CONSTITUTIONAL LAW I REVIEW Ateneo de Davao College of Law | IV-Manresa 2020-2021 1

CONSTITUTIONAL LAW I REVIEW

Judge Gil A. De la Banda
Ateneo de Davao University College of Law

July 1, 2020 by Hannah Keziah P. Dela Cerna

TOPIC HEADING

Heading
Contents

ARTICLE I
NATIONAL TERRITORY

The national territory comprises the Philippine archipelago,

with all the islands and waters embraced therein, and all other
territories over which the Philippines have sovereignty and
jurisdiction, consisting of the terrestrial, fluvial and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. 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.

Bar Question 2003, No. 4. Lorem ipsum sit dolor amet. Lorem
ipsum sit dolor amet. Lorem ipsum sit dolor amet. Lorem ipsum sit
dolor amet. Lorem ipsum sit dolor amet. Lorem ipsum sit dolor
amet. Lorem ipsum sit dolor amet. Is B a citizen?

Answer: Lorem ipsum sit dolor amet. Lorem ipsum sit dolor amet.
Lorem ipsum sit dolor amet. Lorem ipsum sit dolor amet. Lorem
ipsum sit dolor amet. Lorem ipsum sit dolor amet. Lorem ipsum sit
dolor amet.

Heading
Contents

PETITIONER v. RESPONDENT
G.R. No. 143443, February 30, 2020

Facts:

SEE SAMPLE BELOW

Contributors: Abcde | Abcde | Abcde | Abcde |Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde
CONSTITUTIONAL LAW I REVIEW Ateneo de Davao College of Law | IV-Manresa 2020-2021 2

