I.

FUNDAMENTALS IN PHILCON three branches remain subordinate to the

Constitution.
a. Meaning
• Constitution embodies the certain rights,
• Constitution is the written instrument obligations, especially of the government.
enacted by direct action of the people by
which the fundamental powers of the • • There was a Freedom Constitution
government are established, limited and before the ratification of the 1987, where
defined, and by which those powers are all power from executive to legislative
distributed among the several existed and were bestowed, which was
departments for their safe and useful returned soon with additional civil
exercise for the benefit of the body politics liberties or citizens.
(Justice Malcolm, on the 1987
Constitution). ➢ Flaws
• A system of fundamental laws for the
governance and administration of a • What has made the present Constitution
nation. All other laws must conform and excessively long is the inclusion therein of
in accordance with which all private provisions that should have been
rights must be determined and all public embodied only in implementing statutes
authority administered. to be enacted by the legislature pursuant
• It defines a country’s innate to the basic constitutional principles. The
characteristics and sovereignty, outlining most notable flaw of the new charter is its
the rights and responsibilities of its verbosity and consequent prolixity that
citizens. Ideally, it guarantees basic have dampened popular interest in what
human rights of the people, defines the should be the common concern of the
system of governance, the legislative, whole nation. The sheer length of the
executive and judicial branches, and document has deterred people from
obligations and duties of each element of reading it, much less trying to understand
government. its contents and motivations. It would
• It is the charter creating the government. seem that every one of the members of the
It speaks for the entire people and in full Constitutional Commission wanted to put
authority. It is binding on all individual in his two centavos worth and
citizens and all organs of the government unfortunately succeeded, thereby
for it is the law to which all other laws ballooning the Constitution to unseemly
must conform and in accordance with dimensions. In some portions, it sounds
which all private rights must be like a political speech rather than a
determined and all public authority formal document stating only basic
administered. It is the test of the legality precepts.
of all governmental action.
• It must be stressed that when it comes to b. Nature/Purpose
certain basic individual rights, such as
• An instrument with the status of a
religious freedom, it is not the
supreme law
Constitution that creates or confers them.
• An instrument of permanent nature
It doesn’t create basic rights, it merely
• An instrument establishing certain basic
recognizes and protects these rights and
principles of government and
does not bring them into existence. It is
safeguarding fundamental rights
not “the origin of private rights; the
• An instrument designed primarily to
fountain of law nor the incipient state of
promote the common good and protect
government; it is not the cause but the
human rights
consequence of personal and political
• To prescribe the permanent framework of
freedom.
a system of government
• It divided power among three separate
• To assign to the several departments their
co-equal and independent branches of
respective powers and duties
government: the Legislative Branch
(which makes the law), the Executive c. Classifications
Branch (which enforces the law) and the
Judicial Branch (which interprets the law). • Written or unwritten – is when precepts
In exercising their respective powers, all are embodied in one document or set of
documents. An unwritten constitution, on
 the other hand, consists of rules which used against the
have not been integrated into a single, government, but not
concrete form. These rules may include against fellow private
statutes of a fundamental character, person too.
judicial decisions, customs and traditions, ■ Government –
and certain common law principles. encapsulates Article VI-XI,
• Conventional or cumulative – a concerning the structure,
conventional constitution is an enacted power, and officers.
constitution, formally “struck off at a ■ Sovereignty –
definite time and place following a encapsulates Article XVII.
conscious effort taken by a constituent It includes the ways to
body whereas cumulative, it is the result amend or revise the
of political evolution “not inaugurated at Constitution, which can
any specific time but changing by accretion only be repealed (changed)
rather than by any systematic method.” by the framers (who made
• Rigid or flexible - one that can be it).
amended only by a formal and usually
difficult process whereas a flexible d. Principles of Constitution
constitution is one that can be changed Interpretation/Construction
by ordinary legislation.
• The Constitution of the Philippines is • The fundamental principle in
written, conventional and rigid. constitutional construction however is
that the primary source from which to
➢ Requisites of a Good Written ascertain constitutional intent or
Constitution purpose is the language of the
- As to form: provision itself. The presumption is
• Broad – it must be that the words in which the
comprehensive to provide constitutional provisions are couched
for every contingency express the objective sought to be
• Brief – it must confine attained. Only when the meaning of
itself to basic principles to the words used is unclear and
be implemented with equivocal should resort be made to
legislative details more extraneous aids of construction and
adjustable to change interpretation, such as the
• Definite – to prevent proceedings of the Constitutional
ambiguity which could Commission or Convention to shed
result in confusion and light on and ascertain the true intent
divisiveness among the or purpose of the provision being
people construed.
- As to contents/parts The
Constitution has three • Verba legis non est recedendum – the
parts: Constitution must be interpreted in plain
× written, promulgated, and and simple meaning except if there are
approved by sovereign technical words (applied without
Filipino people attempted interpretation).
• Ratio legis est anima – the interpretation
■ Liberty – includes of the Constitution must be in the
fundamental rights, which intention of its framers.
is the Bill of Rights (Article • Ut magis valeat quam pereat – the
III). It refers to a set of Constitution is interpreted as a whole.
provisions that contains The goal is to ensure that laws and legal
the civil and political rights instruments serve their intended
(legal entitlement to purposes and that they are not nullified
participate on running the due to overly restrictive or narrow
affairs of the government) interpretations, emphasizing the
of a private individuals. It importance of interpreting laws in a
is something that the manner that upholds their practicality
government cannot and usefulness, promoting the rule of law,
interfere with. It can be fairness, justice, and flexibility.
 blessings of independence and
➢ Tests in determining the change in democracy under the rule of law
the Constitution: and a regime of truth, justice,
- Qualitative – examines the freedom, love, equality, and peace,
change of the Constitution. do ordain and promulgate this
- Quantitative – how many Constitution.
provision of the
Constitution are being • Filipinos felt that the use of the more
