation act is a law that authorize disbursement they do usually in government offices, they will consider
of public funds for the operation of the whole that as savings and then they are to transfer the budget
government. We call it as the GAA, General to augment the items in the budget. That is allowed if it
Appropriation Act. Now it is still pending with the is approved by certain individuals. Otherwise, what
Senate, they cannot agree among themselves, what will would happen? The money allocated for that purpose is
happen if it will not be passed for next year’s fiscal year? to be returned to the national treasury because the law
That means the budget for this year will be is very specific on how the money should be spent. So
automatically be enacted the following year. What you will note also that in terms of changing the
would happen? ➢ The expenditures of next year will constitution, it’s quite difficult in some instances
just be denoted by the budget that has been approved because you need ratification from the people. ➢ But
which is going to be automatically enacted should there statutes, if you’re going to change it either by repeal or
be no new budget in the appropriation acts that will be amendment, Congress can easily do that by passing a
approved. To give you a concrete example, it would be subsequent law or another law that will amend or either
not good for the government employees. Why? In the or revise or rather abolish that law. So let’s continue
next fiscal year, budget supposedly we are expecting then according to the forms of Constitution. The
that we will enjoy the full increase of our salary. Full different kinds of constitution will depend on the form.
tranche of our salary. If that budget is not going to be The origin and the manner of changing it or even
passed, what will happen? There’ll be no increase in our depending on the system of government adapted.
salary because we will be operating on the basis of the SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
old budget. And the old budget is just the third tranche Stella Alma Singko 17 | P a g e Ngayon ka pa ba susuko,
of our increase in our salary. So, it’s all limited. And it is kung kailan malayo na ang narating mo? LABAN LANG.
very specific. It is only applicable to particular existing FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
conditions. You cannot apply that to future conditions. Singco |S.Y. 1st sem (2018) So when the sources are

found in one single instrument, the form is written. But Constitution which is unwritten, conventions and
if the sources are scattered, then the Constitution is protocols – these are all unwritten but they follow it as
unwritten. We said that the Constitution of 1987 is if it is the governing law. Do you understand? ‘Example,
definitely written because all the provisions are found in they were saying that it’s not…nothing really in their law
one single instrument that is codified. So it’s found in (32:00) that says if there is going to be a tie in the
one book. (28:57) Forms of Constitution The forms of election of the Prime Minister, it will be…who’s going to
Constitution, guys, can…or different kinds of break the tie? Out of respect to the monarch, it’s the
constitution…the form or the origin and the manner of Queen of Great Britain that breaks the tie. There’s no
changing it or even depending on the system of written rule regarding on that, but that has been the
government adapted. So when the sources are found in practice. Do you understand? In our case, it has to be all
one single instrument… that is… the form is written. But in writing. Otherwise, that would be too dangerous. Any
if the sources are scattered then the constitution is an problems, any questions, clarifications relating to that?
unwritten. The Constitution of 1987 is definitely written Do we understand each other on this matter? Okay, so
because all the provisions are found in one single now…another form and kind of Constitution is according
instrument that is codified, so it is found in one book… to the Origin. How did our 1987 Constitution come
do you understand? If you want to know what are your about? You may even consider other constitutions in the
rights, all you have to do is just open Article III. Then all past, how they are made, were they enacted, made by
your rights are enumerated there. You know what ___ Congress? Were they made by a big individual or a
to like them for you to know laws passed by Congress group of individuals? (33:00) Okay? ➢ From the First
where your rights are granted. (30:00) Or the Supreme Philippine Republic. Who was then the President? ➢
Court decisions that provide all your rights because all Emilio Aguinaldo. ➢ You recall that he declared
these laws and decisions from the Supreme Court independence from Spain on June 12, 1898. So our
actually are based on the Constitution. So laws maybe celebration of independence day is not that of our
passed, like protecting your freedom of speech, like the independence from the US. ➢ It was the independence
Anti-Cyber Crime Law, do you understand here? Your that declared by Aguinaldo from the mother country,
libel laws, these are statutes that ___ protection of your Spain. Do you understand? And we celebrate that every
rights… do you understand here? Or the decisions of the year and you didn’t even know why are we celebrating
Supreme Court expounding the extent of your exercise the independence day. You thought all the while that
of rights that are guaranteed of the Bill of Rights – they because we were independent when the…the
form part of the provision of the Constitution by way of Americans granted us such. Okay? SYSTEMReviewer by:
judicial decision. But definitely, the basic provisions are Lorebeth L. España Consti I |Judge Stella Alma Singko 18
found in one single source. Do you understand? On the | P a g e Ngayon ka pa ba susuko, kung kailan malayo na
other hand, an unwritten constitution is not necessarily ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
unwritten or not in writing. (31:00) Because in fact, ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
some sources are written. Right? The Constitution of (2018) Now, was there a Constitution under the first
Great Britain…England. The Constitution is unwritten, Philippine Republic? ➢ There was. (34:00) There was a
the sources are scattered. That if you want to know constitution. How was the Constitution made? ➢ It was
what are the powers of the government, you refer to made by Felipe Calderon – an individual. ➢ And it was
the Parliament Acts – laws passed by the Parliament, ratified by…not by the people, because there were just a
granting powers to the government. You have to few of them who recognize the first Philippine republic.
consider the decisions of the Supreme Court vesting It lasted only for a month. Do you understand? It was
powers to the government. And also then, you may kuno ratified by the Malolos Congress - the legislative
source it from unwritten sources like customs and body at the time. Do you understand? Now then, so
traditions of the British people, form part of their never mind the first republic. It didn’t register that law.

We had the second Philippine Republic. Do you know Well, you were granted independence in 1946. You have
who the president was in the second Philippine a 1973 Constitution? And then you tell me, ah, 1946
Republic? ➢ Jose P. Laurel. ➢ And that particular Constitution. Hardly, you may be correct. But the thing
government, if you can recall, was established against is…these were the amendments made to the 1935
Commonwealth government. The Commonwealth Constitution, so you still have the 1935 Constitution,
government came first before the second Philippine amended in 1942 or the extension of the term of office
republic (35:00) was established by the Japanese of SYSTEMReviewer by: Lorebeth L. España Consti I |
military. Do you understand? So, they call it as the Judge Stella Alma Singko 19 | P a g e Ngayon ka pa ba
Banana Republic. Or the Japanese-sponsored susuko, kung kailan malayo na ang narating mo? LABAN
government, do you understand? Okay. ➢ The LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
president was appointed, not elected. There was no vice Estela Alma Singco |S.Y. 1st sem (2018) Quezon for two
president. Because there is no…no problem with filling more years. And then in 1946…1947, there were
up the vacancy because after all, the president was only amendments to the Constitution, like for example there
appointed, do you understand? Okay. Was there a was a change for the term of office of the president
constitution at that time (Second Philippine Republic)? from 6 years with 1 election to 4 years with 1 re-
➢ Yes, there was. Who drafted it? ➢ It was drafted by election. Do you understand? (39:04) And then you had
the Preparatory Commission for Philippine Bicameral legislature from National Assembly to
Independence, alright? And ratified by the Kapisanan sa Philippine Congress. Do you understand? ➢ This was in
Paglilingkod ng Bagong Pilipino, or otherwise known as 1946. There was an increase in the membership in the
the KALIBAPI. Do you understand? KALIBAPI. Okay? COMELEC. I think from 3, then, they changed it like 7…7
Alright? And then, how about the Commonwealth or 9? I think there were 9 members to the COMELEC.
government, (36:00) that was then was then exiled in And then, many other changes were made. Do you
the Washington DC? Who was the president? ➢ It was understand? That’s why sometimes, they describe the
Manuel L. Quezon. Alright? Was there a vice-president? Constitution as 1947 Constitution but actually it refers
➢ There was. So who was the vice-president? Sergio to the same 1935 Constitution that was amended, do
Osmeña Sr. Was that Commonwealth based on the you understand? And that was the Constitution that we
Constitution? ➢ Yes, it was. Pursuant to the Tydings- had until Mr. Marcos ran for president in 1965. That’s
McDuffie Law, the 1935 Constitution was drafted by the why, that’s four years, his term would have expired in
1934 ConCon – Constitution Convention, do you 1969, and since he ran for re-election, his term would
understand? And it was ratified by the people, subject last unta, supposedly in 1973. (40:02) But before that
to the approval of the President of the US. Because at happened, he had the Constitution revised. Do you
that time we were not yet independent. Do you understand? And to the eyes, the 1935 Constitution, he
understand? Are you following? ➢ Then, we were made a new one. In 1971, we had the election for the
granted finally our independence by the US on July 4, Constitutional Convention, do you understand? So,
1946 (37:00) that led to the birth of the third Republic that’s why the question is who made the 1973
of the Philippines. Do you know who was the first Constitution? Who made it? Marcos? Why Marcos when
president of the Third Republic? ➢ It was Manuel L. you have the 1971 ConCon. Mao pa gani pag-istorya. ➢
Roxas, Osmeña lost to him. Okay? And Manuel L. Roxas That was the presumption before. You have like…You’re
became the first president… Do you know who was the not reading your history. Your history is very rich, ‘kay?
last president of the Third Republic? ➢ It was Marcos Come to think of it. Can you compare the history of
who was the last president. Was there a Constitution other countries? You read your history. Gikan pa sa
under the third republic of the Philippines? ➢ Yes, there sultan, datu, hadji and rajah, diba? You get in views with
was. And what was that constitution? The the history of the European government kay gikan sa
commonwealth was replaced by the Third Republic. ➢ king, duke, etc. palaces and Castles, it’s so romantic to