July 4, 2020 by Hannah Keziah P. Dela Cerna group of islands surrounded by waters or a body of waters studded
with islands. For this purpose, it requires that baselines be drawn by
connecting the appropriate points of the “outermost islands to
TERRITORY encircle the islands within the archipelago. The waters on the
landward side of the baselines regardless of breadth or dimensions
UNCLOS TERMS (RECAP) are merely internal waters.
1. Archipelagic Waters/Internal Waters – the waters around,
between and connecting the island[s] of the archipelago Yes, the archipelagic doctrine is reflected in the 1987 Constitution.
Note: Foreign ships CANNOT navigate without the consent, Article I, Section 1 provides that the national territory of the
except in hot pursuit Philippines includes the Philippine archipelago, with all the islands
and waters embraced therein; and the waters around, between, and
2. Territorial Sea – the waters within 12 nautical miles from the connecting the islands of the archipelago, regardless of their
baseline. This is part of the Philippine territory and the breadth and dimensions, form part of the internal waters of the
Philippines exercises full sovereignty over it but there is a Philippines.
right of innocent passage.
Innocent Passage, defined. - Passage is innocent Bar Question 2000, No. 19 What is the basis of the Philippine’s
so long as it is not prejudicial to the peace, good claim to a part of the Spratly islands? Discuss briefly.
order or security of the coastal State.
Suggested Answer: The basis of the Philippine claim is effective
Passage shall be continuous and expeditious. occupation of a territory not subject to the sovereignty of another
However, passage includes stopping and state. The Japanese forces occupied the Spratly Island group
anchoring, but only in so far as the same are during the Second World War. However, under the San Francisco
incidental to ordinary navigation or are rendered Peace Treaty of 1951 Japan formally renounced all right and claim
necessary by force majeure or distress or for the to the Spratlys. The San Francisco Treaty or any other International
purpose of rendering assistance to persons, ships Agreement, however, did not designate any beneficiary state
or aircraft in danger or distress. following the Japanese renunciation of right. Subsequently, the
Spratlys became terra nullius and was occupied by the Philippines
3. Contiguous Zone – the waters not exceeding 24 miles from in the title of sovereignty. Philippine sovereignty was displayed by
the baseline. State exercises control to prevent and punish open and public occupation of a number of islands by stationing of
breach of customs, immigration, and sanitary laws military forces, by organizing a local government unit, and by
awarding petroleum drilling rights, among other political and
4. Exclusive Economic Zone – the waters within 200 miles administrative acts. In 1978, it confirmed its sovereign title by the
from the baseline. State can explore, manage and exploit promulgation of Presidential Decree No. 1596, which declared the
living and non-living resources [freedom of navigation, right Kalayaan Island Group part of Philippine territory.
of over-flight]
(Lifted from 2014 TSN)
5. Continental Shelf – the seabed and sub-soil, which extends
throughout the natural prolongation of its land territory Do you consider the Spratlys Group of Islands as part of
Philippine Archipelago?
REPUBLIC v. PROVINCE OF PALAWAN
G.R. No. 170867, December 4, 2018 Spratlys Group of Islands is not part of the Philippine Archipelago
because it is too far away from the three main islands of the
Facts: The Republic of the entered into Service Contract with Shell Philippines. It is found, geographically, almost in the middle of the
Philippines Exploration B.V. and Occidental Philippines, Inc., for the South China Sea. It is not part of the Philippine Archipelago.
exclusive conduct of petroleum operations in the area known as Historically, when we talk about Philippine Archipelago, we refer to
"Camago-Malampaya" located offshore northwest of Palawan. those islands and waters that were ceded by the Spain to the United
States by virtue of Treaty of Paris in 1898. And that did not include the
The Provincial Government of Palawan asserted its claim over forty Spratlys Group of Islands yet. Under the treaty, the islands that were
percent (40%) of the National Government's share in the proceeds ceded by Spain were identified – the main islands – Luzon, Visayas
of the project. It argued that since the reservoir is located within its and Mindanao. Clearly, it did not include the Spratlys Group of Islands.
territorial jurisdiction, it is entitled to said share under Section 290 of
the Local Government Code. Do you consider the Spratlys group of Islands as part of our
National Territory?
Issue: Is the Province of Palawan correct? -NO.
Yes. Article I provides: “The national territory comprises the Philippine
Held: An LGU cannot claim territorial jurisdiction over an area archipelago, x xx, and all other territories over which the Philippines
simply because its government has exercised a certain degree of has sovereignty or jurisdiction, x xx.” The Spratlys Group of Islands
authority over it. “Territory" has reference only to the mass of land falls under the second phrase “and all other territories over which the
area and excludes the waters over which the political unit exercises Philippines has sovereignty or jurisdiction”. It is part of our national
control. territory because Philippines exercise sovereignty (through election of
Territorial jurisdiction is defined, not by the local government, but by public officials) over Spratlys Group of Islands.
the law that creates it; it is delimited, not by the extent of the LGU's
exercise of authority, but by physical boundaries as fixed in its Bar Question 2003, No. 19. What is outer space?
charter. If the marginal sea is not included in the LGU's territory,
with more reason should the continental shelf, located miles further, There are several schools of thought regarding the determination of
be deemed excluded therefrom. outer space, such as the limit of air flight, the height of atmospheric
space, infinity, the lowest altitude of an artificial satellite, and an
The United Nations Convention on the Law of the Sea does not, by altitude approximating aerodynamic lift. Another school of thought
the doctrine of incorporation or transformation, apply to the LGU. proceeds by analogy to the law of the sea. It proposes that a State
Thus, utilization of natural resources found outside the land area as should exercise full sovereignty up to the height to which an aircraft
delimited by law is not subject to the 40% LGU share. can ascend. Non-militant flight instrumentalities should be allowed
over a second area, a contiguous zone of 300 miles. Over that
Bar Question 1989, No. 20. Lorem ipsum sit dolor amet. Lorem should be outer space. The boundary between airspace and outer
ipsum sit dolor amet. Lorem What do you understand by the space has not yet been defined.
archipelagic doctrine? Is this reflected in the 1987 Constitution?
Outer space is the space beyond the airspace surrounding the
Suggested Answer: The ARCHIPELAGIC DOCTRINE emphasizes Earth or beyond the national airspace. In law, the boundary
the unity of land and waters by defining an archipelago either as a