affected without looking to intimate first person would deepen the
the magnitude of the sense of involvement and participation of
change. the individual citizens in the ordaining
and promulgation of the Constitution,
e. Self-Executing & Non-Expecting which is supposed to be their common
Provisions handiwork.
• Explains: what, why, and who created the
• A provision which lays down a general Constitution. In this case, it is the
principle, such as those found in Art. II of sovereign Filipino people (makers). It is
the 1987 Constitution, is usually not not a source of rights, as the rights are
self-executing. But a provision which is scattered in Article I to XVIII. The purpose
complete in itself and becomes operative is laid down on the rest of the paragraph.
without the aid of supplementary or It is useful as an aid in the construction
enabling legislation, or that which and interpretation of the text of the
supplies sufficient rule by means of which Constitution.
the right it grants may be enjoyed or • The change from “Divine Providence”
protected, is self-executing. (1935 & 1973), to “Almighty God” can be
• The nature and extent of the right implied to be indicative to the affirmation
conferred and the liability imposed are of SC on describing the nation as
fixed by the constitution itself, so that “Christian”, to the dismay of the non-
they can be determined by an believers. Inconsistencies can be found
examination and construction of its with the policy of separation of church and
terms, and there is no language indicating state where the phrase somehow lessens
that the subject is referred to the the significance of the provisions, further
legislature for action. weakening the clause. Benevolent
• Unless it is expressly provided that a neutrality approach, “gives room for
legislative act is necessary to enforce a accommodation of religious exercises as
constitutional mandate, the presumption required by the Free Exercise Clause” and
now is that all provisions of the “for accommodation of morality based on
constitution are self-executing. In case of religion, provided it does not offend
doubt, the Constitution should be compelling state interests”. It also features
considered self-executing rather than non- the word and thought “love” which many
self-executing. believe to be inappropriate in formally
• Self-executing contains a mandatory, dispensing justice.
positive command which is complete in
itself and which needs no further g. Effectivity of the Constitution
guidelines or implementing laws or rules
for its enforcement, not requiring any ➢ Govern far into the indefinite
legislation to put it in operation. It is per future
sé judicially enforceable. ➢ Have an indefinite life
➢ Adapted to changing conditions
f. Preamble
• Effectivity took in February 2, 1987 from
➢ We, the sovereign Filipino people, the Constitutional Convention. This
imploring the aid of Almighty God, happened due the Marcos family being
in order to build a just and humane ousted by the People Power, with Cory
society, and establish a Aquino becoming the newly installed
Government that shall embody our President.
ideals and aspirations, promote the
common good, conserve and • The advantage of written, conventional
develop our patrimony, and secure and rigid constitution permanence or its
to ourselves and our posterity, the capacity to resist capricious change
 dictated not by legitimate needs. “A × Article XVII provides that the Constitution may
constitution must be firm and immovable, be changed either by amendment or revision.
like a mountain amidst the strife of storms
or a rock in the ocean amidst the raging of • Amendment refers to isolated or
the waves.” Such a constitution is not piecemeal change only, as distinguished
likely to be easily tampered with to suit from revision, which is a revamp or
political expediency, personal ambitions rewriting of the whole instrument.
or ill-advised agitation for change. • Two steps are involved in the amendment
• However, written constitution is unable to or revision of the Constitution. The first is
adjust to the genuine need for change the proposal and the second is the
brought about by new conditions and ratification.
circumstances. The difficulty itself of the • “People’s Initiative” can also be initiated,
amending process may be responsible for where citizens directly propose minor
delay and thus cause irreparable injury to amendments to the Constitution through
the public interest. It becomes an a signature petition.
impediment rather than a spur to • Proposal is usually made either directly
progress, to the nation seeking to liberate by the Congress or by a constitutional
itself from the shackles of obsolete rules convention. A special case is provided for
no longer conformable to their needs and where the proposal may be made directly
aspirations. Where this happens, the by the people through initiative. It should
people may have to resort to a violation of be noted that through the method of
the provisions of the permanent initiative, the people may propose only
constitution; and if they cannot make a amendments and not a revision. Where
new constitution, they will have to make a what is intended is a mere amendment or
revolution. change of particular provisions only, the
proposal is better made by direct
h. Status of Prior Laws & legislative action. In this case the vote of
International Agreements at least three-fourths of all the members of
(Article 18, Section 3) the Congress shall be needed.
• Ratification involves the people
➢ (Transitory Provisions) Section 3. themselves in the sovereign act of drafting
All existing laws, decrees, or altering the fundamental law. In the
executive orders, proclamations, case of a mere statute, it suffices that it is
letters of instructions, and other enacted by their chosen representatives
executive issuances not pursuant to their mandate. But where it is
inconsistent with this Constitution the Constitution that is being framed or
shall remain operative until amended, it is imperative and proper that
amended, repealed, or revoked. approval come directly from the people
➢ Section 4. All existing treaties or themselves. Proposals to amend the
international agreements which Constitution must be ratified within a
have not been ratified shall not be reasonable time after they are made
renewed or extended without the because they are intended to answer
concurrence of at least two-thirds of present needs or correct current
all the Members of the Senate. problems. If they are accepted only after a
long delay, they may no longer serve the
• All laws existing at the time of the ratification of
purposes for which they were made in the
the new Constitution shall remain in force unless
first place. Moreover, proposals should be
they are inconsistent with the new charter or are
voted upon at a time when interest in
changed by the legislature or the President. The
them is still rife and the electorate is still
rule for treaties is that if they have not been
knowledgeable on the pros and cons of
ratified before, they shall not be
renewed/extended without the concurrence of the the issues submitted to them.
Senate, the implication being that if they had in • To ensure the needed careful study of the
fact been ratified, they can then be proposed amendments, it is now required
extended/renewed without such concurrence. that the plebiscite be held not earlier than
This conflicts with the general requirement for sixty days nor later than ninety days after
the approval of such proposal.
Senate concurrence to treaties before they can
become/continue to be effective.

