Political Law – is that branch of public which deals with theorganizations and operation of the governmental organs of the

State and defines

Constitutional Law – is the study of the maintenance of the proper balance between authority, as represented by the three inherent powers of
the State and liberty as guaranteed by the Bill of Rights. (Justice Isagani Cruz)

Constitution – the document which serves as the fundamental law of the state; -that body of rules and maxims in accordance with which
powers of sovereignty are habitually exercised. (Cooley) [comprehensive definition]

 Constitution of the Republic of the Philippines – is a (1) written instrument enacted by the direct action of the people by which the
(2) fundamental powers of the government are established, limited anddefined, and by which those powers are (3) distributed
among theseveral departments for their safe and useful exercise and for the benefit of the body politic.

REVISION/AMENDMENT OF CONSTITUTION

The Constitution can only be changed by: Amendment or revision (formal amendment) A change may also be effected when our courts of
justice interpret ambiguously worded provisions of the Constitution to make it conform with realities.

 Revision – it is the rewriting or overhauling of the entire instrument.

* A change may also be effected when our courts of justice interpretambiguously worded provisions of the Constitution to make it conform
with realities.

* 6,622,111 voters comprising 76.3 percent of the total votes cast - approved our Constitution in a national plebiscite held on 11 February
1987.

Revision Amendment
1. a change that alters a basic 1. change that adds,
principle in the reduces or deletes
Constitution, like altering without altering the
the principle of separation of basic principle
powers of the systems of involved.
checks and balances, or where 2. Generally affects only the
the change alters the specific provision being
substantial entirety of the amended.
Constitution, as when the
change affects substantive
provisions of the
Constitution.
2. Generally affects several
provisions of the
Constitution.

Two tests to determine whether the proposed change is a revision or amendment:

1. Quantitative Test – whether the proposed change is “so extensive” in its

provisions so as to change directly the “substantial entirety” of the Constitution by the deletion or alteration of numerous existing provisions.

2. Qualitative Test – inquires into the qualitative effects of the proposed change in the Constitution.

Two Modes of Revision the Constitution:

a) By the Congress, upon a vote of ¾ of all its Members; or

b) By a Constitutional Convention – if Congress chooses to call a Con-Con it may either:

i. Call a Constitutional Convention by a vote of 2/3 of all its members; or

ii. Submit to the electorate the question or calling such a body by a majority vote of all its members.

Three Modes of Amending the Constitution

1. By Congress, upon a vote of ¾ of all its Members; or

2. By a Constitutional Convention; or

3. By people’s initiative
Three Theories of a Constitutional Convention:

A. The powers of the ConCon are in the nature of sovereign powers, hence, it is more supreme over the other the other departments of the
government.

B. The ConCon is inferior to the other departments of the government because it derived its powers from the legislature which created it.

C. It is independent and co-equal with the other departments of government.

Ratification- The amendment to or revision of the Constitution must be submitted to the people in a plebiscite called for the purpose not
earlier than 60 days nor later than 90 days after the approval of such amendment or revision.

[LAMBINO AND AUMENTADO VS. COMELEC, G.R. NOS. 174153]

- Lambino Group's initiative is void and unconstitutional because it dismally fails to comply with the requirement of Section 2, Article XVII of the
Constitution that the initiative must be "directly proposed by the people through initiative upon a petition.

- Full text of the petition were not atached to the signature sheets

- Lambino’s Group clearly wants to revise the constitution not amend

- Lambino’s Group decieved the people by not providing the provisions.

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 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 watersnaround, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

The national territory of the Philippines comprises:

1) the Philippine archipelago

2) all other territories over which the Philippines has sovereignty or jurisdiction

 Philippine Archipelago – that body of water studded with islands which is delineated in the Treaty of Paris (1898), as amended by the
Treaty of Washington (1900) and the Treaty with Great Britain (1930).

- consists of its:

a. Terrestrial b. Fluvial c. Aerial domains

- including its

a. Territorial sea b. The seabed c. The subsoil d. The insular shelves; and e. The other submarine areas

* Internal Water – the waters around, between and connecting the island of the archipelago, regardless of their breath and dimensions. All
other Territories over which the Philippines has sovereignty or jurisdiction – includes any territory that presently belongs or might in the future
belong to the Philippines through any of the accepted international modes of acquiring territory.

Archipelagic Principle:

Two elements:

1. The definition of internal waters (supra)

2. The straight baseline method of delineating the territorial sea – consists of drawing straight lines connecting the outermost points on the
coast without departing to any appreciable extent from the general direction of the coast.

Territorial Sea – the belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on
the other, extending up to 12 nautical miles from the low water mark. (LOS)
Contiguous Zone – extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal State may exercise
jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws.

Exclusive Economic Zone – body of water extending up to 200 nautical miles, within which the state may exercise sovereign rights to explore,
exploit, conserve and manage the natural resources.

The State in the EEZ exercises jurisdiction with regard to:

1. the establishment and use of artificial island, installation, and structures;

2. marine scientific research;

3. the protection and preservation of marine environment

United Nations Convention on the Law of the Sea

- The Convention has substantial provision which help in the understanding of the constitutional text.

Some important concept found are the following;

Archipelagic State - means a State constituted wholly by one or more archipelagos and may include other island.

Archipelago – means a group of islands… form an intrinsic geographical economic and political entity, or which historically have been regarded
as such.

Territorial Sea - (supra)

Baselines - is the law-water line along the coast as mark on large scale charts officially recognized by the coastal State.

- A state exercises sovereignty over its territorial sea subject to the right of innocent passage by other states.

Innocent passage - is a passage not prejudicial to the interests of the coastal State nor contrary to recognized principles of international law.

Article 53 of the Convention says that “ archipelagic State may designate sea lanes and air routes there above, suitable for the continuous and
expeditious passage of foreign ships and aircraft through or over its archipelagic waters and the adjacent territorial sea.”