hear about the story. We don’t bother to read our Singco |S.Y. 1st sem (2018) And thereafter, what did
history. Why is that? We don’t bother reading about our Cory do? ➢ She issued Proclamation No. 3 – that is
history. Because you’re not so proud of our…what do promulgating the Freedom Constitution. The first thing
you call it, your history? Your heritage, you’re not that that she did was to abolish the 1973 Constitution.
so proud. Mao na. Okay. ➢ Anyhow, going back to what Because if she would not abolish it, then she’s not the
I was saying here, guys. It was presumed to have been legitimate president, do you understand? So it was
drafted or that it was made by Marcos, or at least under abolished and then she promulgated Proclamation No.
his direction, because of that Constitution of 1935 was 3. ➢ The system is the same except for the fact that
revised on September 21, 1972, Martial Law was Congress, rather Interim Batasang Pambansa was
declared. Martial Law was declared, do you understand? abolished. (45:00) ➢ There were still the Courts, she
And then, there were members of the ConCon who was then the president of the revolutionary
were against Marcos administration, do you government. And because it was revolutionary, and
understand? So, because they were afraid that they there was no legislature, she exercised the legislative
might get arrested, they left the country or if not, they power and issued another Proclamation No. 9 to create
went into hiding. Do you understand? That Constitution, a Constitutional Commission, do you understand? ➢
they said, was completed only sometime in November Consisting of 50 members were appointed by her,
1972, when Martial Law was already declared and they coming from different sectors of the society. ➢ These
were saying that some of them, in fact, the members of 50 members commission drafted a new constitution
the ConCon, were already put in the stockade, so how which is the 1987 Constitution. And then ratified on
can they complete it, finish it? Do you understand? February 2, 1987 and declared that has been validly
That’s why the rumor, that it may have been completed ratified on Feb. 11 by Cory, do you understand? Okay.
then by Mr. Marcos, because he was so smart. Anyhow, Now then, enumerating to you the history, narrating to
well you cannot deny, still the fact, that there was the you the history of our Constitution, (46:00) what is the
1971 ConCon (43:00). Do you understand? You can only, common denominator? Is that Constitution
like, surmise but that is not the fact. The fact remains conventional or enacted, or is it cumulative or
that there was 1971 ConCon that was created for the revolutionary? Or is it a fiat or granted constitution?
purpose of revising the 1935 Constitution. And then the Common denominator? The Constitutions of the
1935 Constitution was ratified by the Citizen Assembly Philippines? The 1987 Constitution? Take note. Are they
on January 10-15, 1973. And then finally it was declared enacted, do you understand? By the president? Or by
to have been validly ratified by Mr. Marcos on January someone else? Or by a legislative body? Or made by a
17, 1973 pursuant to Proclamation 1102. Do you constitutional convention, a ConCon? Do you
understand? After 1973 Constitution, what happened? understand? Are you following here? 1935 ConCon.
➢ Because under this Constitution that the election was 1973 ConCon. 1987 Constitutional Commission. So, it is
held and Marcos ran against Cory. Of course, Marcos enacted. Do you understand? (47:00) Should there be
won in that election, do you understand? (44:00) And proposal for amendments in the 1987 Constitution,
because Cory cannot accept that she didn’t win the what does the law say? Who can propose amendments
election, a revolution in EDSA occurred, not even the or revision to the Constitution? And how do you classify
whole country. And then they say, having taken over the it according to origin? Do you understand? Do you
government and ousted the Marcoses, they were understand? The Constitution says Congress can act as
brought to America. Do you understand? Constituent Assembly to enact, to propose changes to
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge the Constitution. Or a Constitutional Convention that is
Stella Alma Singko 20 | P a g e Ngayon ka pa ba susuko, created by Congress through a law, do you understand?
kung kailan malayo na ang narating mo? LABAN LANG. Whose members…they would be appointed or elected
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma depending upon the law, do you understand here? To

propose the changes to the Constitution. Or otherwise ceded by Spain to the US, do you understand? ➢ And
the people themselves can directly initiate amendments we were already governed by virtue of the Treaty of
ONLY to the Constitution of 1987, do you understand Paris by the US. The Treaty of Paris then was our guiding
that? (48:08) Then, that means the Constitution being principle on how we should relate to the Americans. Do
amended, is what? Enacted or conventional, do you you understand? Sabot? Very good. Isn’t that
understand? Are you following? Because a cumulative interesting? xxx Okay, any problem, any questions any
or an evolution--, not revolutionary ha, evolutionary clarification, guys? Do you have any question regarding
constitution is a constitution which is a product of the on that matter? None. Let us then proceed to our
taking in and out activities of the government. It’s recitation again. (52:00) *Calls a student* Question:
cumulative of all laws that may be passed by a When a Constitution is difficult to change because you
legislature that will form part of the Constitution. And it follow a particular process or procedure, okay? And you
is an ongoing process because in an unwritten classify our Constitution as difficult, meaning as rigid
constitution, for as long as the Parliament, (49:00) they constitution. How do you then adopt a constitution after
continue to make laws, then they continue to make following the process? How do you adopt it? When it
their Constitution, do you understand? Besides, to becomes effective, alright? So assuming that following
adopt a practice as a customary or convention, it has to the process, you have proposal, submission and then
be followed for a number of years. Do you understand? you have the ratification now of the amendment or the
In which case, it may now become now customary and new Constitution? When will that Constitution then take
conventional, then if they form part of an unwritten effect? (53:15) Answer: It will take effect after it is
constitution, that constitution is practically the product published… Judge: It is published… so from the
of the so many years of practice of the State, do you ratification, then it has to be published where? Answer:
understand? Or protocol in that particular place. Do you xxx Judge: General circulation… Answer: xxx Judge:
follow here? What about a Fiat or Granted Constitution? General circulation… So any law that the Congress will
➢ A fiat or granted constitution is a constitution is pass, before it takes effect, it has to be published and
made by one country for another country. (50:00) Like then fifteen days thereafter on the last day of the
for example, usually this happens when two countries publication, the law becomes effective. Is that…is that
are in conflict in a war with each other. ➢ One is the the way also that should be done after ratification…that
victors, the other one are the losers. Do you it has to be published? (54:10) Judge: xxx When will it
understand? And they will sign now a treaty of peace take effect after ratification? When is the effectivity?
who will guide the relationship with each other, as the Answer: xxx Judge: After the publication? Okay… Do you
victors and the losers. During World War II, who lost the know if the 1987 Constitution was published? You don’t
war? It was the Japanese. Do you understand? They know? So, how did you know that the Constitution is
were…one time ra nga bomba. Then, they surrendered. already effective? (55:03) Judge: No, I’m thinking about
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge the specific date of effectivity. Because you were saying
Stella Alma Singko 21 | P a g e Ngayon ka pa ba susuko, that it has to be published. So there are dates of… xxx I
kung kailan malayo na ang narating mo? LABAN LANG. thought it was after publication, then why xxx. So, I
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma thought… It should be on the date of ratification. Judge:
Singco |S.Y. 1st sem (2018) Diba? And the surrender of What if you will be questioned on the ratification of the
the Japanese to the Allied Forces, particularly to the Constitution xxx effectivity of the ratification…to take
Americans… What happened? A treaty of peace was effect on the date of ratification. When the case was
signed. And the treaty of peace guided the Japanese on filed in the court ratification. Only after three years. xxx
how they’re going to recover from the devastation of Constitution to be considered effective on ratification
that war. (51:00) Similarly, the Treaty of Paris was a and not on the day of publication. (56:28) Judge: The
treaty of peace between Spain and US, where we were declaration made by Cory on February 7, 1978 xxx

ratified before 1978. So, are you saying now that the day called indios, meaning uncivilized because they cannot
of ratification was not on February 7 but from February give us a name as a group of people sharing the same
7? Judge: Why? (57:07) Judge: So what if it was ratified culture and tradition. It is only during the American
on February 2 but you can’t be sure that the ratification occupation that the concept (state) came about,
was valid until it was declared by the president…and it specially when they defined relationship between the
was validly ratified? Judge: You know that the 1973 Americans and the government at that time. So the
Constitution took effect upon the declaration of Mr. concept of citizenship. Ex. Jews. They are called
Marcos that it was validly ratified in January 17, 1973 wandering jews because they did not have any territory.
and not of the dates of ratification sometime on They go from one place to another. They are
February 10-15, 1973 by the Citizen Assembly? everywhere in the world and at the same time they
SYSTEMReviewer by: Lorebeth L. España Consti I |Judge have the same culture, beliefs and ideals and then they
Stella Alma Singko 22 | P a g e Ngayon ka pa ba susuko, are everywhere. A nation can compose of several states
kung kailan malayo na ang narating mo? LABAN LANG. and on the other hand a state may compose several
FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma nations. - Example is Arab nation consisting of several
Singco |S.Y. 1st sem (2018) Judge: Which is more states, that is United Arab Emirates. Another is United
logical? Date of ratification? Or final declaration of the States of America, one state composed of many nations.
political sovereign… declaring the constitution was The kind of Constitution according to the manner of
validly ratified? (58:00) Judge: The date of ratification… changing it. - Rigid and flexible. The rigid constitution
because? *Calls another student* Judge: What is the where you have to follow a particular process of
difference between a state and a nation? (59:08) Judge: procedure before you can affect any change Difference
What do you mean by the…it is a legal concept when between an amendment and revision. The people may
you speak about the state whereas nation is an ethnic be authorized to initiate a change to the constitution
concept, can you demonstrate the difference? Judge: however it is only limited to amendments they cannot
What are the elements you are referring to? Judge: And make a revision. How do you determine that the
the what? Judge: Government? Okay. Whereas the proposed change is an amendment or a revision? Two
nation? Judge: The population? Ah, affiliation? tests: Qualitative Test and Quantitative Test. Qualitative
Affiliation of whom? (1:00:00) What is the difference Test - goes into the principle underlying the reason for
between a state and nation? A nation can exist without the change that may result to an overhaul of the
the 4 elements: People, Territory, Government and constitution because they are practically changing the
Sovereignty as long as there are people who assert their philosophy SYSTEMReviewer by: Lorebeth L. España
oneness, their unity in tradition, beliefs, ideas and Consti I |Judge Stella Alma Singko 23 | P a g e Ngayon ka
language. Ethnic Concept. When you say ethnic you pa ba susuko, kung kailan malayo na ang narating mo?
refer to what? You are referring to a particular race. LABAN LANG. FOR EH 308 (LLB) USE ONLY Consti I |
Wearing of malong- a practice followed by a particular Judge Estela Alma Singco |S.Y. 1st sem (2018) underlying
group of individuals. One ethnic because they pertain to the operation, the structure or the organization of the
a race. A state cannot exist without the 4 elements. So government. You are practically change all the
how many nations are there in the Philippines? ➢ One. provisions relating to it and also changing the
How do you call your nation? ➢ Filipino Nation. relationship of the government and the governed.
Christians and Muslims both belong to the same nation, When you change a lot of the provisions quantitative
the same race. During the Spanish period we did not wise that is a revision but if you are only changing a
have a government we can call as our own but there portion or portions of the constitution that is just an
exists already the Filipino nation at that time only that amendment. Ex. When you authorize the foreigners to
we were not named as such, but the people already acquire lands in the Philippines. You did not change the
share the same culture, ideals and beliefs. ➢ We were government. Only that from being prohibited now they