Contributors: Abcde | Abcde | Abcde | Abcde |Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde
CONSTITUTIONAL LAW I REVIEW Ateneo de Davao College of Law | IV-Manresa 2020-2021 3

between outer space and airspace has remained undetermined. But islands, that the Philippines has lost its sovereignty and jurisdiction
in theory, this has been estimated to be between 80 to 90 over them. Is his contention correct? Explain
kilometers.
Outer space in this estimate begins from the lowest altitude an Judge’s Discussion: While a state is allowed to draw a baseline
artificial satellite can remain in orbit. Under the Moon Treaty of 1979 connecting the outermost points of the outermost islands. There are
the moon and the other celestial bodies form part of outer space. limitations. One of the limitations is that the island should not be as a
rule not more than 100 nautical miles from the main body of islands. It
In outer space, the space satellites or objects are under the will look unreasonable.
jurisdiction of States of registry which covers astronauts and
cosmonauts. This matter is covered by the Registration of Objects When you draw a baseline, the baseline should not distort the shape of
in Space Convention of 1974 and the Liability for Damage Caused the archipelago. It should not appreciably depart from the actual
by Spaced Objects Convention of 1972. configuration of the archipelago. If the island is too far, you are not
allowed to connect it by drawing a baseline.
Note: For legal purposes, the outer space is the portion that belongs to
no state at all. It is like the high seas. It is free for exploration by any What does the treaty provide? It provides for what we call as regime of
state, assuming that they have the capacity. islands, meaning, you are allowed to draw a baseline from that far
island. After you draw a baseline, actually it will generate its own
Territorial Sea v. Internal Waters [2014 BAR] exclusive economic zone and its own territorial sea. It will be a
somewhat a separate entity which is still under the jurisdiction of the
Territorial Sea Internal Waters coastal state.
Within 12 [nautical miles] from Waters in the baselines; water
the imaginary baseline; between the islands Question: Under the UNCLOS, what are the rights of the Philippines
within the following areas?
Examples: rivers, gulfs
Both are part of the Philippine territory, as we have sovereignty over In the contiguous zone, it is not part of the Philippine territory but we
these places. can enforce:
1. Immigration laws;
Contiguous Zone v. Exclusive Economic Zone 2. Sanitary laws; and
Contiguous Exclusive Economic Zone 3. Custom laws
To prevent smuggling, to prevent illegal aliens from entering, and to
Area which is only 24 [nautical] It is a zone extending up to 200
preserve the environment.
miles from the baseline. nautical miles from the baselines
of a state over which the coastal
In the EEZ, we can exploit living and non-living resources.
The extent is actually only 12 state has sovereign rights for the
[nautical] miles because first purpose of exploring and
Situation: In 2019, the President suddenly made an announcement.
extent is territorial sea. Next 12 exploiting, conserving and
When he went to China, he made an oral agreement with the president
miles is contiguous zone. managing the natural resources,
of China, that is to allow China’s fishermen within the disputed islands.
whether living or nonliving, of the
It is ADJACENT to the territorial waters superjacent to the
I raised a legal issue on this manner…
sea seabed and of the seabed and
subsoil, and with regard to other
Issue: Can the president allow Chinese fishermen within the EEZ,
activities for the economic
particularly the Recto Bank?
exploitation and exploration of
the zone.
Answer: This is a codal question. Article XII, Section 2, par 2:
You can exploit, explore and The State shall protect the nation’s marine wealth in its archipelagic
utilize all the living and non-living waters, territorial sea, and exclusive economic zone, and reserve its
resources. You can do scientific use and enjoyment exclusively to Filipino citizens.
research there under the
UNCLOS. Comment of Judge: If you look at it, it is really bad English. It is
redundant. It uses the word ‘exclusive’ twice. The framers of the
You can even lay down cable Constitution cannot be more empathic. It did not authorize anyone to
wires for the purpose of internet. enter into an agreement with foreigners to exploit the living and non-
The TELCOs can do that. living resources in those areas. That is what the Constitution is saying.

