PART ONE personification of the State, is inviolable, and
thus, enjoys immunity from suit.
GENERAL NOTIONS OF PUBLIC LAW
AND CONSTITUTIONAL THEORY
I. THE STUDY OF PUBLIC LAW VIS-
À-VIS PRIVATE LAW
II. POLITICAL LAW AND
CONSTITUTIONAL LAW
DEFINED
Political Law
- A branch of public law which deals with the
organization and operation of the government
organs of the state and defines the relations of
the state with the inhabitants of its territory.
Constitutional Law -
- It deals with the guaranties of the constitution
to individual rights and the limitations on
governmental action.
Constitution - the written instrument by
which the fundamental powers of
government are established, limited and
defined, and by which those powers are
distributed among the several departments
for their safe and useful exercise for the
benefit of the body politic.
Date of Effectivity of the Constitution
Took effect on February 2, 1987, which was the
date of the plebiscite.
III. THE STATE: JURIDICAL
CONCEPT AND POLITICAL UNIT
Doctrine of State Immunity
The State cannot be sued without its consent.
This doctrine also applies to foreign governments
because of the sovereign equality of all the states.
Accordingly, immunity is enjoyed by other
States, consonant with the public international
law principle of par in parem non habet
imperium. The head of State, who is deemed the
Capacities of the State in entering into
contracts
1. In jure gestionis – By right of economic or
business relations; commercial, or
proprietary acts. MAY BE SUED
2. In jure imperii – By right of sovereign power
and in the exercise of sovereign functions. No
implied consent.
Restrictive Theory of State Immunity from
Suit
The State may be said to have descended to the
level of an individual and can thus be deemed to
have tacitly given its consent to be sued only
when it enters into business contracts. However,
the restrictive application of State immunity is
proper only when the proceedings arise out of
commercial transactions of the foreign sovereign,
its commercial activities or economic affairs. It
does not apply where the contract relates to the
exercise of its sovereign functions.
A suit is considered as suit against the State
when:
1. The Republic is sued by name;
2. The suit is against an unincorporated
government agency;
3. The suit is on its face against a government
officer but the case is such that ultimate
liability will belong not to the officer but to
the government.
STATE
- a community of persons, more or less
numerous, permanently occupying a fixed
territory and possessed of an independent
government organized for political ends to
which the great body of inhabitants render
habitual obedience.
ELEMENTS OF STATE
 People – inhabitants of the State.
 Territory – fixed portion of the surface of
the earth inhabited by the people of the State.
 Sovereignty - supreme and uncontrollable
power inherent in a State by which that State
is governed. Freedom from external control.
 Government – agency/instrumentality
through which the will of the State is
formulated, expressed, and realized.
a. De jure – has a rightful title but no power
or control, either because the same has
been withdrawn from it or because it has
not yet actually entered into the exercise
thereof.
b. De facto – it actually exercises power or
control but without legal title.
INHERENT POWERS OF THE STATE
1. Police Power
- inherent and plenary power of the state which
enables it to prohibit all that is hurtful to the
comfort, safety and welfare of society.
2. Power of Taxation
- enforced proportional contributions from
persons and property, levied by the state by
virtue of its sovereignty, for the support of the
government and for all public needs, to raise
revenue, tool for regulation, protection/power
to keep alive.
3. Power of Eminent Domain
- power of the state to forcibly acquire the
needed property in order to devote it to the
intended public use, upon payment of just
compensation.
Conditions for the exercise of the power of
eminent domain
a. Taking of private property
b. For public use
c. Just compensation
d. Observance of due process
IV. THE PHILIPPINES AS A used in the Constitution must be given their
DEMOCRATIC AND REPUBLICAN
STATE
Doctrine of Separation of Powers
- The legislation belongs to the Congress,
execution to the executive, and settlement of
legal controversies to the judiciary. Each is
therefore prevented from invading the
domain of the others.
Purposes of Separation of Powers
- Secure action
- Forestall over-action
- Prevent despotism
- Obtain efficiency
System of Checks and Balances
- Allows one department to resist
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by the
other departments.
Principles of Blending of Powers
- Refers to an instance when powers are not
confined exclusively within one department
but are assigned to or shared by several
departments.
V. ESSENTIAL PARTS OF A
WRITTEN CONSTITUTION
A. CONSTITIUTION OF GOVERNMENT
- constitutional provision which establish the
structure of government.
B. CONSTITUTION OF LIBERTY
- constitutional provisions which guarantee
individual fundamental liberties against
governmental abuse.
C. CONSTITUTION OF SOVEREIGNTY
- constitutional provision which outline the
process whereby the sovereign people may
change the fundamental charter.
VI. CONSTITUTIONAL
INTERPRETATION
Ways to interpret the Constitution
1. Verba legis – Whenever possible, the words
ordinary meaning except where technical
terms are employed.
2. Ratio legis et anima – Where there is
ambiguity, the words of the Constitution
should be interpreted in accordance with the
intent of the framers.
3. Ut magis valeat quam pereat – The
Constitution has to be interpreted as a whole.
NOTE: In case of doubt, the provisions of the
Constitution should be construed as self-
executing; mandatory rather than directory; and
prospective rather than retroactive.
A provision is not self-executing when it merely
indicates the principles without laying down rules
giving them the force of law.
The provisions of the Constitution are to be