can acquire lands in the Philippines it does not change discretionary to congress acting as a constituent
the relationship of the government and the governed- assembly. Substance wise of the proposal not subject to
Amendment. Changing the term of office of the judicial review. But if procedure is not followed in
President. It does not affect his relationship with the adopting that proposal that requires for example ¾ of
legislature or even with the Supreme Court and the the votes, like if they only obtain majority then that is
People in generalAmendment. But if you are going to subject to judicial review. The question however is, it
adopt a new system of government. From Presidential says ¾ of all members of congress and yet it did not say
to Parliamentaryrevision. Under the Constitution, who voting separately. Clearly the House of representatives
can propose? Because the process is first there must be has more members than the Senate. So that it is
a proposal and then once it is final drafted will be possible that the House of Representatives can reach ¾
submitted to the people for further studies and votes even if all of the senate does not vote for such
discussion then after they can go to ratification. petition. Some comments on “¾ votes of all members of
Proposal The 1987 Constitution provides the entities congress” should it be voting jointly or separately. It is
who can propose: 1. Congress, acting as a constituent misleading and is misunderstood by the members of the
assembly. 2. Constitutional Convention. 3. People You constitutional commission when they drafted that
can notice that the president is not among those who provision of the constitution that maybe they forgot
are allowed to propose any amendment or revision. But that SYSTEMReviewer by: Lorebeth L. España Consti I |
you will also note in your history that the 1973 Judge Stella Alma Singko 24 | P a g e Ngayon ka pa ba
Constitution was amended by Mr. Marcos when he susuko, kung kailan malayo na ang narating mo? LABAN
lowered the retirement age from 70 to 65. He was LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
exercising legislative power because there was no Estela Alma Singco |S.Y. 1st sem (2018) congress is not
legislature at that time until the constitution was again unicameral. And that they just copied the provision of
changed by him to create another legislature to serve as the 1973 constitution. Then with regards to this issue
the legislative body. And then during the time of the there would always be a question in the Supreme Court
Freedom Constitution promulgated by Cory Aquino with regards to the procedure on the proposal. Not the
because there was no legislative body. Then the 1987 proposal itself because that is beyond judicial inquiry. It
Constitution was drafted in accordance with the is a political question. The legislature as representatives
mandate under Cory. This time should there be any of the people are supreme and sovereign in making any
amendment or revision then we follow the procedure as proposal or changes or revisions to the constitution.
provided by the constitution. 1. Congress, acting as a Transcribed by: Alvez, Ebal, Balagtas, Whim, Go,
constituent assembly. Do you know that congress is not Queenie Discussion on the Procedures to change the
just a law-making body? It can also serve as a Constitution 9/3/18 Judge Singco: So you have proposal,
Constituent Assembly. CON ASS. It has two major submission, and there is the ratification. On proposal
powers: a. Law making power. b. Its constituent power guys we said basically there are 3 entities who can make
that is proposing changes in the constitution. The a proposal, you have Congress acting as a Constituent
difference between the two is, whatever proposal they Assembly or a call for a ConCon or the Constitutional
are going to make in the legislative enactment would Convention. We have the people who can directly
pass through the president for his approval. And if they propose through initiative but only on amendment. If
act as a constituent assembly they are supreme in the the congress will act as a constituent assembly, that will
sense that they are accountable to no one. Meaning require ¾ votes of all the members of Congress to make
their proposals are not subject to the review and that proposal. And as we said, logically it has to be a
approval of the president. They are independent and voting separately because the Senate will be superseded
supreme within their own sphere. Proposals are not by the House of Representatives because it has the
even subject to judicial review because that is number. But you must note that Congress is not only

compose of the House of Representatives but also as a legislature or a lawmaking body. Now then, since
compose of the Senate. So that’s why I believe that it you have people to propose. How do people propose
should be voting separately when they decide to make a changes to the Constitution? ➢ It can only be possible,
proposal. Or if they do not want to propose and they first and foremost, there has to be a law to provide for
would instead refer it to a Constitutional Convention. the procedure. And so RA 6735 was passed supposedly
What would they do? That would require 2/3 votes of to provide for the mechanism on how people can
the members of Congress to create a Concon and call directly propose amendments. ➢ However, in the case
for an election or maybe they will be appointed as of Santiago v. COMELEC, Supreme Court found that RA
members to the concon to save money. It depends on 6735 was insufficient to provide for the procedure. ➢
the vote that created the concon. So that would require Nonetheless, in the case of Lambino v. COMELEC, the
2/3 votes. And if they cannot again decide whether to Supreme Court has emphasized that the matter of
call for a concon or for them to act on a constituent proposing by the people will depend on political will. So
assembly then they may refer it to the people for them meaning, if really the people as the sovereign would
to decide. And that would require majority votes of insist on proposing the changes to the constitution, they
Congress to call for a referendum and ask the people may do so provided that… SYSTEMReviewer by:
whether or not they will have a concon to propose the Lorebeth L. España Consti I |Judge Stella Alma Singko 25
changes of the constitution. And I also explained to you | P a g e Ngayon ka pa ba susuko, kung kailan malayo na
guys when Congress act as a constituent assembly, it is ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE
powerful. It is supreme within its sphere. And therefore ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem
their proposals are not subject to any judicial review. (2018) What are the requirements that need to be
Same with a concon, they are not subject to judicial established as required for the petition? ➢ The petition
review. In other words, the substance of a proposal for proposal for changes, if people are to be the
cannot be reviewed by the courts especially by the authors, they must represent 12% of the total registered
Supreme Court because such a constituent body may it voters nationwide. And each legislative district is
be Congress of concon is given the supreme power to represented at least by 3% of it registered voters. For
make that proposal. So as I was saying earlier on example, in the province of the City of Cebu, there are
proposal, how can you differentiate the function of about 10 districts. ➢ Each legislative district must be
Congress as a lawmaking body and as a constituent represented by 3% of its registered voters of the 12%
assembly? ➢ As a lawmaking body, it makes laws. And total registered voters required in order to sign the
their proposals for legislative enactments are subject to petition. So 12 and 3 percent should conform with each
the approval of the President. So they have to be other in order to validly initiate a proposal of
submitted to the president for his signature. If the amendment to the constitution. And it was further held
president for example, does not like it then the by the Supreme Court that if people are to be the
president can always veto it. On the other hand, when authors, they must file the petition themselves so that
Congress acts as a constituent assembly, their proposals they should have as many petition as the number of
do not pass to the president. ➢ It will be submitted to registered voters signing the petition. ➢ And the
the people. Not to the president. ➢ When congress acts Supreme Court also emphasized in the Lambino case,
as a constituent assembly, it can authorize a should there be any changes proposed by the people,
disbursement of public funds for the expenditures that that they should only include those that would amend
would be incurred in the revision or amendment of the and not revise the constitution. So you have the
constitution. But if Congress is not acting as a distinction between the quantitative and qualitative test
Constituent assembly, it cannot authorize the whether it is a mere amendment or it is a revision. Now
disbursement of funds for the amendment of revision of then, another case that you should take note is the case
the constitution as the powers are assigned to Congress of the Province of North Cotabato v. the panel of

representatives coming from government in signing the also separate. But there were amendments that they
MOAD for the establishment of the Bangsamoro had not approve not in a separate plebiscite in the 1973
Juridical entity. You will note that during the constitution but approved at the same time there was a
administration of Arroyo, there was already the signing governmental election. So it is possible to save time and
of the agreement between the Muslim representative money, they can have the election and at the same time
and the government that the Bangsamoro will be a plebiscite. Now then, how many votes are needed in
established. So what happened to the MOAD? It was order to adopt the amendment or the revision to make
then challenged as to its constitutionality. ➢ Firstly it effective? ➢ You need majority votes of the people
because the system of government as provided in the who cast their votes for that purpose in that plebiscite.
1987 Constitution is unitary. There is no place for a So it’s not based on total registered voters but based on
substate within a state. Should there be an adoption or those who cast their votes needed to have the majority.
recognition of a substate like Bangsamoro Juridical SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Entity, you need therefore to amend the Constitution in Stella Alma Singko 26 | P a g e Ngayon ka pa ba susuko,
order to implement what was agreed upon between the kung kailan malayo na ang narating mo? LABAN LANG.
president and the Muslim representative. So if it is then FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
when President Arroyo signed the MOAD, Pres Arroyo Singco |S.Y. 1st sem (2018) Is this question on the
practically proposed amendments to the Constitution validity of the ratification subject to judicial review? Is it
which is not allowed under the 1987 Constitution subject to review by the courts? So for example you
because there are only 3 entities who can propose: question about the manner of the ratification whether
Congress, ConCon, and the people through initiative. the majority really was obtained. Is that subject to
Then after the proposal, what will happen next? The review by the courts or ultimately by the Supreme
proposal will be submitted to the people for Court? You will note that in the case of 1973
deliberation. It is up to now to the people to discuss Constitution all the ratification cases which questioned
about it the pros and cons of the adoption of the the validity of the ratification of the 1973 constitution
amendment or a revision. The only requirement here is were dismissed. What was the reason? That these are
should there be any proposal to changes, the entire political questions beyond the ambit of judicial inquiry.
proposal should be submitted to the people so that they This has been changed under 1987 Constitution. If the
will have a better view or a relationship among the question is pertaining to the procedure of the
proposed changes to the constitution so that they can ratification, then the question is subject to judicial
effectively decide whether to approve or reject it. So review filed by any citizen of the country. So see the
there cannot be an installment bases of submitting any difference of the substantive proposal not subject to
proposal for changes to the constitution. Now then, judicial review for that is a political question. But if it has
after the submission, what will happen? ➢ It will now something to do with the procedure either in the
be deliberated upon by the proponent to call for a proposal, submission, or ratification that would be
plebiscite in order to approve or ratify the constitution. subject to judicial review. This time, it is no longer a
➢ So this plebiscite is a kind of election but unlike the political question and any person who is a citizen of this
election where you elect people, you vote for the country can bring up the matter to the Supreme Court
candidates, whereas in a plebiscite there is only a for judicial review. Then the question, when did the
question of whether or not to approve the constitution. 1987 constitution take effect? ➢ If you base it in history,
It is just a yes or no. And because of that, it need not be you will know that 1935 constitution took effect on the
held in a separate election. ➢ It can be joined in a date of ratification. How about the 1973 Constitution? It
national election for governmental elections or a special took effect on the day that Mr. Marcos declared that it
election, we call it a plebiscite. I think the 1987 was validly ratified on January 17, 1973. Supposedly, the
Constitution had a separate, yes it was separate. 1973 ratification was held during the period of January 10 to