i. Amendment and Revision II. ARTICLE I: National Territory

 × The national territory comprises the in pursuit of the general goals announced in the
Philippine archipelago, with all the islands Preamble.
and waters embraced therein, and all
other territories over which the Philippines a. Concept of State
has sovereignty or jurisdiction, consisting
of its terrestrial, fluvial and aerial • State is a community of persons,
domains, including its territorial sea, the permanently occupying a fixed territory,
seabed, the subsoil, the insular shelves, and possessed of an independent
and other submarine areas. The waters government organized for political ends to
around, between, and connecting the which the great body of inhabitants
islands of the archipelago, regardless of render habitual obedience.
their breadth and dimensions, form part of • Malcolm defines a nation as “a people
the internal waters of the Philippines. bound together by common attractions and
repulsions into a living organism
a. Philippine Archipelago possessed of a common pulse, a common
intelligence and inspiration, and destined
• This defines the national territory of apparently to have a common history and
the Philippines as the Philippine a common fate.” The term nation is used
Archipelago, with all islands and waters interchangeably with State. Hackworth
embraced therein, and all other territories observes that “the term nation, strictly
belonging to the Philippines by historic speaking, as evidenced by its etymology
right or title, including the territorial sea, (nasci, to be born), indicates a relation of
the airspace, the subsoil, the seabed, the birth/origin and implies a common race,
insular shelves and other submarine usually characterized by community of
areas over which the Philippines have language and customs.” The State is a
sovereignty or jurisdiction. Internal legal concept, while the nation is only a
waters are defined. racial/ethnic concept, indicating that
nation may comprise several states, or a
b. Archipelagic Doctrine single state to be made up of more than
one nation.
• It is a legal principle wherein an
• The State must also be distinguished
archipelago is to be regarded as a
from the government. The government is
single unit, such that the waters around,
only an element of the State. The State is
between, and connecting the islands of
the principal, the government its agent.
the archipelago, irrespective of their
The State itself is an abstraction; it is the
breadth and dimensions, form part of the
government that externalizes the State
internal waters of an archipelagic state,
and articulates its will.
and are subject to its exclusive
• The essential elements of a State are
sovereignty. This is reflected in Part IV of
people, territory, government and
the United Nations Convention on the Law
sovereignty. The accepted criteria for the
of the Sea (UNCLOS).
establishment of a State, namely, are: a
permanent population, a defined territory,
III. ARTICLE II: Declaration of Principles and a government, and a capacity to enter into
State Policies relations with other states. (1) People
refers simply to the inhabitants of the
× It commits to particular social, economic, State. The people are more comprehensive
political, and developmental goals. They take the and less cohesive than the nation.
form of judicially enforceable socio-political- Starting as a group of individuals
economic rights, directive principles and policies inhabiting the same territory, the people
that are politically binding on the government by may develop and share certain
way of commitment or intent. It is intended to lay characteristics and interests, such as a
down the rules underlying our system of common language, religion, and a set of
government and must therefore be adhered to in customs and traditions that will unite
the conduct of public affairs and the resolution of them into the more closely-knit entity
public issues. The present article is an known as the nation. While there is no
enlargement and, in some sections, a (modified legal requirement as to their number, it is
provisions found also in Article II, 1973 generally agreed that they must be
Constitution). The purpose is to emphasize the numerous enough to be self-sufficing and
objectives and limitations of governmental action to defend themselves and small enough to
 be easily administered and sustained; (2) against external powers) and the
Territory is the fixed portion of the ministrant (general interest of society
surface of the earth inhabited by the such as public works and regulation of
people of the State. As a practical trade and industry).
requirement only, it must be neither too
big as to be difficult to administer and b. Democratic vs. Republican State
defend nor too small as to be unable to (Sec. 1)
provide for the needs of the population.
The components of territory are the land ➢ Section 1. The Philippines is a
democratic and republican State.
mass (terrestrial domain), the inland and
Sovereignty resides in the people
external waters (maritime and fluvial
and all government authority
domain), and the air space above the land
emanates from them.
and waters (aerial domain); (3)
Government is the agency or
• A republic by definition is a form of
instrumentality through which the will of
government where governing the
the State is formulated, expressed and
country is a matter of public interest
realized.” From the viewpoint of
instead of the private concern of a
international law, no particular form of
ruling dynasty that inherits its
government is prescribed, provided only
political power from their ancestors
that the government is able to represent
(monarchs). People in power get there
the State in its dealings with other States.
through a system that is meant to
Our Constitution requires our government
include the interests of every citizen. A
to be democratic and republican. It has
democracy is a type of government