considered as self-executing because if they are
not treated as such, the legislature can ignore and
practically nullify the direction of the
fundamental law.
VII. SUPREMACY OF THE
CONSTITUTION: JUDICIAL
REVIEW
Doctrine of Constitutional Supremacy
If a law or contract violates any norm of the
Constitution, that law or contract, whether
promulgated by the legislative or by the executive
branch or entered into by private persons for
private purposes, is null and void and without any
force and effect. Thus, since the Constitution is
the fundamental, paramount and supreme law of
the nation, it is deemed written in every statute
and contract.
Judicial Review
Re-examination or determination by the courts in
the exercise of their judicial power in an
appropriate case instituted by a party aggrieved
thereby as to whether the questioned act, rule, or
decision has been validly or invalidly issued or
whether the same should be nullified, affirmed or
modified.
Requisites of Judicial Review
A. There must be an actual case or
controversy.
The question before it must be ripe for
adjudication
Ripeness
It is similar to that of exhaustion of
administrative remedies except that it applies
to the rule making and to administrative
action which is embodied neither in rules and
regulations nor in adjudication or final order.
Application of the doctrine of ripeness of
review
1. When the interest of the plaintiff is
subjected to or imminently threatened
with substantial injury.
2. If the statute is self-executing.
3. When a party is immediately confronted
with the problem of complying or
violating a statute and there is a risk of
criminal penalties.
4. When plaintiff is harmed by the
vagueness of the statute.
Moot and Academic
- It is moot and academic when it ceases to
present a justiciable controversy by virtue of
supervening events so that a declaration
thereon would be of no practical use or value.
Moot questions
- Questions on which a judgment cannot have
any practical legal effect or, in the nature of
things, cannot be enforced.
Court actions over moot and academic cases
GR: The courts should decline jurisdiction over
such cases or dismiss it on ground of mootness.
XPNs:
1. There is a grave violation of the
Constitution.
2. There is an exceptional character of the
situation and the paramount public
interest is involved.
3. When the constitutional issue raised
requires formulation of controlling
principles to guide the bench, the bar, and
the public.
4. The case is capable of repetition yet
evading review.
B. The constitutional question must be raised
by the proper party.
The person challenging the act must have
“standing” to challenge.
He must have a personal and substantial
interest in the case such that he has sustained,
 or will sustain, direct injury as a result of the
enforcement.
Locus standi
- One who has sustained or is in imminent
danger of sustaining an injury as a result of
the act complained of (direct injury test).
Real party in interest
- The party who stands to be benefited or
injured by the judgment in the suit, or the part
entitled to the avails of the suit. Unless
otherwise authorized by law or these Rules,
every action must be prosecuted or defended
in the name of the real party in interest.
C. The constitutional question must be raised
at the earliest possible opportunity.
If not raised by the pleadings, ordinarily, it
may not be raised at the trial, and if not raised
in the trial court, it will not be considered on
appeal.
By way of exception, courts, in the exercise
of sound discretion, may determine the time
when a question affecting constitutionality of
a statute should be presented.
D. The decision on the constitutional question
must be determinative of the case itself.
In other words, the court will not touch the
issue of unconstitutionality unless it is
unavoidable.
The constitutional issue must be the very lis
mota of the case.
VIII. NATIONAL TERRITORY
Territory
- a fixed portion of the surface of the Earth
inhabited by the people of the State. As an
element of a State, it is an area over which a
state has effective control.
Article I, Section 1.
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and
other submarine areas.
The waters around between, the connecting the
islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal
waters of the Philippines.
Straight Baseline Method
- Where the coastline is deeply indented and
cut into, or if there is a fringe of islands along
the coast in its immediate vicinity, the
method of straight baselines joining
appropriate points may be employed in
drawing the baseline from which the breadth
of the territorial sea is measure.
Guidelines in drawing archipelagic baselines
1. The length of such baselines shall not exceed
100 nautical miles, except that up to 3 per
cent of the total number of baselines
enclosing any archipelago may exceed that
length, up to a maximum length of 125
nautical miles.
2. The drawing of such baselines shall not
depart to any appreciable extent from the
general configuration of the archipelago.
3. Such baselines shall not be drawn to and from
low tide elevations.
NOTE: Unless lighthouses or similar
installations which are permanently above sea
level have been built on them or where a low-tide
elevation is situated wholly or partly at distances
not exceeding the breadth of the territorial sea
from the nearest island. (Ibid)
4. It shall not be applied in such a manner as to
cut off from the high seas or the exclusive
economic zone the territorial sea of another
State.
5. If a part of the archipelagic water of an
archipelagic State lies between two parts of
an immediately adjacent neighboring State,
existing rights and all other legitimate
interests which the latter State has
traditionally exercised in such waters and all
rights stipulated by agreement between those
States shall continue and be respected.
NOTE: The breadth of the territorial sea, the
contiguous zone, the exclusive economic zone
and the continental shelf are measured from the
archipelagic baselines drawn.