January 15 (not sure if it was really on the 15th. nation exist without territory, without government or
Inaudible). And then on the 17th , then Marcos declared without the enjoyment of sovereignty? It can exist for as
the Constitution to have been validly ratified pursuant long as there is this group of people having the same
to presidential proclamation no. 1102. Next question ideals, culture, tradition, etc. A state cannot exist at
now, if you are to base on history, when did the 1987 least without a nation because nation is composed of
Constitution take effect? Was it on February 2 when it the people whereas nation can exist without being a
was ratified or was it on February 11 when Cory Aquino state. SYSTEMReviewer by: Lorebeth L. España Consti I |
declared it validly ratified? ➢ Before February 11, you Judge Stella Alma Singko 27 | P a g e Ngayon ka pa ba
cannot be sure if the Constitution was validly ratified. It susuko, kung kailan malayo na ang narating mo? LABAN
was only on February 11 that there was a confirmation LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
that indeed the 1987 Constitution was validly ratified. Estela Alma Singco |S.Y. 1st sem (2018) So you apply it in
And thus the issue in the case of De leon v. Esteras. You your own. How do you call your state? Your state is
will note in the case of De leon, there was the removal called the Republic of the Philippines. It refers to the
of the brgy. Captain and his kagawad by the governor. political entity having the four elements. How about
Under the Constitution, the governor has that power. your nation? What do you call your nation? ➢ Filipino
Under the 1987 Consitution, that power was revoked nation. How many nations do you have? ➢ You belong
because according to the Consitution now, the Congress in the same nation regardless of you being a Christian or
must take hold of the offices until the next election. And a Muslim. It is just a matter of beliefs. ➢ But when you
that brgy. Captain was removed on February 9. If the say nation, it is the matter which refers to your ethnic or
Constitution took effect on February 2 then the removal race. The state can compose of many nations like for
is invalid.The constitution took effect on February 11. example, Great Britain. You have Scottish, the English,
What did the Supreme Court say according to that and the Welsh. You can also have a nation consisting of
matter? According to the Supreme Court, the many states like the Arab nation or the United Arab
Constitution took effect on the day it was ratified so that Emirates (UAE). Or you have the German nation with
the declaration of the president on the valid ratification several states. They used to have East and West. I don’t
was merely a confirmation. But actually, the effectivity know what happened. They are now 1 state and 1
should take effect on the date of the ratification. Why nation. People: pertains to all inhabitants or residents of
did the supreme court decide in manner? Because the the country. There are so many meanings of the same
Constitution says so. According to Sec. 27, Art. 18, any term “people” in the constitution depending on how
amendments or revision shall take effect on date upon they’re being used or within what context of the
ratification by majority vote. So should there be any provisions of the constitution. There is no requirement
amendment or revision of the form of government to a as to the number it states only “more or less numerous”.
federal system, the effectivity should be reckoned on It could be a small population like the Vatican which has
the date of the ratification. Discussion on the Elements only a thousand bishops and priests. As long as it would
of the State 9/3/18 Judge Singco: as we study political perpetuate, it can survive for a number of years. Or it
law, we also study the elements. As the law revolves could have a big population like China. China practically
around the elements of the state: people, territory, consists one-half of the world’s population that’s why it
government, and sovereignty. Nation and state can be is just like they who have this policy of one child policy.
used interchangeably. Is the state synonymous to the One Child Policy: It means that the government do not
nation? Are they the same? ➢ The words are used anymore support a child, I mean a child that is more
interchangeably in the international law. Can the state than what is required or allowed the government. It’s
exist in the absence of any of the elements? It can’t very expensive because you have to be really work hard
because it is a juridical concept. For the state to exist, it to feed for that child because the government is not
must have all the elements. What about a nation? Can a going to support that child. As long as the states can

support and can sustain and provide for a number of Now the controversy that we had with China has
years, it does not matter how many people you have in nothing to do with the archipelago. It has something to
the country. Exclusive economic zone: the source of do with the Scarborough Shoal that was considered as a
controversy between us and China over the regime SYSTEMReviewer by: Lorebeth L. España Consti I
Scarborough Shoal because it is claimed by China in the |Judge Stella Alma Singko 28 | P a g e Ngayon ka pa ba
South China Sea, now we are referring to it as the West susuko, kung kailan malayo na ang narating mo? LABAN
Philippine Sea. Territorial Sea: So you have sea waters LANG. FOR EH 308 (LLB) USE ONLY Consti I | Judge
around between connecting the islands, how do we Estela Alma Singco |S.Y. 1st sem (2018) of islands
consider them? Are they sea waters? Of course they are separate from the main archipelago. That Scarborough
sea waters. If you are to cross the waters going to Bohol, Shoal also has its own coastal waters, twelve nautical
that’s sea waters diba? Between Bohol and Cebu, do miles; it has an exclusive economic zone which
you understand? Now, are they considered as territorial according to China has entered practically in their own
sea? The answer is no. We have to adapt another exclusive economic zone. Suffice to say, the territory
doctrine and that is the archipelagic doctrine then what may consist of a terrestrial domain, you have fluvial
we have will be the sea waters only along the coastline domain, you have aerial domain, and the maritime
and to that extent the international law allows the domain. Government: is a juridical agency of political
coastal state to have jurisdiction over the sea waters institution to which we render a habitual obedience
which is twelve nautical miles from the low water mark, through which the will is carried out. ➢ Now basically,
beyond that they become international waters. We can’t the government as an agency is there to serve and
apply that in our territory because there are islands that protect the people. They carry out our will. How do
are separated by more than twelve nautical miles from these three powers relate with each other? How does
each other. So you say twelve nautical miles from Bohol, the national government relate with the local
twelve nautical miles from Cebu it became international government? How do these people or the change-how
waters and then if you are to follow the ordinary do you change people in the government or are people
concept of the rights of a coastal state, we won’t be in the government chosen or how do you transfer
creating international pockets of international waters powers of one administration to the next or from one
within our territory. That’s the reason why the sea generation to the next, or according to how legitimate
waters in between and connecting the islands are or lawful the government that is existing? ➢ So you
considered now as fluvial waters. They’re treated like have according to number of rulers, according to
rivers, lakes swamps and canals. The rivers for example Aristotle, you may have what we call, a monarchial
dividing France, Switzerland, my god is so huge. They’re system of government, aristocracy, or you have
bordered by the rivers. So they’re so wide and so huge democracy. Dictatorial System of Government or
and ilahang rivers it’s like the Atlantic Ocean or Pacific Authoritarian System of Government: ➢ So who is an
Ocean guys (exaggerated lang?) the only difference is example of that was the Marcos Government. ➢ Under
still waters, ang dagat, it’s huge. Territorial domain: the the 1973 Mr. Marcos was the president and at the same
sea waters connecting the islands and then we consider time the prime minister. Was there a legislative body,
the separating the territorial waters and now the there was none for some time. So what happened? ➢
territorial waters. When you apply for a territorial He appointed upon himself legislative power because
domain you draw a straight line connecting the there was no legislative body, not to mention there was
outermost point of the outermost islands. ➢ All the Martial Law and that justifies his exercise of legislative
seawaters inside are considered as internal or powers. Even the creation of the Imperium of Batas
archipelagic waters and then outside of the state line, Pambansa, he continued to exercise legislative power to
you declare the low water mark of the outermost island. the extent that the power weren’t legally shared
And from there, you count to twelve nautical miles. between Mr. Marcos and the Imperium of Batas

Pambansa. That’s legislative power. Did he exercise aristocracy, you have oligarchical system of government.
judicial power? ➢ Actually, yes he did. How? ➢ In modern times, it is called a totalitarian system of
Remember, he was the Commanding Chief of the Armed government. Democracy: They are all people practicing
Forces of the Philippines and during his time, any to rule, now people directly ruling the country. When
criminal case involving violations of cause relating to people directly exercise the powers of government,
national security and peace and order of the country, that’s pure democracy where people directly identify
jurisdiction is with the military courts. ➢ So if you’re themselves as government. But that applies only to a
charged with rebellion for example, or even illegal scarcely or a barely populated state. It’s impossible to
possession of firearms in furtherance to the crime of amend that type of system in a highly populated place
rebellion or sedition for example. Where do you file the like ours. So instead we have this Republican by electing
case? ➢ You don’t file a case or affidavit in court, you representatives to the government and the government
file it with the Military Tribunal. Who reviews the to us. So the idea of indirect democracy has been
decision of the Military Tribunal, not the civilian court conceived sometimes we call it Republican or a
such as the Supreme Court, the decision is with the representative kind of democracy. This is mostly a
Commander in Chief of the Armed Forces of the government according to the people. It’s a government
Philippines. Mr. Marcos can exercise, all the three by, of the people. Question: What happens? If you allow
powers: the executive, the legislative, and judicial. people to directly exercise the powers, then they might
Question: Is that a violation of the Constitution of 1973 do whatever they want. Instead of establishing a
in the exercise of power to Mr. Marcos? ➢ Of course democracy what is established is a mobocracy. It’s that
not! All his powers are granted to him by the perverted form of direct or pure democracy. Oral
Constitution. ➢ That is why he described his Recitations Questions 9/4/18 Q: According to the
government as democratic dictatorship because it was relationship of the three branches in the government
based upon a Constitution ratified by the people. ➢ For how do you classify the form? How many branches in
a constitutional authoritarianism, the powers vested to the government? S: We have 3 branches: The Executive,
him will be all the powers of the government but it is Legislative and Judiciary Q: How do they relate with
constitutional because the powers were granted to him each other in terms of the system of government we
by the constitution. That’s how smart he was. Very have today? What is the system? S: Presidential system
smart, no one else like him. Aristocracy: So because of Q: Why is it Presidential? S: It is Presidential because the
complaints and abuses committed by these Kings during President exercises the executive power.. Q: Only? S: Yes
those Olden Times, it was decided that there must be Q:Now what about the two other branches in the
some people who should share with the powers to government? S: The Legislative branch creates the laws
check with fiscalize the ruler. In Parliament, instead of and the Judiciary applies the laws. Q: In the exercise of
having a single person to rule the society you now have their respective powers, what is the principle that they
a few people ruling the society under an aristocratic are observing? And what interferes in each other’s
system of government. These few people could be the exercise of their respective powers? Like the making of
richest in the society if not the most intelligent or laws for example, can the President [appeal] upon the
otherwise the strongest in the community. What Congress, being the head of the political party
happened is these rich people would become abusive as dominating the Congress, what laws are to be passed or
well, eventually. SYSTEMReviewer by: Lorebeth L. enacted? S: With regards to the exercise of powers, one
España Consti I |Judge Stella Alma Singko 29 | P a g e branch cannot interfere with function of the other. Q:
Ngayon ka pa ba susuko, kung kailan malayo na ang Why not? S: It’s the exercise of the Separation of Powers
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY Q: Why are the powers separated from each other? S:
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018) The powers are separated so that they cannot abuse the
Oligarchy: the perverted form of aristocracy. Instead of function of the other… Q: Because of the possibility of