been said that “the State is an ideal
where all the citizens of the country
person, invisible, intangible, immutable
and existing only in contemplation of law; have a say in the governance of the
the government is an agent and, within the country — by voting to elect
sphere of its agency, it is a perfect representatives who have their best
representative, but outside of that it is a interests in mind. The Philippines hold
lawless usurpation.” The mandate of the elections held every six years
government from the State is to promote (democratic) to elect a President and
the welfare of the people. Whatever good representatives: the Congress and a
is done by the government is attributed to Senate (a republic).
the State but every harm inflicted on the • In democracy, laws are made
people is linked to the government alone; directly by the voting majority,
(4) Sovereignty is the supreme and leaving the rights of the minority
uncontrollable power inherent in a State largely unprotected. In a republic,
by which that State is governed.” There laws are made by representatives
are two kinds of sovereignty, legal and chosen by the people and must
political. Legal is the authority which has comply with a constitution that
the power to issue final commands; protects the rights of the minority
political is the power behind the legal from the will of the majority.
sovereign, or the sum of the influences • Republicanism means: the form of
that operate upon it. Sovereignty may also government must be presidential; the
be internal or external. Internal refers to representatives of the government are
the power of the State to control its elected by the people; sovereignty
domestic affairs. External, which is the resides in the elected representatives
power of the State to direct its relations of the government; the form of
with other States, is also known as government cannot be changed by the
people. It is run by and for the people;
independence. Sovereignty is
not a pure democracy where the people
permanent, exclusive, comprehensive,
govern themselves directly. The
absolute, indivisible, inalienable and
essence of republicanism is
imprescriptible.
representation and renovation, the
• The government performs two kinds of
selection by the citizenry who derive
functions, to wit, the constituent
their mandate from the people and act
(constitute the bond of society and
on their behalf, serving for a limited
compulsory such as keeping order, family,
period only, after which they are
property, contracts, punishment, justice,
replaced or retained at the option of
duties and privileges of citizens, and State
 their principal. It is a responsible the best interests of its citizens through
government whose officials hold and this system.
discharge their position as a public
trust and shall, according to the e. Blending of Powers
Constitution, “at all times be
• With the intricateness of the
accountable to the people they are
operations of government, it is unwise
sworn to serve. Its purpose is the
and impracticable to effect a strict and
promotion of the common welfare
according to the will of the people complete separation of powers. There
themselves. are instances when certain powers are
to be reposed in more than one
c. Separation of Powers department so they may better
collaborate with, and in the process
• Under the new Constitution, the check each other for the sake of a
judiciary, regarded as the weakest of good and efficient government. This
the three branches, has been sharing of powers of the different
considerably strengthened with the departments of government helps
conferment on it of additional and them coordinate with the other in the
important powers. In the case of the exercise of a particular power,
political departments, one will observe function or responsibility.
a lessening of the powers of the • The following are examples under
executive and a corresponding the 1987 Philippine Constitution
increase in the authority of the where powers are not confined
legislature. exclusively within one department
• It is intended to prevent a but are in fact shared: (1) The
concentration of authority in one President and Congress help one
person or group of persons that might another in the making of laws, C
lead to an irreversible error or abuse enacts the bill and the P approves it,
in its exercise to the detriment of our (2) P prepares a budget and C enacts
republican institutions. More an appropriation bill pursuant to that
specifically, according to Justice budget, (3) P enters into a treaty with
Laurel, the doctrine is intended to foreign countries and the Senate
secure action, prevent over action, ratifies, SC may declare a treaty,
and despotism as well as to obtain international or executive agreement,
efficiency. or law, as unconstitutional, and it has
• The principle of separation of also the power to declare invalid any
powers ordains that each of the three act done by the other departments of
great branches of government has government and; (4) the grant of
exclusive supremacy in matters falling amnesty by the P is subject to the
within its own field. Lack of concurrence of a majority of all the
independence would result in the members of the C.
inability of one branch of government
to check the arbitrary or self-interest f. Renunciation of War as an
assertions of another or others. Instrument of National Policy (Sec. 2)
• To achieve these purposes, the
legislature is generally limited to the ➢ The Philippines renounces war as
enactment of laws and may not an instrument of national policy,
enforce or apply them; the executive to adopts the generally accepted
the enforcement of laws and may not principles of international law as
enact or apply them; and the judiciary part of the law of the land and
to the application of laws and may not adheres to the policy of peace,
enact or enforce them. equality, justice, freedom,
cooperation, and amity with all
d. Checks and Balance nations.