Internal Waters
- These are waters of lakes, rivers and bays
landward of the baseline of the territorial sea.
Waters on the landward side of the baseline
of the territorial sea also form part of the
internal waters of the coastal state. However,
in the case of archipelagic states, waters
landward of the baseline other than those of
rivers, bays, and lakes, are archipelagic
waters.
Territorial Sea
- The territorial waters, as defined in the
Convention on the Law of the Sea, has a
uniform breadth of 12 miles measured from
the lower water mark of the coast.
Archipelagic Doctrine
- It emphasizes the unity of land and waters by
defining an archipelago either as a group of
islands surrounded by waters or a body of
water studded with islands.
- Art. I, Sec. 1 of the 1987 Constitution adopts
the archipelagic doctrine. It provides that the
national territory of the Philippines includes
the Philippine archipelago, with all the
islands and waters embraced therein; and the
waters around, between and connecting the
islands of the archipelago, regardless of their
breadth and dimensions form part of the
internal waters of the Philippines.
Contiguous Zone
- It is the zone adjacent to the territorial sea,
which the coastal State may exercise such
control as is necessary to (1) prevent
infringement of its customs, fiscal,
immigration, or sanitary laws within its
territory or its territorial sea or (2) to punish
such infringement.
- The contiguous zone may not extend more
than 24 nautical miles beyond the baseline
from which the breadth of the territorial sea
is measured twelve nautical miles from the
territorial sea.
Continental Shelf
- It comprises the sea-bed and subsoil of the
submarine areas that extend beyond its
territorial sea throughout the natural
prolongation of its land territory to the outer
edge of the continental margin or to a
distance of 200 nautical miles beyond the
baselines from which the breadth of the
territorial sea is measured if the edge of the
continental margin does not extend up to that
distance.
High Seas
- The waters, which do not constitute the
internal waters, archipelagic waters,
territorial sea and exclusive economic zone of
a state.
- They are beyond the jurisdiction and
sovereign rights of states.
200 Mile Exclusive Economic Zone
- It gives the coastal State sovereign rights
overall economic resources of the sea, sea-
bed and subsoil in an area extending not more
than 200 nautical miles beyond the baseline
from which the territorial sea is measured.
Deep Sea Bed
-
United Nations Convention on the Law of the
Sea (UNCLOS)
- It defines the rights and obligations of nations
in their use of the world’s oceans,
establishing rules for business, the
environment and the management of marine
natural resources.
KALAYAAN ISLAND CLAIM
Effect of RA 9522 (An Act to Amend Certain
Provisions of RA 3046, As Amended by RA
5446, To Define the Archipelagic Baseline of the
Philippines and For Other Purposes) on specific
description and affirmation of sovereignty over
our national territory
RA 9522 amends RA 3046, which defines the
baselines of the territorial sea of the Philippines.
The Kalayaan Island Group as constituted under
PD 1596 and Bajo de Masinloc, also known as
Scarborough Shoal is determined as “Regime of
Islands” under the Republic of the Philippines
consistent with Art. 121 of the United Convention
on the Law of the Sea which states:
1. An island is a naturally formed area of land, IX. DECLARATION OF PRINCIPLES
surrounded by water, which is above water at AND STATE POLICIES