abuse that may be committed by one of the branches of governmental set up? Why? Illustrate. S: It is Unitary
government, like in the making of laws for example, the because the powers are controlled by the National
President cannot interfere in the making of laws by Government, there’s only one central government. All of
Congress? S: In that sense, The President can, in the the government processes are under the National
exercise of his executive power, can veto the proposed Government. The Local government units only have
law by congress. Q: Will the veto power of the President limited power. Q: Give me an example of a power that
then, negate the equality of power among the 3 all depends on the National government. S: Like budget
branches, considering that he will be overruling a law of the departments. Q: The other departments
that had been proposed by Congress which is a co-equal belonging to the executive branch are under the
branch of government? S: No. There is no interference National government. Give me an example of a
of powers but there is an equal exercise of power relationship between national and local where local
because the legislative has already done its part which is government do not have the power because the power
formulating the law itself and the executive in his is in the hands of the National government. Can the
exercise of power is already in the implementing stage local governments make the laws independent of the
of the law, so there is no interference and there is an National government? S: There are laws that can be
exercise of equal powers of those powers. Q: How do implemented within the locality. Q: Now we’re talking
you differentiate between Presidential and about making of laws, can the Sangguniang
Parliamentary? S: Presidential type of government, the Panglungsod make a law contrary to the existing laws
President exercise the administrative whereas the passed by Congress? S: No. Because all of the laws
legislative does the lawmaking and the judiciary applies would be created or implemented in the locality should
the law. While in Parliament, the Executive and the be in concurrence or should not be contrary to the
legislative are exercised by one department. Q: What do national laws or the statutes passed by the Congress. Q:
you mean by exercised by one department? What So what’s the point of granting police power to LGU
department are you referring to? S: The Executive Q: when they cannot even make their own laws? S:
You mean in the Prime Minister in the Parliamentary Because there some needs of the people in the locality
System exercises both powers, Executive and Legislative that are specific to the people. Q: Say for example, the
Powers? How can the president exercise both powers? rampant problem with illegal gambling, in the locality…
S: By being able to pass laws SYSTEMReviewer by: Can the Sanggunian of that locality pass an Ordinance
Lorebeth L. España Consti I |Judge Stella Alma Singko 30 prohibiting all forms of gambling? Preferably that is for
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na the promotion of public welfare, public morals
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE protection and promotion of public safety. Could that be
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem a valid ordinance? S: There is already an existing
(2018) Q: Prime minister can pass laws as well in a Ordinance that all forms of gambling is… Q: Is valid? Is it
Parliamentary form of government. What else? What valid? Q: If there are two governments existing at the
are the differences. In a Parliamentary system of same time, how may you classify the forms of
government, can a President be removed by the government? S: They would be a de jure and de facto
legislative body? S: Because he can be removed by government Q: Let’s have an example, during the
impeachment Q: Can the Prime Minister in a Japanese occupation there were two governments, one
Parliamentary System be removed by the Parliament? of the Commonwealth government and the other one
Q: According to relationship between National and was the Second Philippine Republic that was sponsored
Local, how do you classify the forms of government? S: by the Japanese. Which of the two is a de jure
The forms of government according to the forms of government? S: It is the Commonwealth Q: The
government are Unitary and Federal. Q: How would you Commonwealth is the de jure one? Why? S: It is ruled or
classify the Philippine Government? The present governed with the consideration of the people unlike

the de facto wherein it is ruled or governed with force. Congress to interfere into the powers of the President
Like in the Presidency of Marcos, where he exercise[d] and neither President can interfere with the functions of
his…all his rights in running the government. Q: If the Congress or that of the Supreme Court. Such would
Second Republic was the de facto government, what negate the subdivision of the powers or the equality
happened now to the laws of the Commonwealth among the three branches in the government. President
government? Were they still valid and binding during as Head of the Political Party For example, even the
the Japanese occupation? S: No. Laws [during] in [the] president is head of the political party that dominates
Japanese occupation are [were] abrogated. Q: So if you the Congress because most of the members of the come
have a note contracted during the Commonwealth and from the same political party in that case is being
then there was a (___) by the Japanese and thereby a headed by the president, the President cannot dictate
statute movement (?) that would not enact because the upon Congress what laws to be passed. As far as
laws governing that utang are abrogated.Is that what Congress is concerned, the power is plenary, absolute to
you are saying? S: Yes, judge. Q: What happened after them, without intervention of either branches in the
the presumption of the Commonwealth? What government. Supreme Court cannot compel Congress to
happened to the Japanese laws? Or laws that were pass laws The Supreme Court cannot also compel
passed by the Second PH Republic upon presumption of Congress to pass laws which Congress does not like to
Commonwealth? S: I think that those laws under the make. Because they are independent from each other,
Japanese government was [were] abrogated and it’s they are co-equal branches in the government. To give
[were] no longer binding. Q: So the same with the you specific examples: Where there is a declaration of
Commonwealth laws during the Japanese occupation, unconstitutionality of the act of a branch because of a
they too were abrogated? By the Japanese? S: I think violation of the separation of powers: 1) DAP
that for the Commonwealth government, it is [was] (Disbursement Acceleration Program)of former Pres.
suspended while during the…when the time the Aquino. Ø Why was it declared unconstitutional and
Japanese government…turnover. SYSTEMReviewer by: thereafter he was charged with usurpation of legislative
Lorebeth L. España Consti I |Judge Stella Alma Singko 31 function? Under the Constitution, the power to
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na authorize the disbursement of public funds is vested in
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE Congress. So ang mag-buot in giving the authority of
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem spending the money of government is Congress. It must
(2018) Continue the discussion of the DIFFERENT always be supported by law, should you make
FORMS OF GOVERNMENT We will have the Bourgee disbursement of public funds. What is this concept of
(bourgeois)classification, according to relationship DAP? What the President did was to get all the monies
among the three branches in the government. The three from the different departments under him and put
Branches of Government: • Executive • Legislative 1. them all in one fund, this is the DAP. Then authorize the
Judicial Branch Power Head EXECUTIVE execute or expenditures of these funds for projects and purposes
implement the law President LEGISLATIVE make the law not even mentioned in the General Appropriation Act
Congress/ National Assembly JUDICIAL apply or (GAA) which authorizes the expenditures of funds for
interpret the law and apply it in actual cases or the operation of the government in general. In other
controversies Supreme Court (as the highest affiliate words, ang nag-buot of the disbursement is the
court) Presidential System of Government • three President using the funds allocated for the Executive
branches are co-equal • they do not interfere in each SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
other’s functions • They do not co- each other’s powers Stella Alma Singko 32 | P a g e Ngayon ka pa ba susuko,
because the powers are granted to them by the people kung kailan malayo na ang narating mo? LABAN LANG.
o with the people electing to office and them serving FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
their office with fixed terms So therefore, it is not for Singco |S.Y. 1st sem (2018) branch and worse, even use

those funds for expenditures, for projects of other power is absolute without checking or any limitation?
departments, like you have legislative department or That Congress if not checked can become even more
COA, even the Judiciary have been shared with those powerful than the two other branches in the
funds coming from the Executive branch without government. What if it will pass a law that says: ‘remove
authority from Congress. In effect, the President was the Prime Minister or the President’ or ‘those who are
appropriating the funds, which power is exclusive to absent this evening shall be put to death tomorrow’ If
Congress.Thereby usurping the function of Congress and there is no limitation or checking of the powers, then
violating the separation of powers. What is supposed to you will have the dominance of Congress thereby
be the role of the President in so far as the GAA that violating the equality among the 3 branches.
authorize the disbursement of funds? It’s for him to ________________________________ Sept. 4 First Half
implement it and not to determine for what project the Part 2 The three branches must check each other’s
fund should be spent because there is already that law powers making sure not one of the branches becomes
which they should have followed. That law is the more powerful than the rest thereby protecting the
authority for the disbursement of public funds. 2) Pork people from any arbitrary control by any of these
Barrel Ø What is the Pork Barrel? Why was it declared branches in the government. How is this done? When
unconstitutional? It was declared unconstitutional laws are made, proposals are what we call bills. Bills do
because its Congress that now, who were spending the not become laws unless they pass through the
discretionary funds.Their assigned discretionary fund to president. If the president thinks that the bill contradicts
fund projects of their districts according to the needs of to the Constitution or against public interest then the
their districts. And that money is already appropriated President can always exercise his prerogative which is
and included in the GAA. The ones who determine how veto power. Once he vetoed the bill, that bill may not
the funds should be spent, supposedly, is the GAA that become a law. Will that power to veto by the President
was passed by Congress, that authorized the absolute? No. The Constitution also provides that the
disbursement. Before ang mabuhat ra sa Congressman veto power of the President can be overridden by 2/3
is just to simply identify the project and recommend it votes of both houses. Whether the President likes it or
to the President. The actual disbursement of funds and not, it becomes a law. If the executive and legislative
identifying who the persons to whom the money will be both abuse the exercise of their powers, who’s going to
given is with the President because it is supposedly the check them? The Supreme Court exercising judicial
President who executes the GAA which includes the review because if the SC says that Congress is right then
disbursement of funds for those projects recommended the law is passed and if the SC says that the President is
by the Congressman. What happened? They (Congress) right in his veto thereby declaring the law
were the ones who implemented their Pork Barrel by unconstitutional. SYSTEMReviewer by: Lorebeth L.
particularly not only identifying the project, even to España Consti I |Judge Stella Alma Singko 33 | P a g e
whom it will be assigned or for how much, and that by Ngayon ka pa ba susuko, kung kailan malayo na ang
usurping the power of the president by usurping the narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
GAA and violating the Separation of Powers. Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
Theoretically, ideally: in a Presidential form of Will that be an assertion of superiority of the court? No
government, there should be independence among the but rather it’s an assertion of the supremacy of the
3 branches because they are co-equal.But the possibility Constitution that maintains the balance and
of one becoming more powerful than the other is not independence of the three powers of the government.
evoked. Ngano man?Because the powers are absolutely You will note that in a presidential system of
assigned to them. That making the laws, exclusive to government, it is the most adversarial and stressful form
Congress. What is Congress passes a law that is contrary of government. Among the 3 branches, they always
to the Constitution? Who would check Congress if the check on each other, they’re always suspicious of each