• Mechanisms which distribute power • Every State bound by the generally

throughout a political system, accepted principles of international
preventing any one institution or law, which are considered to be
individual from exercising total automatically part of its own laws,
control. The government seeks to act in known as the doctrine of
 incorporation. SC has applied the rules grew from the procedure whereby
of international law in the decision of a international agreements are rendered
number of cases notwithstanding that operative in municipal law by the device
such rules had not been previously of ratification by the sovereign and the
converted to statutory enactments. idea has developed from this that any rule
• International law can become part of the of international law must be transformed,
sphere of domestic law either by or specifically adopted, to be valid within
transformation or incorporation. The the internal legal order.
transformation method requires that an
international law be transformed into a i. Civilian Supremacy Clause (Sec. 3)
domestic law through a constitutional
➢ Section 3. Civilian authority is, at
mechanism such as local legislation. The
all times, supreme over the
incorporation method applies when, by
military. The Armed Forces of the
mere constitutional declaration, Philippines is the protector of the
international law is deemed to have the people and the State. Its goal is to
force of domestic law. secure the sovereignty of the State
and the integrity of the national
territory.
1.1. Vote Required to Declare the
Existence of War (Article 6, Section 23)
• To avoid a military take-over of our
➢ Section 23. (1) The Congress, by a civilian government, the President, who is
vote of two-thirds of both Houses in a civilian official, shall be the commander-
joint session assembled, voting in-chief of all the armed forces of the
separately, shall have the sole Philippines, making them the nation’s
power to declare the existence of a supreme military leader. They are the
state of war. (2) In times of war or ceremonial, legal and administrative head.
other national emergency, the It is not required that they possess
Congress may, by law, authorize military training and talents, and has the
the President, for a limited period power to direct military operations and to
and subject to such restrictions as determine military strategy. They are
it may prescribe, to exercise powers expected to delegate the actual command
necessary and proper to carry out a of the armed forces to military experts,
declared national policy. Unless but the ultimate power is his. It prevents
sooner withdrawn by resolution of military personnel from testifying in
the Congress, such powers shall legislative inquiries.
cease upon the next adjournment
thereof. j. Separation of Church and State (Sec.
6)
g. Doctrine of Incorporation (see
letter f.) ➢ Section 6. The separation of Church
and State shall be inviolable.
h. Doctrine of Transformation
➢ Article III (Section 5). No law shall
➢ Article VII (Executive Department), be made respecting an
Section 21. No treaty or establishment of religion, or
international agreement shall be prohibiting the free exercise thereof.
valid and effective unless The free exercise and enjoyment of
concurred in by at least two-thirds religious profession and worship,
of all the Members of the Senate. without discrimination or
preference, shall forever be
• It is based upon the perception of two allowed. No religious test shall be
distinct systems of law operating required for the exercise of civil or
separately, and maintains that before any political rights.”
rule or principle of international law can
have any effect within the domestic • The wall of separation between Church
jurisdiction, it must be expressly and and State is not a wall of hostility. It is
specifically ‘transformed’ into municipal recognized throughout, rather. The State
law by the use of the appropriate in fact recognizes the beneficent influence
constitutional machinery. This doctrine of religion in the enrichment of the
 nation’s life. “In so far as it instills into the Saints Day, Christmas Day and New
mind the purest principles of morality,” so Year’s Day, plus one Muslim holiday,
said Justice Laurel, “the influence of Eidul Fitr.
religion is deeply felt and highly
appreciated” by the State. ➢ Article VI, Section 3. (3) Charitable
institutions, churches and
k. Non-Establishment Clause personages or convents
appurtenant thereto, mosques, non-
• The non-establishment clause reinforces profit cemeteries, and all lands,
the wall of separation between Church and buildings, and improvements,
State. It simply means that the State actually, directly, and exclusively
cannot set up a Church; nor pass laws used for religious, charitable, or
which aid one religion, aid all religion, or educational purposes shall be
prefer one religion over another nor force exempt from taxation.
nor influence a person to go to or remain
away from church against his will or force ➢ Article VI, Section 29. (2) No public
him to profess a belief or disbelief in any money or property shall be
religion; that the state cannot punish a appropriated, applied, paid, or
person for entertaining or professing employed, directly or indirectly, for
religious beliefs or disbeliefs, for church the use, benefit, or support of any
attendance or non-attendance; that no sect, church, denomination,
tax in any amount, large or small, can be sectarian institution, or system of
levied to support any religious activity or religion, or of any priest, preacher,
institution whatever they may be called or minister, other religious teacher, or
whatever form they may adopt or teach or dignitary as such, except when
practice religion; that the state cannot such priest, preacher, minister, or
openly or secretly participate in the affairs dignitary is assigned to the armed
of any religious organization or group and forces, or to any penal institution,
vice versa. Its minimal sense is that the or government orphanage or
state cannot establish or sponsor an leprosarium.
official religion (A.M. No. 10-4-19-SC).
n. Foreign Policy of the Philippines
l. Free Exercise Clause (Sec. 7)