high tide.
2. Except as provided for in par. 3, the territorial STATE PRINCIPLES
sea, the contiguous zone, the exclusive
economic zone and the continental shelf of an Sec. 1
island are determined in accordance with the The Philippines is a democratic and republican
provisions of this Convention applicable to state. Sovereignty resides in the people and all
other land territory. government authority emanates from them.
3. Rocks which cannot sustain human
habitation or economic life of their own shall Sec. 2.
have no exclusive economic zone or Doctrine of Incorporation
continental shelf. - It means that the rules of International Law
form part of the law of the land and no
Spratly Group of Islands (SGI) is not part of the legislative action is required to make them
Philippine Archipelago because it is too far to be applicable in a country. By this doctrine, the
included within the archipelagic lines encircling Philippines is bound by generally accepted
the internal waters of Philippine Archipelago. principles of international law, which are
The SGI, however, is part of the Philippine considered to be automatically part of our
territory because it was discovered by a Filipino own laws.
seaman in the name of Tomas Cloma who later
renounced his claim over it in favor of the Sec. 3
Republic of the Philippines. Subsequently, then Civilian authority is, at all times, supreme over
Pres. Marcos issued a Presidential Decree the military.
constituting SGI as part of the Philippine territory The Armed Forces of the Philippines is the
and sending some of our armed forces to protect protector of the people and the State. Its goal is to
said island and maintain our sovereignty over it. secure the sovereignty of the State and the
integrity of the national territory.
SGI and Scarborough Shoal as part of the
National Territory Sec. 4 and Sec. 5
Prime duty of the government; Military and Civil
Art. I of the Constitution provides: “The national Service
territory comprises the Philippine archipelago, x
xx, and all other territories over which the Sec. 6
Philippines has sovereignty or jurisdiction, xxx.” Inviolability of separation of Church and State
The SGI and Scarborough Shoal fall under the
second phrase, “and all other territories over STATE POLICIES
which the Philippines has sovereignty or
jurisdiction.” Sec. 7
It is part of our national territory because the Independent foreign policy
Philippines exercise sovereignty (through
election of public officials) over the Spratly Sec. 8
Group of Islands. Moreover, under the Philippine Policy of freedom from nuclear weapon
Baselines Law of 2009 (RA 9522), the Spratly
Islands and the Scarborough Shoal are classified Sec. 9-10
as islands under the regime of the Republic of the Social Justice policy
Philippines. (Philippine Baselines Law of 2009)
Sec. 11
Dignity of the human person and full respect for
human rights
Sec. 12 Sec. 26
Sanctity of Family Life Equal access to opportunities for public service,
and prohibit political dynasties as may be
Sec. 13 – 14 defined by law.
Role of Youth in Nation Building
Sec. 27
Sec. 15 Maintain honesty and integrity in the public
Right to Health service and take positive and effective measures
against graft and corruption.
Sec. 16
Right to a Balanced and Healthful Ecology Sec. 28
Subject to reasonable conditions prescribed by
Sec. 17 law, the State adopts and implements a policy of
Priority to Education, Science and Technology, full public disclosure of all its transactions
Arts, Culture and Sports involving public interest.