other’s motives on the possibility that the other branch an ordinance on prohibiting gambling in certain
may be usurping the functions of the other or intruding municipalities valid? • No. Example was a case in
or overreaching the exercise of their prerogative. Cagayan de Oro wherein their local government
Differences Presidential Parliamentary Three branches prohibits the operations of casinos. Ordinance was
of the government that are co-equal: Executive, deemed unconstitutional because PAGCOR (Philippine
Legislative and Judiciary Fusion of two powers usually Amusement and Gaming Corporation, a government-
executive and legislative; dominance of the members of owned and controlled corporation established through
Parliament President directly elected by the people the Presidential) is created by law that allows the
Prime Minister is chosen by the parliament and operation of these casinos. Bottomline, local
parliament members are chosen directly by the people government cannot pass a law that is contrary to
President has a fixed term of office Prime Minister has existing national laws passed by Congress. Unlike the
indefinite terms of office Congress cannot oust the federal system of government, local and national
President Prime Minister stays as long as he holds the government can pass their laws independently. Example
trust and confidence of the members of the Parliament. is the government of the United States of America. If
The moment the Parliament expresses no confidence to you passed the bar in one state, it doesn’t follow that
the Prime Minister then he can be removed through the you can practice law in another state. In some states,
vote of ‘No Confidence’. President cannot dissolve taxes are high meanwhile on other states, taxes are low.
Congress much less remove any of its members Prime Their only limitation is not to pass a law that is contrary
Minister is given such power to dissolve the Parliament to the Constitution. As of now, we do not have an
should they can’t agree on certain issues. Relationship independent local government, not even Bangsamoro
between national and local government Counterparts juridical entity. The only way to implement the
National Local Executive: President Executive: Governors Bangsamoro Juridical Entity to be independent from the
in provinces, Mayors in Cities/Municipalities, Brgy national government is to adopt a federal system of
Captains in barangays Legislative: Congress Legislative: government. For now, the Bangsamoro Government can
Region Assembly, Sangguniang Panlalawigan in the only be created in theory as an autonomous region just
provinces, Sangguniang Panlungsod in the cities, like the ARMM, although it is declaring its
Sangguniang Panbayan in the municipalities and independence from the National Government in
Sangguniang Panbarangay in barangays Judiciary: asserting their identity and the right to self-
Supreme Court Judiciary: Municipal Trial Court, Regional determination. As long the 1987 Constitution exist,
Trial Court, etc. Philippines has a unitary type of where this is no amendment or revision to adopt a
government wherein all powers are concentrated in the federal system of government, we do not recognize any
national government leaving local government sub-state within a State. There is only one state, the
dependent on the national government. The national Republic of the Philippines. BJE will only be autonomous
government does not transfer SYSTEMReviewer by: and not independent from the State. There are other
Lorebeth L. España Consti I |Judge Stella Alma Singko 34 forms of government according to legitimacy. These
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na differences of governments find a significance only
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE when there are 2 governments existing at the same time
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem because if there is only one government, there is no
(2018) the power to the local government. There may point in making decision. There can only be one
be autonomy but there is no decentralization of powers. legitimate government. If there are 2 governments
What is decentralized is merely the administration of existing at the same time then one of which must be a
their affairs, in other words, division of labor. In the de facto government (established against the rightful
matters of making laws, local government can’t passed authority without the consent of the people). De jure
laws in contrary to national laws passed by Congress. Is government is a government that has the support of the

people, or at least the majority of the people. It was What may have started as a de facto may graduate into
established with the consent of the people or at least being a legitimate (de jure) government. • This gov’t
with the consent of the rightful authority. A de facto had the support of the people who participated in the
government is the exact opposite of de jure EDSA revolution. It was then recognized by the national
government. It only exist in fact but not in law because community as the legitimate government. • This was
it does not have the support of the people and it does manifested subsequently by the ratification of the 1987
not have the consent of the rightful authority. There are Constitution by the people, so that the government of
3 kinds of de facto government: 1. Government that Cory this time is not just based under the freedom
usurp the power of on existing legitimate government constitution, a revolutionary government, but under the
by force or by voice of majority and maintaining itself 1987 Constitution which embodied the will of the
against that government. Ex. A military junta people because they are the ones who ratified it. The
government trying to overthrow an established Cory gov’t continued to exist with the consent of the
government which leads to having 2 governments: (1) people and thereafter there was an election to confirm,
the incumbent government administration and (2) a elections of gov’t officials in accordance with the
government that is run by a military junta. Ex. After a Constitution. There was then no doubt that the
coup d’etat a revolutionary government is established government of Cory became de jure and not a de facto
against an existing legitimate government. Bottom line government. 2. Government that is established by the
to consider it is a de facto is “maintaining itself against inhabitants of a territory to rise an insurrection against
an existing established government.” • If there is no the colonizers. Ex. The 1st Philippine Republic of
existing government that the de facto government or Aguinaldo, however was short-lived. Practically it was de
the other government that usurped the power of the facto. Because the government declared independence
government then there can only be that government from Spain June 12, 1898. However, it was not
and there is no need to make a distinction whether if it recognized by the international community so it died a
is de jure or it is de facto. SYSTEMReviewer by: Lorebeth natural death after a month. 3. Government that is
L. España Consti I |Judge Stella Alma Singko 35 | P a g e established by paramount force where the victors of the
Ngayon ka pa ba susuko, kung kailan malayo na ang war established a government in a defeated or subdued
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY territory against a rightful authority. It is a belligerent
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018) government because it is against a rightful authority. Ex.
Who was the duly elected president and vice-president During the Japanese occupation, there were 2
of the 1973 Constitution? • It was Marcos and governments at the same time: (1) the Commonwealth
Tolentino. They were the legitimate president and vice- and (2) the 2nd Philippine Republic. The Commonwealth
president under the 1973 Constitution premised on was established with the consent of the US, who had
having won the elections in 1986. Basing it in the 1973 the rightful authority, not the Filipino people, because
Constitution, Cory did not win the elections. The people the Filipinos were not yet independent. Q: How do you
instead directly seized the power from the Marcos know if it was with the consent of the US? A: It is with
Administration and installed Cory to be the President. the consent of the USA because, as established by the
Was there the Marcos gov’t that the Cory basis of the 1935 Constitution, which was drafted in
Administration is maintaining against? • Considering accordance with the Tydings McDuffie Law which, was
that the Marcoses fled to Hawaii, there was no Marcos passed by Congress under the Treaty of Paris, was given
Government that was left that the Cory Administration that power to determine the Civil and Political status of
is maintaining against. Therefore, you cannot consider the inhabitants and the Philippine Islands. So that was
the Cory government as a de facto. Even if it was then the de jure government. On the other hand, the
revolutionary, people took away the power from an 2nd Philippine Republic that was headed by President
abusive government and installed Cory as the President. Laurel was established by the Japanese Imperial Army. It

was sponsored and controlled by the Japanese military. political laws are not automatically abrogated. They are
This is the reason why the government is sometimes merely suspended. However, nonpolitical laws like civil
known as the Banana Republic because it was under the laws or penal laws, already passed by the
control of the Japanese Military. Q: How do you classify commonwealth government, they remain good and
its existence as a form of government considering that valid unless they are repealed by the 2nd Philippine
there was already the Commonwealth government with republic. The debt in Commonwealth government is still
the consent of the rightful authority? • The government a debt in the Japanese government unless the laws
under the 2 nd Philippines Republic cannot be ignored governing the debt is repealed by the 2nd Philippine
because they are the ones controlling the affairs of the Republic. When there is no change of sovereignty,
island. They have controlled major provinces of the political laws are merely suspended. If there is a change
island. They have directly expressing the powers of the of sovereignty then political laws are automatically
government but they don’t have any legitimacy. They abrogated. Spanish laws governing the inhabitants of
only existed in fact but not law. On the other hand, the the Philippine Islands upon the transfer of the
Commonwealth Government existed in law but not in sovereignty to the US were automatically abrogated.
fact because it cannot directly exercise the powers due They then ceased to be the rulers in the Philippine
to the presence of the Japanese in the islands. The Islands. But the Código de Penal remains valid and
government sponsored by the Japanese was established binding even with the transfer of sovereignty. Some of
by paramount force, it was belligerent because it was these laws are being adopted to our present penal laws.
against the rightful authority. SYSTEMReviewer by: Q: What happens to the laws passed by the 2nd
Lorebeth L. España Consti I |Judge Stella Alma Singko 36 Philippine republic? Are they still good and valid even
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na with the assumption of the Commonwealth
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE government? Can you make a distinction? A: Political
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem laws passed by the 2nd Philippine Republic are
(2018) Q: Since the people were caught in a crossfire, automatically abrogated, abolished upon liberation. But
which laws should the people obey? Would it be laws of for Non-Political Laws: Municipal Laws consisting of Civil
Congress and the Commonwealth or laws of the Laws, Commercial Laws, Penal Laws, they remain good
Philippine Republic? Are Filipinos that time still bound and valid and therefore binding, unless they are
to follow the 1935 Constitution or they are subject to repealed by the Commonwealth Government. ➢ Non-
the laws of the Japanese sponsored government? Political Laws are laws governing the private. Even if it is
During this period there were obligations governed by an ordinary non-political decision or laws that has been
laws, like contract of loans, or any other kinds of violated, during the Japanese occupation, when tainted
obligation and there has been an adjudication already with political complexion, then like any political law it is
rendered based on the common laws of the automatically abrogated. Citizenship as defined is
Commonwealth as regards to the rights and obligations political, and as a citizen of the country, the Filipinos
of the parties to that contract. The laws passed by the owe allegiance to the US, because Filipinos are not yet
Commonwealth that are political in nature. Q: What are independent from them that time, to the
laws that are political in nature? A: Laws that define Commonwealth government. Political laws are
relationship between the government and the governed suspended for as long as the Japanese were still in the
or that law that has something to do with the island. An exception to that, even if it is political, owing
government or anything pertaining to the government is allegiance to the commonwealth government is
a political law. The 1935 Constitution is a political law. Q: permanent and it cannot be suspended. Q: What if the
What will happen to laws that are political? Will it be government is established by terrorism? A: It is a de
abrogated or abolished? Ex. There was no transfer of facto govt. if there is a legitimate govt. that it is
sovereignty from the USA to the Japanese so these maintaining against. If a govt. is established by