• The Free Exercise Clause mandates an ➢ Section 7. The State shall pursue
absolute protection of the freedom to an independent foreign policy. In
believe. its relations with other states, the
paramount consideration shall be
m. Exception to the Doctrine of national sovereignty, territorial
Separation of Church and State integrity, national interest, and the
right to self-determination.
• The constitution expressly carves out
exceptions to the principle of state o. Freedom from Nuclear Weapons
neutrality to religion, in favor of the (Sec. 8)
Muslim minority: (1) The Congress shall
enact an organic act for each autonomous ➢ Section 8. The Philippines,
region, (2) The organic act shall define the consistent with the national
basic structure of government [and] shall interest, adopts and pursues a
likewise provide for special courts with policy of freedom from nuclear
personal, family, and property with weapons in its territory.
jurisdiction consistent with the provisions
of this Constitution and national laws. p. Social Justice (Sec. 10) – Calalang v.
Williams (1940)
This was implemented through a Code of
Muslim Personal Laws of the Philippines ➢ Section 10. The State shall promote
and Shari’ah courts that provide personal social justice in all phases of
jurisdiction of laws and courts based on national development.
religion.
• Several religious holidays are recognized • “The social justice provisions of the
as official holidays for the country: Constitution are not self-executing
Maundy Thursday, Good Friday, All principles ready for enforcement through
 the courts. They are merely statements of shall protect the rights of workers
principles and policies. To give them and promote their welfare.
effect, legislative enactment is required.” ➢ Sec. 21. The State shall promote
• The acute imbalance between the rich comprehensive rural development
and the poor and the resultant and agrarian reform.
divisiveness and hostility between
them. Want is a constant companion.
Oppression is always close by. It doesn’t
cater to status, but to the unwarranted
injustice. SC declared to stand in a
similar manner in terms of employer vs.
labor disputes.
• The classic definition of social justice is
found in Calalang v. Williams, where
Justice Laurel declared as follows:
• “Social justice is ‘neither communism, nor
despotism, nor atomism, nor anarchy, but
the humanization of laws and the
equalization of social and economic forces
by the State so that justice in its rational
and objectively secular conception may at
least be approximated. Social justice
means the promotion of the welfare of all
the people, the adoption by the
Government of measures calculated to
insure economic stability of all the
component elements of society, through the
maintenance of a proper economic and
social equilibrium in the interrelations of
the members of the community,
constitutionally, through the adoption of
measures legally justifiable, or extra-
constitutionally, through the exercise of
powers underlying the existence of all
governments on the time-honored principle
of salus populi est suprema lex.”

× The new provisions on social justice in

Article II are the following:

➢ Sec. 9. The State shall promote a

just and dynamic social order that
will ensure the prosperity and
independence of the nation and
free the people from poverty
through policies that provide
adequate social services, promote
full employment, a rising standard
of living, and an improved quality
of life for all.
➢ Sec. 10. The State shall promote
social justice in all phases of
national development.
➢ Sec. 11. The State values the
dignity of every human person and
guarantees full respect for human
rights.
➢ Sec. 18. The State affirms labor as
a primary social economic force. It
 Regulations, Procedure, Codes of Conduct, and
Guidelines/Policies.
Additional Information
• Understanding the hierarchy of laws helps with
• Government is where political authority is developing a clear and consistent legal and
made effective in the Philippines in order to direct regulatory framework for elections, by ensuring
the citizens to a more better society. the appropriate content and detail is contained in
each level of hierarchy.
• The belief is shared in this country that
vitalization of the local government unit will • R.A. 1386 – An Act Adopting the Honorable
enable its inhabitants to develop their resources George A. Malcolm as Son of the Philippines and
and thereby contribute to the progress of the Conferring Upon Him All the Rights, Privileges and
whole nation. More importantly, they will acquire Prerogatives of Philippine Citizenship. He is the
a deepened sense of involvement that will founder and dean of the College of Law of the
encourage them to participate more actively in University of the Philippines, and Associate
the direction of public affairs as members of the Justice of the Supreme Court of the Philippines
body politic. from 1917 to 1936, during which period he
distinguished himself as the principal expounder
• The Transitory Provisions are so-called of the fundamental law of the land, and as author
because they do not have permanent duration, of books on the laws and government of the
unlike the other provisions in the preceding Philippines.
articles. Article XVIII eventually had no bearing
but became an informative guide as the purposes
of the several sections thereof has been fulfilled.
General Knowledge
• Administration is a group of people in whose
hands the reins of government are for the time • The Philippines’ legal system may be considered
being. as a unique legal system because it is a blend of
civil law (Roman), common law (Anglo-American),
• The doctrine of constitutional supremacy Muslim (Islamic) law and indigenous law.
contains the following: The Constitution is the
basic and paramount law to which all other • Case digests are multi-volume sets arranged in
laws must conform and to which all persons, alphabetical order by subject and are used to
including the highest officials of the land, find case law on very specific legal topics.
must defer. No act shall be valid, however noble • In re is a Latin phrase meaning “in the matter
its intentions, if it conflicts with the Constitution. of.” The term “In re” is used in legal documents to
The Constitution must ever remain supreme. All refer to a case, particularly a case without an
must bow to the mandate of this law. Expediency opposing party.
must not be allowed to sap its strength nor greed
for power debase its rectitude. Right or wrong, • Self-executing provisions of the Constitution
the Constitution must be upheld as long as it has does not include enabling the legislation body.
not been changed by the sovereign people lest its
disregard result in the usurpation of the majesty • A legal maxim or legal phrase elucidates or
of law by the pretenders to illegitimate power. expounds a legal principle, proposition or
concept.
• Doctrine of constitutional supremacy
encompasses that if a law or contract violates • G.R. means General Register
any norm of the constitution, that law/contract
whether promulgated by the legislative/executive • Courts assign each case a docket number to
branch or entered into by private persons for make it easier to track. Usually, it’s not
private purposes is null and void and without necessary to understand how docket numbers
any force and effect. Thus, since the Constitution are assigned to use them to retrieve cases.
is the fundamental, paramount and supreme law However, understanding how docket numbers
of the nation, it is deemed written in every are constructed can be helpful for correcting
statute and contract. mistyped docket numbers and determining where
and when a case was filed.
• Hierarchy of laws can be illustrated as a
pyramid with the following at the top to its base, • The “L” stands for “Liberation” to denote the
respectively: Constitution, International Laws, cases that were decided after the Japanese rule
Statutes/Legislation, Common/Case Law, in 1945 as the G.R. were resetted to 1 after WW2
due to court records being destroyed. The “L” was department of the government. This law is
dropped eventually. established by legislature as a statute, or a law
that is formally written and enacted. As a result,
• SCRA (citation) means Supreme Court Reports the law you broke was a statutory law.
Annotated is a privately-run publication by
Central Books. • A statute of limitations is the length of time in
which a civil or criminal case can be brought to
• Philippine Reports (citation is Phil.) is the legal proceedings.
official publication managed by the Supreme
Court.