Note: the keyword is

“EXCLUSIVE”

Baseline – is a line from which the breadth of the territorial sea, the
contiguous zone and the exclusive economic zone is measured in
order to determine the maritime boundary of the coastal state.

Types of baseline:
a) Normal Baseline Method

b) Straight Baseline method – Imaginary straight lines are drawn

joining the outermost points of outermost islands of the archipelago,
enclosing an area the ratio of which should not be more than 9:1 (water
to land); provided that the drawing of baselines shall not depart, to any
appreciable extent, from the general configuration of the archipelago.
The waters within the baselines shall be considered internal waters,
while the breadth of the territorial sea shall then be measured from the
baselines
.
Question: Section 2 of RA 9522 declared the Kalayaan Island Group
of Islands (KIG) and Scarborough Shoal as regimes of islands.
Professor Agaton contends that since the law did not enclose such

Contributors: Abcde | Abcde | Abcde | Abcde |Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde
CONSTITUTIONAL LAW I REVIEW Ateneo de Davao College of Law | IV-Manresa 2020-2021 4

are already stateless. That is why you have to put it there so that those
CITIZENSHIP who are Filipino citizens will remain Filipino when they wake up the
following morning after the constitution has taken effect. So that has to
So I will begin the discussion of citizenship. I always start with the be a constant provision.
statement that if you ask me what is the favorite article of the examiner
in the Constitution, my answer is Article IV. Every year they ask a [2] Those whose fathers or mothers are citizens of the
question about citizenship. Philippines;
So it is enough that your father or mother is Filipino. Commentators will
The first thing that I want you to remember is this. If you classify from tell you that in the Philippines, we apply the jus sanguinis/sanguines
one angle (from the viewpoint of Political Law), if you classify the (sanguinis in other materials, sanguines in Judge’s ppt) principle.
people who are present in the country at the moment, this will come Once your mother or father is Filipino, you are automatically a Filipino.
out as the classification: You inherit citizenship by blood. That is bloodline citizenship.
1. Citizens Jus sanguinis, defined. (Latin of right of blood) - It is a principle of
a. Natural-born nationality law by which citizenship is determined or acquired by the
b. Naturalized nationality of one or both parents. It is a rule of law that a child's
c. Dual citizenship is determined by that of his or her parents.
2. Aliens
3. Stateless Individuals TECSON v. COMELEC
G.R. No. 161434, March 3, 2004
Why is classification important?
It is very important because the rights of individuals can vary Facts: Fernando Poe here is an illegitimate child of Filipino father
depending on whether they are natural-born, naturalized, aliens, or and alien woman. Petitioners in this case sought for respondent
stateless individuals. Poe’s disqualification in the presidential elections for having
allegedly misrepresented material facts in his (Poe’s) certificate of
Article 21, Family Code – the only law/section that mentions stateless candidacy by claiming that he is a natural-born Filipino citizen.
individuals According to petitioners, Poe was an alien.
Article 21. x x x
Stateless persons or refugees from other countries shall, in lieu of Held: The 1935 Constitution on Citizenship, the prevailing
the certificate of legal capacity herein required, submit an affidavit fundamental law on respondent’s birth, provided that among the
stating the circumstances showing such capacity to contract citizens of the Philippines are "those whose fathers are citizens of
marriage. the Philippines."