terrorism, it can only be considered as a criminal act or super rich in the country. • Constitutional Government-
terrorism. The govt. established by terrorism cannot be based upon the constitution. Manner of transferring
recognized by any govt. nationally or internationally. The powers: 1. Elective- powers are transferred after the
govt. shall not be held liable for any acts resulting from expiration of a term of office to the next successor if
terrorism. Example: The NPA have their own govt. & they are chosen through an election (either direct or
courts. They have been declared as terrorist not a rebel indirect). Direct- exercised here in the Philippines.
group. If they were recognized as a rebel group, they Indirect Election- done through an electoral college. 2.
will be considered as a belligerent group and their govt. Hereditary- when powers are transferred by one
may be recognized by international standard. Their acts generation to another. Powers are inherited by the
will be considered as a rebellion against an established successors. Example: The Monarchy in Great Britain
government. Note: In establishing a de facto FUNCTIONS OF THE GOVERNMENT CONSTITUENT OR
government, it has to have control at least on major GOVERNMENTAL a compulsory function of government
cities and provinces effectively controlling the State. The that is something to do with the legislative, executive,
NPA on the other hand, have no control over major legislative powers. The very bind of the society which
cities and provinces. SYSTEMReviewer by: Lorebeth L. the government is deal with executive functions are:
España Consti I |Judge Stella Alma Singko 37 | P a g e -keeping of peace and other in the society -providing
Ngayon ka pa ba susuko, kung kailan malayo na ang protections to the people against violence or robbery of
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY the properties. legislative functions (by passing the law)
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018) -defining legal function between husband and wife or
Arroyo’s Presidency was not about de jure or de facto between children and parents -defining those acts
government. There was a declaration by the SC that considered as crimes and provides for the penalty (pass
Estrada resigned. Under the Constitution, it is automatic penal laws) judiciary function -determine what are the
that if there is a vacancy, the vice-president shall rights and obligations of the parties under the contract
succeed to the presidency. Therefore there’s no -insured the administration of justice. MINISTRANT OR
question that the administration was de jure. Q: What is PROPRIETARY promote public welfare which is optional.
the difference between a Civilian Government and a Function undertaken by the corporations. To promote
Military Government? A: A Civilian Government is a charity, public works or provide for public services which
govt. run by civilians not by the members of the Armed other private companies may also performed.
Forces. Q: How about during the Martial Law? A: It is a Government also engaged in a business example
Civilian Government. The civilian authority was assisted Eduction (obligation of the government to provide for
by the military to enforce the laws to make sure peace free) - state university, operated by the government
and order be restored. Q: What is a Military performed proprietary functions. Insurance (those who
Government? A: Involves two states. One is the victor are less in life) private insurance company cost
state while the other is the defeated state or the expensive premium while there are low premium— SSS
subdued territory. The government established by the and GSIS engaged in business. before: Government have
victor state on the defeated state is considered as a a choice whether to provide for that kind of services or
military government. Example: Spain lost to the U.S. and not under 1987 constitution it has been changed.
the treaty of Paris was signed and executed. The SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
Philippines during that time experienced a military Stella Alma Singko 38 | P a g e Ngayon ka pa ba susuko,
government. Other forms of Government: • kung kailan malayo na ang narating mo? LABAN LANG.
Bureaucratic System of Government- this govt. consists FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
of different agencies, subdivisions, and instrumentalities Singco |S.Y. 1st sem (2018) now: government is
of the govt. where you have to pass from one mandated to promote social justice, improved the
branch/office to the other. Usually controlled by the standard of living of those less in life and protect labor.

distinction between the governmental and proprietary and ask to be appointed as the guardian of the minor’s
becomes blurred and both are obligatory in order to live property. S.C decided with standing the last will of
in a decent life in terms SUABILITY — governmental testament in favor of the mother because S.C acting as
functions are immune from suits proprietary functions paren patriae and convinced that the mother compared
are suable STATUTES OF LIMITATION in terms of time, to the uncle is more competent to protect the interest
time does not run from the government because they of the child and promote what is bet for the child.
are sovereign unlike proprietary functions applies and purpose of protecting the interest those who cannot
suable against them — government performed ordinarily protect themselves without the state
governmental function cannot sue the states — intervention. IMMUNITY OF THE STATE FROM SUITS
agencies of the government performing proprietary State sovereign is cannot be sue without its consent. it is
functions are suable example: occupying a land owned known as the “Royal Prerogative of Dishonesty” on the
by the government in a sovereign capacity, will never part of the state. In view of invocation of immunity from
acquired the land even how long you stayed including suit is not allowed to prove that thing against the state
the occupancy in the premises because time has never because state can never be do wrong to any person
to run against the government. If it where a property then there is no basis to sue the states. why should the
owned by the state in describing a capacity or state made a law that allow you to sue it? statue is
proprietary like in property of GSIS, continueosly, stupid:)) enough to allow any preson to sue it for
adversely, openly against GSIS after 30 years will owned damages. state would be busy it making suits instead a
the property under the acquisitive prescription. when ruling its job. how would you know that an action is
government performing a governmental function sue against the state? court should dismiss it out without
individual is it subject to filling fees and court fee? - NO, waiting to motion to dismiss or waive until a motion to
because it is sovereign . but if the entity is performing a dismiss is filed by the Solicitor General.
proprietary function it is subject for fees and other court SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
fees. example. GSIS against _____ . if GSIS did not pay Stella Alma Singko 39 | P a g e Ngayon ka pa ba susuko,
would act prosper? NO. because GSIS in not performing kung kailan malayo na ang narating mo? LABAN LANG.
governmental functions and therefore should pay the FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
fees, failure to pay the filling fees it may cause the Singco |S.Y. 1st sem (2018) Writ of execution Q: will this
dismissal of its complaint Filing a complaint for damage kind of procedure apply to the government where the
against the private entity subject to pay filling fees will it plaintiff has proven its claim against the state on the
prosper? YES, because it is performing governmental assumption that consent was given to sue the state?
function. PARENS PATRIAE government acts as a Can you ask for a writ of execution? Always remember
protector and the guardian of those who cannot protect that these payments are not private funds hence you
themselves: under disability due to age, gender, due to cannot ask for a writ of execution. The proceeding from
some disability those are mentally challenge and a suit against the state will only be until revision of
physically challenge. CASE: CABANAS v. PILAPIL, 58 SCRA judgment even if it has become final and executory.
94 -case about the illegitimate child and the father died Because it needs to request for approval/consent from
with insurance and stated in his last will of testament all congress to allocate appropriate funds for the payment
property will go to the minor illegitimate child and made of award that was issued by court. And because of this,
his brother as the executor. under the existing laws we cannot relate it to private cases because there is the
“wish of the deceased” have to be rejected because it presumption that the state is insolvent. All money
must to be complied with but it was contested by the deposited in the bank by the government are all
mother of minor saying she has the better stand to EARMARKED, hence the due process for request. -What
protect her child, uncle is just the collateral relative. is the remedy then? Money claims – ask COA, ask for a
mother of the child went to the courts and to stiff relief clearance. If there’s no money ask the implementing

agency to give you a copy of the clearance (ex, DPWH) can only be given by Congress. Meaning, it is only
then the agency will submit to DBM. When the budget through a law that a consent may be given by the State
is prepared by the president, they will include the to let someone against the State. • The law that may be
remedy in their budget (ex. DPWH) “for the payment of passed by Congress could be a general or it could be a
a court order against DPWH” president will submit the special law. • The Supreme Court emphasizes that there
budget to congress for them to make a law for the should be giving of consent by the State can only be
authorization of the budget. • What about if it’s from done through legislation. Example: Department of
Local government? – Still need authority to disburse Agriculture entered into a contract with a private entity.
money. A request to the Sanggunian to pass a SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
supplemental budget. If they refuse, you can file a Stella Alma Singko 40 | P a g e Ngayon ka pa ba susuko,
mandamus case against Sanggunian to get authority to kung kailan malayo na ang narating mo? LABAN LANG.
disburse funds. Suability VS liability Even if there was a FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma
proven valid claim against the government it does not Singco |S.Y. 1st sem (2018) In their contract, they have
necessary follow that you can force the state to pay. agreed that in case of violation or breach, the party shall
Because you need consent of congress to disburse have recourse with each other. Meaning, should the
money. Q: if a parcel of land was confiscated by the government violates the contract, then, the other party
DPWH or by LGU for the relocation place for squatters, may sue the State that’s for the DA as it was agreed
there was already an appropriated amount for 1M but expressly in the contract. Question: Will that action now
the court says the property is worth 2M and judgment is prosper against the Department of Agriculture should
final. Can you execute the 1M that was appropriated? A: that be a violation of the contract by the DA? ➢ No
You don’t need a writ of execution. All you need is a because a contract is not a law. Even if it was expressly
court order to release the money. For the remaining stipulated by the parties. A contract is not a law. It may
balance, you still have to follow the process for approval be a source of obligation but definitely not a law. A law
of appropriation of funds. (Appropriation law from is something that is passed and enacted by the
congress) - Always remember that this immunity from Congress. Another case is during the time of Cory
suit is a consequence of the state being sovereign. If the Aquino where a father was shot by the Armed Forces of
state cannot be sued because it is sovereign the same the Philippines while they were holding a rally against
principle applies to foreign states which may be involved the administration where he is a member of farmers of
in cases/action in relation to the performance of its Hacienda Luisita. Many of those farmers died, if not,
governmental functions Ex. Vatican is a state, they were injured. • The President is compelled to make a
entered into a contract to sell, to buy a land to establish pronouncement that the investigation be conducted to
their official office in the Philippines. The contract who is responsible and those responsible be held
stipulates the full payment will be made only after all accountable. Do you understand? :D On the basis of
the squatters and structures are cleared for the those Presidential pronouncement, the family now of
construction of their building. However, the seller was those who died and got injured file a suit for civil
not able to comply and demanded the payment. They damages against the officers of AFP. The basis of being
were not paid. They sued Vatican. Q: will the case that is there was consent on the part of the State or a
prosper? Considering Vatican is a State and therefore waiver of immunity through the pronouncement of the
sovereign and immune from suit. A: you go by the President. Question: Is there contention? ➢ No because
nature of the contract, is it a business or governmental? there is no…. made by the highest civilian authority of
In this case it is governmental. Therefore the case will the State. The President is not a Congress. It has no
not prosper. Mentioned CASES: • DIZON vs UP • ARIGO immunity from suit. Still, it should be Congress and
vs SWIFT The giving of consent by the State expressly, Congress only to give that consent. Do you
take note that in the bar examination guys, that consent understand? :D Now then, let’s have some examples of