• Multiple cases may have the same G.R. number Brief History of the Constitution
especially when a party files for a Motion for
Reconsideration (usually filed by the losing • Precolonial period had datus, with the tribes
party, and in some unique cases, by both parties being mainly bound by commercial ties with
if they are in disagreement with the ruling) as other countries, before the Spaniards colonized it
they are both contained in a rollo (a complete in 1521 for almost 333 years. Rizal and the
archive of a specific case), prompting the other propagandists ignited patriotism, and
researches to be careful in navigating. In this through Bonifacio’s revolution under the
case, SCRA is more useful in searching for the generalship of Aguinaldo, Philippines gained its
cases as it avoids confusion. first Independence was proclaimed in June 12,
1898, with the First Republic being established
• _____ SCRA _____ means the page then the in January 21, 1899 as Aguinaldo the President
volume of the specific case. (Malolos Constitution, the first democratic
constitution in Asia, established a parliamentary
• The case of El Banco Español Filipino v Vicente
system).
Palanca G.R. No. L-11390 that was almost from
100 years ago that includes the L in the case • Due to the Treaty of Paris (December 10, 1898)
number, creating another point in the matter. by Spain and America ($20,000,000), Philippines
fell on another country’s control. From military to
• The President has the power of “veto”
civilian rule, William Howard Taft became the
(disapproval of bill by the President). The
first governor in July 4, 1901 (Schurmann C. ->
Congress may reconsider if the House can
Taft C. -> Spooner Amendment). The Philippine
override the decision by compromising two-thirds
Assembly (1907-1916) were replaced with
of votes. The President shall communicate his veto
Philippine Autonomy Act (Jones Law – ‘til
of any bill to the House where it originated within
1935), introduced the Senate and House of
thirty days after the date of receipt thereof,
Representatives. Tydings-McDuffie Act authorized
otherwise, it shall become a law as if he had
the establishment of Commonwealth to prepare
signed it.
the Philippines for its independence if they will be
• A docket is an official summary or record of all able to prove themselves within a ten-year
the actions and decisions in a particular legal transition period.
case. It’s like a diary or a timeline for a lawsuit.
• 1935 Constitution was ratified on May 14,
• An undocketed case is when the docket fee with the inauguration taking place in November
has not yet been paid. Undocketed cases are still 15 in the same year. Quezon and Osmeña being
numbered, and may be ruled on at the discretion the Pres. and VP respectively. Jose P. Laurel
of the court, and assigned with UDK number (puppet president) took the duty once WWII was
(A.M. No. 10-4-20-SC). within the Philippines’ sphere. This will last for
over three years (1942-1945; Japanese invasion).
• A charter is an official document granting,
guaranteeing, or showing the limits of the rights • U.S withdrew itself on July 4, 1946 after the
and duties of the group to which it is given. war, with Roxas proclaimed as the new
President.
• The laws passed by the city, municipal or
provincial government (local government) are in • Deliberations on designing a new Constitution
the form of ordinances. took place in 1971 for a revision, establishing the
1973 version (under Proclamation No. 1102).
• Statute is an act of legislature commanding or There was an issue of validity (Ratification Cases)
prohibiting something a particular law enacted of the proclaimed “ratified by an overwhelming
and established by the will of legislative majority of people” due to the declaration of
martial law at the time but was dismissed Vox populi – the opinions or beliefs of the
(together with the Habeas Corpus Cases) by the majority; voice of the people.
SC.
Politics – process that determines the
• September 21, 1972, under Proclamation No. distribution of power and resources; deals with
1081, the country was placed under martial law. how people influence others in satisfaction of
interests; art of governing, of public affairs, of
• January 17, 1981 (P.N. 2045), martial law was making compromise and consensus, and source
lifted. of legitimacy to rule.

• Snap election took place after the President Government – system that serves as an entity or
submitted a sudden resignation on February 7, formal structure in which the state exercises its
1986, with the winner being Marcos Sr. and legitimate power to govern as mandated by the
Tolentino, causing a massive outcry from the constitution, organic laws, or customs and
public. traditions.