Years ago when Yugoslavia disappeared from the map, many Tracing respondent’s paternal lineage, his grandfather Lorenzo, as
individuals became stateless. evidenced by the latter’s death certificate was identified as a Filipino
Citizen. His citizenship was also drawn from the presumption that
We all know for instance, if you are natural-born, you have more rights having died in 1954 at the age of 84, Lorenzo would have been
than naturalized ones. All constitutional positions are reserved only for born in 1870. In the absence of any other evidence, Lorenzo’s place
natural-born citizens. You cannot be a Supreme Court justice. You of residence upon his death in 1954 was presumed to be the place
cannot become president or members of the constitutional of residence prior his death, such that Lorenzo would have
commissions. Naturalized ones, however, can run for governor or you benefited from the "en masse Filipinization" that the Philippine Bill
can be an MTC or RTC judge. But they cannot be Court of Appeals had effected in 1902. Being so, Lorenzo’s citizenship would have
justices. Dual citizens actually have more rights. We will discuss it later extended to his son, Allan---respondent’s father.
under the Dual Citizenship Law. But in most cases, they are actually
required to renounce it. Respondent, having been acknowledged as Allan’s son to Bessie,
though an American citizen, was a Filipino citizen by virtue of
Why is this important? This is important because some silly people in paternal filiation as evidenced by the respondent’s birth certificate.
Congress are questioning Lopez that he is a dual citizen, and so, he The 1935 Constitution on citizenship did not make a distinction on
should not operate a franchise. One thing you have to remember is the legitimacy or illegitimacy of the child, thus, the allegation of
this, when it comes to exploitation of natural resources (mining etc.) bigamous marriage and the allegation that respondent was born
are reserved to citizens of the Philippines. But the constitution does not only before the assailed marriage had no bearing on respondent’s
distinguish between natural-born, naturalized, or dual. You just have to citizenship in view of the established paternal filiation evidenced by
be a Filipino citizen. Like mass media, it requires to be 100% Filipino- the public documents presented.
owned, but it does not require you to be natural-born. Advertising, 70%
Filipino-owned. Advertising, 60% Filipino-owned. But all of these do not Judge’s Notes: [the father must be known, establish filiation]
require you to be natural-born. What they are doing is a waste of time. The Constitution does not distinguish whether child is legitimate or
illegitimate.
ARTICLE IV
CITIZENSHIP Judge’s Comment/discussion: Many decisions in the past that an
illegitimate child follows the citizenship of the mother. I think that is
SECTION 1. The following are citizens of the Philippines: based on common sense. We always know the mother. The mother
never denies that she is the mother. The usual problem is the father.
(1) Those who are citizens of the Philippines at the time
The father usually denies that he is such.
of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the The Supreme Court came up with a rule that the illegitimate child of a
Philippines; [jus sanguinis] Filipino father and an alien woman is a Filipino. The reason of the
(3) Those born before January 17, 1973, of Filipino Supreme Court is the constitution, which does not distinguish whether
mothers, who elect Philippine citizenship upon child is legitimate or illegitimate. Another issue is there will be a
reaching the age of majority; and problem of equal protection when it comes to public office. When an
illegitimate child has a father who is an alien but the mother is Filipina,
(4) Those who are naturalized in accordance with law.
he will be qualified to run for constitutional position, but if it is the
reverse, if it is the mother who is an alien, therefore he cannot run. You
[1] Those who are citizens of the Philippines at the time of the are therefore now violating the equal protection clause by accident of
adoption of this Constitution; birth.
If you look at the 1935 constitution, 1973, and the present one, you
Bar Question 2015, No. 12. Discuss the evolution of the principle
have to put subsection [1]. What is the reason for this? If you do not
of jus sanguinis as basis of Filipino citizenship under the 1935,
put that there, there will be a great danger. You wake up one day, you

Contributors: Abcde | Abcde | Abcde | Abcde |Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde
CONSTITUTIONAL LAW I REVIEW Ateneo de Davao College of Law | IV-Manresa 2020-2021 5