general laws where the State has given its consent to be government gives its consent to be sued. In this case,
sued. ➢ Commonwealth Act 327 ➢ P.D. 1445 was there a law where the State has given its consent to
otherwise known as “Auditing and Accounting Code of sued? ➢ Answer is yes. Because this is a money claim
the Philippines” There, the State has given its consent arising from a contract. What law should run? Thus, it
but with one condition: should your claim in the nature should be PD 1445. What is that condition before you
of money arising from a contract. The law states that can now sue the State? ➢ File your money claim first
before you file an action against the State, you must first COA. In this case, was there money claim filed with COA
file your claim in the Commission on Audit. Why? • prior to the filing of the case? ➢ There was none.
Because COA has the exclusive power to determine Because the State is immune from suit. Do you
whether the expenditure is reasonable and in understand? :D Another instances where under existing
accordance with law. • Because even then it is in laws, State has given its consent to be sued. Do you
accordance with the law, you don’t need to sue the remember the acts of special agent. As long as it is an
government because COA itself will order the act of special agent, the State has given its consent to be
government to pay. • But in the event it is found to be sued under Article 2180 of the Civil Code. There is also a
irregular or anomalous, then of course, COA has to do provision under the Civil Code on courts “nga if mahog
its job by either suspending the expenditure or totally or ka sa manhole because it was not covered due to act of
entirely disallow. Once COA does that, now you will negligence of agency of government”, you have a
have a recourse to sue COA including the government. recourse against the government. R.A. 7160 insofar as
This time to refer to Supreme Court a petition for Government Code is concerned, the LGUs are suable
certiorari. This was just in the last bar exam: the PNP whether they are exercising governmental or
entered into a contract with a supplier for a raincoat. proprietary functions. It would give anyone the consent
Now then, it has been agreed that in the case of breach to sue the LGU. Example: Merritt vs. Government of the
of contract, the action or the suit should be filed in Philippine Islands. In this case, the guy was riding on his
Manila where the supplies. Now then, the PNP after all motorcycle but was bumped by an ambulance owned by
receiving the raincoats and after lapse of period and the Veterans hospital. He filed a complaint for damages
became due, did not pay the supplier. So naturally, the against the hospital but was dismissed because it is
supplier was compelled to file a collection of sum of immune from suit. He asked an authority from Congress
money. Instead of filing it in Manila, the supplier filed to let him prove his claim and was granted by way of
the case in the RTC Cebu. Question: Will the action special law authorizing him to sue the State. On express
prosper against the PNP? ➢ It will not prosper because giving of consent, there is no problem regarding on that
the case is filed in the wrong venue. It should have been because it can easily determine. The problem in the bar
filed in Manila. That is a rule of procedure. Why would exam questions would normally ask on acts of
you not wonder why a rule of procedure is being asked government where government would have impliedly
in political law not in remedial law? ➢ That is in giving its consent to be sued. For instances:
remedial law, it is not applied because this is a political EXEMPTIONS 1.When the government commences the
law subject that you are being SYSTEMReviewer by: filing of a complaint against a private individual or
Lorebeth L. España Consti I |Judge Stella Alma Singko 41 initiates the filing of the government against the private
| P a g e Ngayon ka pa ba susuko, kung kailan malayo na individual or even any ordinary individual, the
ang narating mo? LABAN LANG. FOR EH 308 (LLB) USE defendant that you are suing may also file a counter
ONLY Consti I | Judge Estela Alma Singco |S.Y. 1st sem claim against you. ➢ In another words, when the State
(2018) asked. It must have something to do with a initiates the filing of complaint for affirmative relief, the
political principle PNP generally is government. Is it government has opened itself to a counter claim suit.
suable or not? It is not. It is an unincorporated agency. Example: It is the function of the PCGG to recover the
As a rule, it is not suable. Exception: Unless the illgotten wealth of Marcoses. ➢ They suspected that

the corporations owned by the Benedictus are actually prosper? ➢ Supreme Court said that the government is
owned by the Marcoses. So, they sequestered the still immune from suit. The purpose of initiation for
shares of stocks of the corporations. They were filing of complaint by the government is to resist the
contesting on who were actually the owner of the claim against it or to protect interest of the subject of
corporations. It went to the Supreme Court and the litigation. Which in this case, the State has not waived
Court ruled that the corporations are actually owned by its immunity against a suit. 2. When the State engages
the Benedictus and not by the Marcoses. Because of the purely in business. ➢ If the business of the government
superstition, the Benedictus suffered damages because is merely incidental to performance of governmental
the PCGG took over. What did the Benedictus do after function, then definitely the State is still immune from
the dismissal of the complaint against them? ➢ Now, suit. Example: Bureau of Customs engages in arrastre
they invoke the immunity from the suit because the business. ➢ It is still immune from suit because it is
office is an unincorporated agency and thus not immune incidental as to their operations. Not unlike kung
from suit. By initiating the filing of complaint for magtukod ug barbershop ang PNP, nothing to do with
affirmative relief, the State is considered to waive its maintaining peace and order, the State is considered to
immunity from suit. SYSTEMReviewer by: Lorebeth L. waive its immunity from suit. Case of Camp John Hay
España Consti I |Judge Stella Alma Singko 42 | P a g e They have restaurant, now a hotel, so that the military
Ngayon ka pa ba susuko, kung kailan malayo na ang men can have R n R after coming back to the Philippines
narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY after wherever they were assigned. Now, naka kontra
Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018) siguro to nila ang chef sa restaurant, gi ihian ang soup of
Affirmative relief is when you are asking for positive one of the customer. It was discovered and the person
relief for the recovery of ill-gotten wealth. It could be in sued Camp John Hay, military facility owned by the US,
terms of money or property. Another case: Juan for damages. Of course, the Court said na “kining Camp
borrowed money from the bank. He used his vessel as a John Hay is not incidental to any of its performance of
collateral as guarantee for his payment. Juan, however, governmental function which is a military function.
failed to pay. So what did the bank do? ➢ The bank is What eating has to do with protecting the sovereignty
processing the foreclosure of the vessel so that it would of the US?” Do you understand? Thus, it was allowed to
be sell in public auction and apply the proceeds to the sue the government of US. It is similar to a case where
loan. But before the bank could do that, now the an unincorporated agency but engages purely business,
government intervenes in the case as a complainant in definitely notwithstanding, the fact that it has separate
intervening or protecting their interest in the vessel that and distinct personality from the government of the
belongs to the government. ➢ Because of the Republic of the Philippines, but the act has impliedly
intervention complaint, the bank wasn’t able to given its consent to be sued. 3. When the government
foreclose the vessel because the case is still pending in enters into a purely commercial business contracts.
the court. Supreme court decided that the vessel Example: you will procure computers because the
actually belongs to Juan and not to the government. government is thinking of putting up an internet café.
When the bank already wanting to get the vessel and Do you understand that, guys? ➢ It has nothing to do
sell it in a public auction so that the proceeds be applied with performance of a governmental function. The
to the loan of Juan, they cannot find anymore the vessel contract is purely business and commercial which is
because it was lost. They have no way to get paid by making money. Thus, the State is suable. It is considered
Juan because the vessel is lost. Question: Can the bank the State waived its immunity from the suit.
run after the government? Because if it were not the SYSTEMReviewer by: Lorebeth L. España Consti I |Judge
complaint of Juan against the foreclosure, the bank Stella Alma Singko 43 | P a g e Ngayon ka pa ba susuko,
would have been paid. This is now the counter claim of kung kailan malayo na ang narating mo? LABAN LANG.
the bank against the government. Will the action FOR EH 308 (LLB) USE ONLY Consti I | Judge Estela Alma

Singco |S.Y. 1st sem (2018) Another example: Philippine money? ➢ No, you can’t because there is a process.
Information Agency, has its function of communicating Ordinarily, what is the procedure? Both parties involved
programs, projects and services of the government to is private---Once you win the case, you ask the
the public, to raise revenue entered into a contract with defendant to settle. “Bayari nalang gud ko so that I
ABS-CBN for the promotion of the fight of Pacquiao won’t compel you to pay.” But if the defendant doesn’t
against Mayweather in the Philippines. Do you give you anything, your remedy is to ask for the court a
understand? Okay? Now, the fight has already been motion for execution of a judgment. The court will now
done yet the ABS-CBN has not been paid. Question: Can issue to the sheriff a writ to implement the execution.
ABS-CBN sue the unincorporated agency, PIA? ➢ Yes. What is the implication of enforcement of writ of
Because the contract entered is purely commercial execution? ➢ The sheriff will now look for properties of
business. Do you understand? 4. Finally, in the defendant. If he has personal properties, they can
appropriation where the owner of the property was not be attached by the sheriff and sell them in a public
paid with just compensation, then the property owner auction and proceeds of the sale will be paid to the
can sue the government or the State for payment of just award that was granted by the court. • Public bidding-
compensation for reason of equity and justice. The anyone can bid on those properties including the
Supreme Court was saying that eminent domain power plaintiff. If he has money in the bank, it would be
should not be used as a tool to oppress any property or attached and garnished. How would you know that the
owner that would cause injustice to the property owner. defendant has money in the bank? ➢ The sheriff will
Thus, those property owners who were not paid just send notices to the banks in the place where the person
compensation may sue the State. Do you understand? is residing or anywhere in SYSTEMReviewer by: Lorebeth
The principle is when the government expropriates a L. España Consti I |Judge Stella Alma Singko 44 | P a g e
property, it is presumed that there has been Ngayon ka pa ba susuko, kung kailan malayo na ang
appropriation of public funds for the payment a just narating mo? LABAN LANG. FOR EH 308 (LLB) USE ONLY
compensation. ➢ So, when you sue the State, it would Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018)
not necessarily require anymore for the government to the Philippines not in the world. Do you understand? If
make an affirmative act for such appropriating fund he has money, it would be kept for the plaintiff. “Ig
because there is already an appropriation of the funds. frozen na imong mga account kay kini nga kwarta ig
Only of the funds that have been appropriated by the bayad sa utang nimo sa plaintiff”. Do you understand
Congress may not be sufficient to fully pay the just that, guys? ➢ If the sheriff finds a real property this
compensation. Because after all, it is not Congress that time, then they will be attached. How would the sheriff
determine just compensation. It is the court that know that the defendant owns those lands? ➢ He
decides. ➢ So, it is only possible that the court may would go to the assessor’s office or registry office and
award a higher price of just compensation than the ask there if there is a title in the name of the defendant.
amount that was already set aside for the payment of Then, he will notify the registry of deeds that he will be
just compensation by Congress. Do you understand? going to allocate the titles and sell it to public auction
Thus, precisely you can sue the State for payment of just and the proceeds will
compensation even if it is not clear that the consent has
been given. Do you understand? Any problems,
questions and clarifications relating to that? Alright.
Now then, finally, once you have proven your claim,
what to do next? Then, the court would render
judgment in your favor. The government now making an
order to pay to compensate you. Once the judgment
now becomes final, can you immediately get the

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POLITICAL LAW the functionaries and consequently established the

agencies. These functionaries are the one who

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