Sec. 18
Labor as a Primary Social Economic Force
Protect the rights of workers and promote their
welfare
Sec. 19
Self-Reliant and Independent National Economy
Effectively Controlled by Filipinos
Sec. 20
Indispensable role of the private sectors
Encouragement of private enterprise and provide
incentives to investments
Sec. 21
Comprehensive rural development and agrarian
reform
Sec. 22
Protection of rights of indigenous cultural
communities
Sec. 23
Encouragement of non-governmental,
community-based, or sectoral organizations that
promote the welfare of the nation.
Sec. 24
Vital role of communication and information in
nation-building
Sec. 25
Ensure the autonomy of local governments.
X. CITIZENSHIP
Citizenship
- Membership in a political community, which
is personal and more or less permanent in
character.
Citizenship v. Nationality
Citizenship – A term denoting membership of a
citizen in a political society, which membership
implies, reciprocally, a duty of allegiance on the
part of the member and duty of protection on the
part of the state.
Nationality – It has broader meaning, embracing
all who owe allegiance to a state, whether
democratic or not, without thereby becoming
citizens. Because they owe allegiance to it, they
are not regarded as aliens.
Sec. 1
CITIZENS OF THE PHILIPPINES
1. Those who are Filipino citizens at the time of
the adoption of the 1987 Constitution:
2. Those whose fathers or mothers are Filipino
citizens
3. Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
NOTE: Time to elect: within 3 years from reaching the age of
majority.
4. Those naturalized in accordance with law.
Sec. 2
Natural-born Philippine Citizens
- Those who are citizens of the Philippines
from birth without having to perform any act
to acquire or perfect their Philippine
citizenship.
- Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1
hereof shall be deemed natural-born citizens.
Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching
the age of majority.
Modes of Acquiring Citizenship
1. By birth
a. Jus sanguinis – acquisition of
citizenship on the basis of blood
relationship.
b. Jus soli – acquisition of citizenship on
the basis of the place of birth.
2. By naturalization – the legal act of adopting
an alien and clothing him with the privilege
of a native-born citizen.
3. By marriage
NOTE: Jus sanguinis and naturalization are the
modes followed in the Philippines.
Naturalization
- Act of formally adopting a foreigner into the
political body of a nation by clothing him or
her with the privileges of a citizen.
Modes of becoming a citizen by naturalization
Administrative naturalization pursuant to RA
9139
1. Judicial naturalization pursuant to CA 473, as
amended
2. Legislative naturalization in the form of a law
enacted by Congress bestowing Philippine
citizenship to an alien.
Denaturalization
- The process taken by a government to revoke
the citizenship status of an individual.
Grounds for denaturalization
1. Naturalization certificate
fraudulently or illegally
2. If, within 5 years, he returns to his native
country or to some foreign country and
establishes residence therein
3. Naturalization obtained through invalid
declaration of intention
4. Minor children failed to graduate through
the fault of parents either by neglecting
support or by transferring them to another
school
5. Allowing himself to be used as a dummy
Sec. 3
Grounds for loss of Philippine citizenship
1. Naturalization in a foreign country; or
2. Express renunciation of citizenship
(expatriation); or
NOTE: The mere application or possession of an alien
certificate of registration does not amount to renunciation.
3. Subscribing to an oath of allegiance to the
constitution or laws of a foreign country
upon attaining 21 years of age; or
NOTE: Citizens may not divest citizenship when the
Philippines is at war.
4. Rendering service to or accepting
commission in the armed forces of a
foreign country; or
NOTE: It shall not divest a Filipino of his citizenship if:
(a) the Philippines has a defensive and/or offensive pact of
alliance with the said foreign country; (b) the said foreign
country maintains armed forces in the Philippine territory
with its consent provided that at the time of rendering said
service, or acceptance of said commission, and taking the
oath of allegiance incident thereto, states that he does so only
in connection with its service to said foreign country.
6. Cancellation of certificate of naturalization
(Denaturalization); or
7. Having been declared by final judgment a
deserter of the armed forces of the
Philippines in times of war; or
8. In case of a woman, upon her marriage, to
a foreigner if, by virtue of the laws in force
in her husband’s country, she acquires his
nationality.
obtained
Ways to reacquire citizenship
1. Naturalization
2. Repatriation
3. Direct act of Congress
Repatriation
- Recovery of the original nationality.
- This means that a naturalized Filipino who
lost his citizenship will be restored to his
prior status as a naturalized Filipino citizen.
On the other hand, if he was originally a
natural-born citizen before he lost his
Philippine citizenship, he will be restored to
his former status as a natural-born Filipino.
Sec. 4. Rule regarding marriage of a Filipino
to an alien
GR: The Filipino retains Philippine citizenship.
XPN: If, by their act or omission they are
deemed, under the law, to have renounced it.
Sec. 5.
DUAL CITIZENSHIP VS. DUAL
ALLEGIANCE
Dual Citizenship
- Arises when, as a result of concurrent
application of the different laws of two or
more States, a person is simultaneously
considered a citizen of said states.
- Involuntary and allowed.
Dual Allegiance
- Refers to the situation where a person
simultaneously owes, by some positive act,
loyalty to two or more States.
- Result of an individual’s volition and is
prohibited by the Constitution.
XI. SUFFRAGE
Right of Suffrage
- It is the right to vote in the election of officers
chosen by the people and in the determination
of questions submitted to the people.
- It includes:
a. Election
b. Plebiscite
c. Initiative
d. Referendum
NOTE: The right to suffrage is not an absolute
right. Needless to say, the exercise of the right of
suffrage, as in the enjoyment of all other rights, is
subject to existing substantive and procedural
requirements embodied in our Constitution,
statute books and other repositories of law.
Qualifications for the exercise of suffrage
Filipino citizens
1. At least 18 years of age
2. Resident of the Philippines for at least one
year
3. Resident of the place where he proposes to
vote for at least 6 months; and
4. Not otherwise disqualified by law
Persons disqualified to vote
1. Persons sentenced by final judgment to suffer
imprisonment for not less than one year,
unless pardoned or granted amnesty; but right
is reacquired upon expiration of 5 years after
service of sentence
2. Conviction by final judgment of any of the
following:
a. Crime involving disloyalty to the
government
b. Violation against national security
c. c. Firearms laws
But right is reacquired upon expiration of 5 years
after service of sentence.
3. Insanity or incompetence declared by
competent authority
RESIDENCE VS DOMICILE
Residence
- It implies the factual relationship of an
individual to a certain place. It is the physical
presence of a person in a given area,
community or country.
Domicile
- A place to which, whenever absent for
business or for pleasure, one intends to
return, and depends on facts and
circumstances in the sense that they disclose
intent.
For election purposes the concepts of residence
and domicile are dictated by the peculiar criteria
of political laws. What has clearly and
unequivocally emerged is the fact that residence
for election purposes is used synonymously with
domicile.
 PART TWO
Requisites for a valid ratification
THE CONSTITUTION OF 1. Held in a plebiscite conducted under Election
SOVEREIGNTY: Law
AMENDMENTS OR REVISIONS OF 2. Supervised by COMELEC
FUNDAMENTAL LAW 3. Where only registered voters take part