• Aquino and Salvador were inducted in place of Governance – structures and processes designed
the ousted Marcos on February 25, 1986 due to to ensure accountability, transparency,
the People Power maneuvered by Defense responsiveness, rule of law, stability, equity and
Minister Enrile and General Ramos on February inclusiveness, empowerment, and broad-based
22, 1986. participation.

• The “Freedom Constitution” was expected Law – a rule made by a government that states
from the new government. In Proclamation No. 9, how people may and may not behave in society
she created a Constitutional Commission and in business, and that often orders particular
composed of fifty members appointed by her and punishments if they do not obey, or a system of
charged it to frame a new charter not later than such rules.
September 2, 1986. All but one of those
appointed accepted and immediately undertook Jurisprudence – it is derived from the Latin term
their mission under the presidency of Justice juris prudentia, which means “the study,
Cecilia Muñoz-Palma. A plebiscite for the draft knowledge, or science of law.” It commonly
charter’s ratification was held on February 2, means the philosophy of law.
1987. More than three-fourths of all votes cast
(16,622,111 or 77.04% out of 21,785,216) were Morality – it has been defined to include: all
for ratification; thus, the 1987 Constitution took manner of rules, standards, principles or norms
effect. by which men regulate, guide and control their
relationships with themselves and with others.
• The rest of the government soon underwent
reorganization in accordance to the newly Doctrine – it is a framework, set of rules, core
promulgated Constitution. principles, or theories that are widely followed in
a field of law.
• The foregoing proposed Constitution of the
Republic of the Philippines was approved by the Plebiscite – the electoral process by which an
Constitutional Commission of 1986 on the initiative on the Constitution is approved or
twelfth day of October, Nineteen hundred and rejected by the people.
eighty-six, and accordingly signed on the fifteenth
day of October, Nineteen hundred and eighty-six Ratification (Oxford). The action of signing or
at the Plenary Hall, National Government Center, giving formal consent to a treaty, contract, or
Quezon City, by the Commissioners whose agreement, making it officially valid.
signatures are hereunder affixed.
Justice – is a legal structure or system that is
designed to judge in a general sense who should
be accorded a benefit or burden when the law is
Terminologies applied to a person’s factual circumstances and
the ethical, philosophical idea that people are to
Legalese (legal jargon) – a technical form of be treated impartially, fairly, properly, and
writing often used by lawyers and members of reasonably by the law and by arbiters of the law,
the legal community to discuss legal definitions, that laws are to ensure that no harm befalls
terms, laws, and contracts. another.
En banc – is French for “on the bench” which discretion of the officers who are required to
refers to a special procedure where all judges of a investigate the facts or ascertain from the
particular court hear a case when the court existence of facts, hold hearings and draw
believes that the matters are especially complex conclusions from them as a basis for their official
or important. action to exercise discretion of a judicial nature.

Legislature – a deliberative body of persons, Plenary – something that is full, complete, or

usually elective, who are empowered to make, absolute; covering all matters, usually referring
change, or repeal the laws of a country or state. to an order, hearing or trial.

Social justice (Salus populi suprema lex esto) – Jurisdiction – authority given by law to a court
the promotion of the welfare of all the people, the to try cases and rule on legal matters.
adoption by the Government of measures
calculated to insure economic stability of all the Appropriations – an authorization made by law
competent elements of society, through the or legislative enactment directing payment out of
maintenance of a proper economic and social government funds under specified conditions or
equilibrium in the interrelations of the members for specific purposes.
of the community.
Bill - a legislative proposal for enactment of a
Equity – fairness and justice; whereas equality law; it may become a law, even without the
means providing the same to all, equity means President’s signature, if the President does not
recognizing that we do not all start from the same sign a bill within 30 days from receipt in his
place and must acknowledge and make office.
adjustments to imbalances.
Tariff – duties and tax imposed by a government
Classifications of law – Philippine law can be on imported or in some countries exported goods.
classified into substantive law, procedural law,
Tribunal – a special court or group of people who
and administrative law. Substantive laws are the
are officially chosen, especially by the
Revised Penal Code, Civil Law, Labor Code, and
government, to examine (legal) problems of a
Taxation Law.
particular type.
Suffrage – means the right to vote. When citizens
Writ of habeas corpus – a speedy and effectual
have the right to vote for or against laws and
remedy to relieve persons from unlawful
leaders, that government is called a “democracy”,
restraint.
where voting is one of its most important
principles.
Subpoena is an order issued by a court or a
government agency requiring an individual to
Citizenship – a legal status and relation between
appear at a specific time and place to testify as a
an individual and a state that entails specific
witness or to produce documents.
legal rights and duties.
Litigation – a legal proceeding; a process where
Amendment – the process of formally altering or
someone is taking legal actions against
amending a law or document (such as a
something such as a lawsuit, legal case, and/or a
constitution).
judicial dispute; method of settling disputes
Provision – is a specific requirement or rule before the court.
within a legal document or law, also known as a
Prescribe – “to lay down a rule,” including legal
contract clause.
rules or orders.
Writ – written document or order issued by a
court in the name of a sovereign authority
requiring the performance of a specific act.

Certiorari – certiorari is a court process to seek

judicial review of a decision of a lower court or
government agency; a corrective remedy used for
the re-examination of jurisdiction

Quasi-judicial – a proceeding conducted by an

administrative or executive official or
organization that is similar to a court proceeding;