1973, and 1987 Constitutions. (3%) husband’s country gives you their citizenship, you forfeit Filipino
Answer: In 1935, there was a need of election of Philippine citizenship. That is why it is only required at the time of marriage,
citizenship if only the mother was Filipino. In 1973 and 1987, no mother is Filipina. The time of giving birth to you is immaterial.
more distinction. You need not elect. Sufficient that one of them is Bar Question 1993, No. 1. In 1964, Ruffa, a Filipina domestic
Filipino. helper working in HK, went to Taipeh for a vacation, where she met
Cheng Sio Pao, whom she married. Under Chinese Law, Ruffa
[3] Those born before Jan. 17, 1973 of Filipino mothers who elect automatically became a Chinese citizen. The couple resided in HK
Philippine citizenship upon reaching the age of majority; where in May 9, 1965, Ruffa gave birth to a boy named Earnest.
Take note of the date. That is so important. If you will miss the date in Upon reaching the age of majority Ernest elected Philippine
the question (in the bar exam), you will miss the answer. citizenship. Is Ernest Cheng a natural-born Filipino citizen?

Why is that date significant? Because January 17, 1973 Constitution Answer: Remember, no problem, he can elect. And we learn later
took effect. From that day on, there was no more distinction whether that those who elect Philippine citizenship are considered natural-
the mother or father is Filipino. The child is automatically a Filipino. born.
Implied in this provision is that when you did not elect Filipino
citizenship, You are not a Filipino citizen. You follow the citizenship of MCQ: The minimum requirement for a person born of a Filipino mother
your father. and an alien father before Jan. 17, 1973 to elect Philippine citizenship
is that his mother is/was a Filipino:
REPUBLIC v. LIM a. at the time of marriage to his father – CORRECT ANSWER
2004 b. at the time he was born
c. at the time he reaches the age of majority
Facts: The respondent, Chule Y. Lim, is an illegitimate daughter of d. at the time he actually exercises the right to elect Philippine
a Chinese father and a Filipina mother. The Republic through the citizenship.
Solicitor General avers that respondent did not comply with the
constitutional requirement of electing Filipino citizenship when she
reached the age of majority.

Held: It does not apply in the case of the respondent who was an
illegitimate child considering that her parents never got married. By
being an illegitimate child of a Filipino mother, respondent
automatically became a Filipino upon birth, and as such, there was
no more need for her to validly elect

Judge’s Discussion: It means that paragraph 2 will only apply to

legitimate children. When you look at it, it seems like there is nothing
wrong but when you examine it further, it is rather strange. Why
strange? I am thinking that it seems discriminatory in a different way. If
you are a legitimate child, to be a Filipino, you still have to elect
Philippine citizenship. You are putting the illegitimate child in a better
position than the legitimate child.

Bar Question 1990, No. 3. Y was elected Senator in the May 1987
national elections. He was born out of wedlock in 1949 of an
American father and a naturalized Filipina mother. Y never elected
Philippine citizenship upon reaching the age of majority. Is Y a
natural-born Filipino citizen?

Answer: He is a natural-born if based on the Lim case which came

later in 1994.

Bar Question 1996, No. 8. X was born [a legitimate child] in the

United States of a Filipino father and a Mexican mother. He
returned to the Philippines when he was 26 years of age, carrying
an American passport and he was registered as an alien with the
Bureau of Immigration. Was X qualified to run for membership in
the House of Representatives in the 1995 elections?

Answer: In here he was born under the 1935 Constitution, but we

have no problem because the father is a Filipino. The child is
automatically a Filipino. It turned out that he was carrying an
American passport, no problem. The fact stands that he is a
natural-born Filipino under the constitution. Thus, he is qualified.

Three Questions:
1. Who can elect?
2. When do you elect?
3. How do you elect?

1. Who can elect?

a. You must be a legitimate child (Republic v. Lim, 2004)
b. Mother is a Filipino, Father is an alien
c. Born prior to January 17, 1973 (born prior to 1973 constitution)

At what time must the mother be Filipino?

The seeming answer of one case is it is sufficient that she was Filipino
at the time of marriage. What is the reason for this? In the old days,
when you are a Filipino woman and your husband is an alien and if the

Contributors: Abcde | Abcde | Abcde | Abcde |Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde | Abcde