AMENDMENT
- Isolated or piecemeal change merely by
adding, deleting, or reducing without altering
the basic principles involved.
REVISION
- A revamp or rewriting of the whole
instrument altering the substantial entirety of
the Constitution.
Ways to amend or revise the Constitution
1. Proposal
a. By Congress
- upon a vote of ¾ of all its members acting as
Constituent Assembly (ConAss)
NOTE: The substance of the proposals is not
subject to judicial review since what to propose is
left to the wisdom of the ConAss.
The manner the proposals are made is subject to
judicial review.
NOTE:
GR: Presidential proclamation is not required for
effectivity of amendments/revisions.
XPN: Proposed amendment/revision provides
otherwise.
Doctrine of Proper Submission
- A plebiscite may be held on the same day as
a regular election, provided the people are
sufficiently informed of the amendments to
be voted upon, for them to conscientiously
deliberate thereon, to express their will in a
genuine manner. Submission of piece-meal
amendments is unconstitutional.
- All amendments must be submitted for
ratification in one plebiscite only. The people
have to be given a proper frame of reference
in arriving at their decision.
Date of Effectivity of the Constitution
Took effect on February 2, 1987, which was the
date of the plebiscite.

Since ConAss owes their existence to the

Constitution, the courts may determine whether
the assembly has acted in accordance with the
Constitution.

b. By Constitutional Convention (ConCon)

c. By People’s Initiative
- upon a petition of at least 12% of the total
number of registered voters, of which every
legislative district must be represented by 3%
of the registered voters therein.

