Constitutional Law

1. A Constitution is a legislation direct from the people; a statute is a legislation from the people’s representatives. A Constitution states general principles; a statute provides the details of the subject of which it treats. A Constitution is i ntended not merely to meet existing conditions; a statute is intended primarily to meet existing conditions only. A Constitution is the fundamental law of the State to which all other laws and statutes must conform. A statute is a written law passed by a legislature on the stateor federal level. Statutes set forth general propositions of lawtha t courts apply to specific situations. A statute may forbid acertain act, direct a certain act, make a declaration, or setforth gover nmental mechanisms to aid society. 2. What are the essential parts of a written Constitution? They are: (1) Constitution of liberty which provides for the civil and political rights of citizens and the limitations on the powers of government to secure those rights; (2) Constitution of government which provides for the organization of government, and enumerates the powers of the same; and (3) Constitution of sovereignty which provides the manner of changing the fundamental law as making amendments thereto. 5.ARCHIPELAGIC DOCTRINE: It is defined as all waters, around between and connecting different islands belonging to the Philippine Archipelago, irrespective of their width or dimension, are necessary appurtenances of its land territory, forming an integral part of the national or inland waters, subject to the exclusive sovereignty of the Philippines. It is found in the 2nd sentence of Article 1 of the 1987 Constitution. It emphasizes the unity of the land and waters by defining an archipelago as group of islands surrounded by waters or a body of waters studded with islands. To emphasize unity, an imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the basel ine form part of its territory. The main purpose of the archipelagic doctrine is to protect the territorial interests of an archipelago, that is, the territorial integrity of the archipelago. Without it, there would be “pockets of high seas” between some of our islands and islets, thus foreign vessels would be able to pass through these “pockets of seas” and would have no jurisdiction over them. Accordingly, if we follow the old rule of international law, it is possible that between islands, e.g. Bohol and Siquijor, due to the more than 24 mile distance between the 2 islands, there may be high seas. Thus, foreign vessels may just enter anytime at will, posing danger to the security of the State. However, applying the doctrine, even these bodies of water within the baseline, regardless of breadth, form part of the archipelago and are thus considered as internal waters. Following the Archipelagic Doctrine, the Spratlys Group of Islands is not part of Philippine archipelago. It is too far to be included within the archipelagic lines encircling the internal waters of Philippine Archipelago. However, the SGI is part of the Philippine territory because it was discovered by a Filipino seaman in the name of Vice ‐Admiral Cloma who later renounced his claim over it in favor of the Republic of the Philippines. Subsequently, then Pres. Marcos issued a Presidential Decree constituting SGI as part of the Philippine territory and sending some of our armed forces to protect said island and maintain our sovereignty over it. Moreover, Spratlys group of Islands is considered as part of our National Territory. Article I of the Constitution provides: “The national territorycomprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovere ignty or jurisdiction, x x x.” The Spratlys Group of islands falls under the second phrase “and all other territories over which the Philippines has sovereignty or jurisdiction”. It is part of our national territory because Philippines exercise sovereignty (through election of public officials) over Spratlys Group of Islands 6. Second, the classification of KGI and Scarborough Shoal as Regime of Islands is consistent with the Philippines’ sovereignty. Had RA 9522 enclosed the islands as part of the archipelago, the country will be violating UNCLOS III since it categorically stated that the length of the baseline shall not exceed 125 nautical miles. So what the legislators did is to carefully analyze the situation: the country, for decades, had been claiming sovereignty over KGI and Scarborough Shoal on one hand and on the other hand they had to consider that these are located at non-appreciable distance from the nearest shoreline of the Philippine archipelago. So, the classification is in accordance with the Philippines sovereignty and State’s responsible observance of its pacta sunt servanda obligation under UNCLOS III. ---Having 15,000 square nautical miles of Philippine waters outside of our baselines, to reiterate, does not translate to a surrender of these waters. The Philippines maintains its assertion of ownership over territories outside of its baselines. 15. A republican government is one in which the people—directly or indirectly—are the ultimate source of authority, electing representatives to make laws that serve their interests and advance the common good.  The power and authority of government comes from the people, not some supreme authority, or king.  The rights of the people are protected by a written constitution and through the vote of the people.  The citizens give power to elected representatives, based on majority rule, to serve their interests and act on their behalf.  The representatives are responsible for helping all the people in the country, not just a few people.  The stability of government rests with the people and is dependent on civic involvement. 17-25. NATIONAL ECONOMY AND PATRIMONY

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. Sec. 1. GOALS OF THE NATIONAL ECONOMY (Three-fold goal) 1.More equitable distribution of opportunities, income and wealth; 2.Sustained increase in the amount of goods and services produced by the nation for the benefit of the people; 3.Expanding productivity, as the key to raising the quality of life for all. The State shall promote industrialization and full employment 1. It should be based on sound agricultural development and agrarian reform 2. It should be through industries that make full and efficient use of human and natural resources. Industries should also be competitive in both domestic and foreign markets. Protection of Filipino enterprises The State shall protect Filipino enterprises against unfair foreign competition and trade practices. Role of Private Enterprises: Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership 19. Section 2. REGALIAN DOCTRINE: The Regalian Doctrine and the Philippine Constitution The Regalian Doctrine is enshrined in the 1987 Philippine Constitution and the country’s earlier Constitutions. In the 1987 Constitution, Section 2 of Article XII (National Economy and Patrimony) provides the following:

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The abovementioned provision provides that except for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full control and supervision albeit allowing it to enter into

coproduction, joint venture or production-sharing agreements, or into agreements with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development, and utilization. 18. Distinction between Imperium and Dominium. 1. Imperium:Government authority possessed by the State which is appropriately embraced in sovereignty. 2. Dominium: 1.The capacity of the State to own and acquire property. 2. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of lands and other natural resources. General Rule: All natural resources CANNOT be alienated. Exception: Agricultural lands Exploration, Development and Utilization of Natural Resources: Shall be under the full control and supervision of the State. A. The state may DIRECTLY UNDERTAKE such activities. B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with a Filipino citizen or Corporation or association at least 60% of whose capital is owned by such citizens. 3. Limitations: Period: It should not exceed 25 years, renewable for not more than 25 years Small-scale Utilization of Natural Resources 1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens 2.Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in the rivers, lakes, bays and lagoons. Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils 1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in accordance with the general terms and conditions provided by law. 2. They should be based on the real contributions to economic growth and general welfare of the country.3. In the agreements, the State should promote the development and use of local scientific and technical resources. 4. The President should notify Congress of every contract under this provision within 30 days from its execution. 5. Management and service contracts are not allowed under this rule. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO Agricultural, Forest/timber, Mineral lands & National Parks Note:1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the President, upon recommendation by the DENR. 2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is denuded does not mean it is no longer forest land. Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands. 2. For Filipino citizens Means by Which Lands of the Public Domain Become Private Land 1.Acquired from government by purchase or grant;2.Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial;3.Open,exclusive,and undisputed possession of alienable (agricultural) public land for a period of 30 yrs. A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or other sanction. B. Here, in possession since time immemorial, presumption is that the land was never part of public domain. C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land D. Presumption is that land belongs to the State.

Section 7. PRIVATE LANDS General rule 1. Private lands CAN only be transferred or conveyed to: A. Filipino citizens B. Corporations or associations incorporated in the Philippines, at least 60% of whose capital is owned by Filipino citizens 2. Exceptions: A. In intestate succession, where an alien heir of a Filipino is the transferee of private land. B. A natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of PRIVATE ALND, subject to limitation provided by law. Hence, land can be used only for residential purposes. In this case, he only acquires derivative title. C. Foreign states may acquire land but only for embassy and staff residence purposes. 3. Filipino citizenship is only required at the time the land is acquired. Thus, loss of citizenship after acquiring the land does not deprive ownership. 4. Restriction against aliens only applies to acquisition of ownership. Therefore: A. Aliens may be lessees or usufructuaries of private lands B. Aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale. 5. Land tenure is not indispensable to the free exercise of religious profession and worship. A religious corporation controlled by non-Filipinos cannot acquire and own land, even for religious purposes.  The universal rule that where the State gives its consent to be sued by private parties either by general or special law, it may limit claimants action only up to the completion of proceedings anterior to the stage of execution and that the power of the Courts ends when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment to satisfy such judgments, is based on obvious considerations of public policy. Disbursements of public funds must be covered by the corresponding appropriations as required by law. The functions and public services rendered by the State cannot be allowed to be paralyzed or disrupted by the diversion of public funds from their legitimate and specific objects.

 The doctrine of state immunity from suit is also applicable to complaints filed against officials of the state for acts performed by them in the discharge of their duties. A public officer who is sued in connection with the performance of his duties may properly invoke the doctrine, when 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. The rule is that if the judgment against such official will require the state itself to perform an affirmative act to satisfy the same, such as the appropriation of the amount needed to pay the damages awarded against him, the suit must be regarded as against the state itself although it has not been formally impleaded (United States of America v. Reyes, 219 SCRA 192 [1993]). In short, there can be no execution of judgment against government funds or properties. The claim should be presented for payment with the Commission on Audit. This rule is, however, subject to exception, such as when the official is sued in his personal or private capacity for acts done with malice or in bad faith, or when the official does unauthorized or illegal acts or goes beyond the scope of his authority, or commits a crime, in which case, the principle of state immunity from suit does not apply and the official concerned may be held personally liable therefor. The rule does not apply where the public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others. Public officials are not exempt, in their personal capacity, from liability arising from acts committed in bad faith. Doctrine of Incorporation__ It means that the rules of Interna tional law form part of the law of the land and no legislative action is required to make them applicable in a country. By this doctrine, the Philippines is bound by generally accepted principles of international law, which are considered to be automatically part of our own laws. 25. Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos. In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos. The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities. Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines. Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive. Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed. Only the rich could take advantage of the limit of 40% of foreign equity in any public utility. Only the rich could buy 100% of the equity of a mass media enterprise, since foreigners were not allow to own even 1%. “Filipino First” actually spawned a good number of oligopolistic industries which have kept prices of domestic goods or services unreasonably high. That leads us to the second reason for the amendments: 2) Promote market efficiency based on the competency of producers and the enhancement of consumer welfare. If we have less barriers to entry by foreigners who have the capital into our vital industries, the greater competition that will be faced by the local producers will benefit the Filipino consumers. Greater competition can also benefit our export-oriented industries: 3) Enhance international competitiveness by meeting trade agreement obligations and increasing foreign investments.  The 1987 Constitution prohibits foreign ownership of land while there is also restrictions in terms of business ownership with foreign equity being limited at 40 percent and the other 60 to Filipino citizens or corporations. Lacson said that such limitations lead to foreigners resorting into a "dummy arrangement" in order to "comply" with the Philippine Constitution.