2. Ratification
- Amendments or revisions to the Constitution
should be ratified by the majority in a
plebiscite which should be held not earlier
than 60 days nor later than 90 days after the
approval of such amendment.
 PART THREE
THE CONSTITUTION OF
GOVERNMENT:
FRAMEWORK, POWERS, LIMITS AND
SAFEGUARDS
I. THE LEGISLATIVE
DEPARTMENT
Sec. 1
Legislative power in general:
Legislative power
- The power or competence of the legislative to
propose, enact, ordain, amend/alter, modify,
abrogate or repeal laws. It is vested in the
Congress which shall consist of a Senate and
a House of Representatives, except to the
extent reserved to the people by the provision
on initiative and referendum.
Legislative powers of Congress
1. General plenary power (Sec. 1, Art. VI)
2. Specific power of appropriation
3. Taxation and expropriation
4. Legislative investigation
5. Question hour
DOCTRINE OF NON-DELEGATION OF
LEGISLATIVE POWERS
GR: Legislative powers, as a general rule, cannot
be delegated under the principle of delegate
potestas non potest delegare.
XPN: to the doctrine of non-delegation of
legislative powers.
Permissible delegations:
a. Delegation to the People through
initiative and referendum.
b. Emergency powers delegated by
Congress to the President.
Two-tiered test of valid delegation:
a. Completeness Test – The law must be
complete in all essential terms and
conditions when it leaves the legislature
so that there will be nothing left for the
delegate to do when it reaches him
except to enforce it.
b. Sufficient Standard Test – If the law
does not spell out in detail the limits of
the delegate’s authority, it may be
sustained if delegation is made subject to
a sufficient standard.
Sec. 2
Composition of the Senate
24 Senators
Sec. 3
Qualifications for Senators
a. Natural-born citizen of the Philippines;
b. At least 35 years of age on the day of election;
c. Able to read and write;
d. A registered voter;
e. Resident of the Philippines for not less than 2
years immediately preceding the day of
election.
NOTE: Enumeration is exclusive
Sec. 4
Term of Office of Senators
6 years, commencing at noon on the 30th day of
June next following their election.
Term Limit: 3 consecutive terms.
However, they may serve for more than 3 terms
provided that the terms are not consecutive.
Sec. 5
Composition of House of Representatives
Not more than 250 members, unless otherwise
provided by law.
a. District Representative
Elected according to legislative district by the
constituents of such district.
b. Party-list Representative
Elected nationally with party-list organizations
garnering at least 2% of all votes cast for the
party-list system entitled to 1 seat, which is
increased according to proportional
representation, but is in no way to exceed 3 seats
per organization
Apportionment of legislative districts
Legislative districts are apportioned among the
provinces, cities, and the Metropolitan Manila
area. They are apportioned in accordance with the
number of their respect inhabitants and on the
basis of a uniform and progressive ratio.
Each city with a population of at least 250,000
shall have at least one representative. Each
province shall have at least one representative.
While Sec. 5(3) of Art. VI of the Constitution
requires a city to have a minimum population of
250,000 to be entitiled to one representative; it
does not have to increase its population by
another 250,000 to be entitled to an additional
district.
Sec. 6
Qualification of Members of House of
Representatives
a. Natural-born citizen of the Philippines;
b. Except youth partylist representatives, at
least 25 years of age on the day of election;
c. Able to read and write;
d. Except the party-list representatives, a
registered voter in the district in which he
shall be elected;
e. Resident thereof for a period of not less than
1 year immediately the day of the election.
NOTE: Enumeration is exclusive
Sec. 7
Term of Office of Members of HOR
3 years, commencing at noon on the 30th day of
June next following their election.
Term limit: 3 consecutive terms.
Sec. 8
Regular Election of Senators and
Congressmen
Second Monday of May
Sec. 9
Vacancies in the Senate and HOR
Sec. 10
Salaries of Legislators
Sec. 11
Privileges and Immunities of Senate and HOR
A. Immunity from Arrest
- Grants the legislators the privilege from
arrest while Congress is “in session” with
respect to offenses punishable by more than 6
years of imprisonment.
Purpose of parliamentary immunities
It is not for the benefit of the officials; rather, it is
to protect and support the rights of the people by
ensuring that their representatives are doing their
jobs according to the dictates of their conscience.
It is indispensable no matter how powerful the
offended party is.
B. Legislative Privilege
Provides that no member shall be questioned or
held liable in any forum other than his respective
Congressional body for any debate or speech in
Congress or in any committee thereof.
Limitations on legislative privilege
1. Protection is only against the forum other
than the Congress itself. Thus, for defamatory
remarks, which are otherwise privileged, a
member may be sanctioned by either the
Senate or the HoR as the case may be.
2. The “speech or debate” must be made in
performance of their duties as members of
Congress.
Sec. 12-14
Full disclosure of financial and business
interests
Prohibitions imposed in Members of Congress
Prohibitions attached to a legislator during his
term
1. Incompatible Office – No senator or
member of the HoR may hold any other
office or employment in the Government, or
any subdivision, agency, or instrumentality
thereof, including government owned and
controlled corporations or their subsidiaries
during his term without forfeiting his seat.
2. Forbidden Office – Neither shall a senator
or a member of the House of Representatives
be appointed to any office which may have
been created or the emoluments thereof
 increased during the term for which he was
elected.

Particular inhibitions attached to the

respective offices of Senators and
Representatives
1. Senators and Representatives are prohibited
from “personally” appearing as counsel
before any court of justice or before the
Electoral Tribunals, or quasi-judicial or other
administrative bodies.
2. Upon assumption of office, must make a full
disclosure of financial and business interests.
Shall notify the House concerned of a
potential conflict in interest that may arise
from the filing of a proposed legislation of
which they are authors.

Disclosure of legislators of their assets,

liabilities, and networth
All members of the Senate and HoR shall, upon
assumption of office and as often thereafter as
may be required by law, submit a declaration
under oath of his assets, liabilities and net worth.

Sec. 15-16
Discipline of Legislators
Congressional Journal
Enrolled Bill Doctrine

Disciplinary power of Congress

Each house may punish its members for
disorderly behavior and, with concurrence of 2/3
of all its members, suspend, for not more than 60
days, or expel a member.