Chapter 1  Previous Constitutions:  American Colonization  United States formally withdrew

Constitutions of 1935 and 1973,  Filipinos deluded into believing sovereignty over the Philippines on
 Scope of the Study which served as working drafts, are Americans were allies.
July 4, 1946.
 Political Law: Deals with integral.
 Treaty of Paris (December 10,
 President Manuel A. Roxas
organization and operations of  Influence of the U.S. Constitution: 1898): Spain ceded Philippines to
proclaimed the Republic of the
governmental organs of the State. Relevant parts, like the Bill of Philippines.
the United States.
 Defines relations of the State with Rights, and rulings of the U.S.
 Filipino resistance to American
inhabitants of its territory. Supreme Court considered due to
colonization.  Post-Independence Challenges
incorporation in the Philippine
 Includes Constitutional Law I and Constitution.  Philippine-American War ended  Philippines experienced erratic
II, Administrative Law, Law of course leading to near-anarchic
Public Officers, Election Law, and  Interpretation Principle: Imported with American victory.
system.
Law on Municipal Corporations. provisions of law interpreted in the  Transition to Civilian Rule
light of their understanding in the  Corrupted by decadent "haves" and
 Constitutional Law I focuses on  Americans organized a military subverted by discontented "have-
country of origin.
structure and powers of the government initially. nots."
Government of the Republic of the  Schurman Commission and Taft  Deteriorating conditions led to mass
Philippines.  Background of the Study Commission: Transition from demonstrations, some violent,
 Covers basic concepts such as  Origins of Philippine Inhabitants: military to civilian rule. organized particularly by student
nature of the State, supremacy of Originally disparate tribes scattered  Civil government established on groups.
the Constitution, separation of across more than 7,000 islands. July 4, 1901, with William Howard
powers, and rule of the majority.  Governance before Foreign Rule: Taft as first governor.  Constitutional Convention of 1971
Tribes governed by systems of laws
  Convened amidst unrest to revise
Necessity for the Study promulgated by datu or councils of  Establishment of Bicameral Legislature the 1935 Constitution and fashion
elders, bound mainly by commercial
 Required Subject: Political Law is
ties.  Philippine Assembly created in the Constitution of 1973.
included in the law course 1907, Sergio Osmena elected
curriculum.  Spanish Colonization: Discovery Speaker.
by Magellan in 1521 brought  Martial Law and the 1973 Constitution
 Citizens' Understanding: Every  Jones Law (1916): Established
citizen should understand
Philippines under Spanish rule for  September 21, 1972: President
over 300 years. Philippine Legislature with Senate
Ferdinand E. Marcos declared
government mechanics and and House of Representatives.
motivations.  Development of Unity: Abuses by martial law due to intensification of
government and friars during
 Manuel L. Quezon elected subversive movement.
 Sovereignty and Public
Spanish rule led to a sense of unity
President, Sergio Osmena elected
 November 30, 1972: Draft of the
Involvement: Sovereignty resides Speaker.
among natives. 1973 Constitution approved by
in the people, and government
authority emanates from them.  Rise of Nationalism: Rizal and Constitutional Convention.
other propagandists ignited  Commonwealth Era  January 10-15, 1973: Submitted to
 Active Involvement: Success of the
nationalism, leading to the  Tydings-McDuffie Act (1935): Citizens Assemblies for ratification.
Republic of the Philippines depends
on active involvement in public
Philippine Revolution. Established the Commonwealth of  January 17, 1973: Proclamation No.
the Philippines. 1102 announced ratification of the
affairs by every Filipino.
 Philippine Revolution  Constitution of 1935 ratified on Constitution of 1973 by
 Educational Mandate: All
May 14, 1935. overwhelming majority.
educational institutions must  Started by Bonifacio, won under
include the study of the Constitution Aguinaldo's generalship.  Commonwealth Government
as part of the curricula  Ended Spanish sovereignty in the
inaugurated on November 15, 1935,  Legal Challenges
with Quezon as President and
Philippines.  Validity of the 1973 Constitution
Osmena as Vice-President.
 Proclaimed Philippine independence raised in Ratification Cases,
 Basis of the Study on June 12, 1898. dismissed by the Supreme Court.
 World War II and Japanese Occupation  Habeas Corpus Cases: Supreme
 Constitution: Study primarily  Established the First Philippine
based on the 1987 Constitution of Republic on January 21, 1899, with  Filipinos demonstrated capacity for Court unanimously upheld the
the Philippines. Aguinaldo as President. democratic government during proclamation of martial law by the
World War II. President of the Philippines.
 Additional Considerations:  Malolos Constitution: First
 Second Republic of the Philippines
Pertinent statutes, executive orders, democratic constitution in Asia,
led by President Jose P. Laurel
 End of Martial Law
decrees, judicial decisions, and established a parliamentary system
current political events. with the President as head of during Japanese occupation.  January 17, 1981: President Marcos
government.  Independence and Republic lifted martial law but retained
 "standby legislative powers" under  Arroyo sought another term in 2004,  Length: Excessively long compared
earlier decrees. despite earlier promise not to. to previous Constitutions.
 Proclaimed winner amid allegations  Restoration of Provisions: Many
 Questionable Resignation and "Snap" of widespread cheating. original provisions from 1935
Election  Escalating street protests after Constitution restored, particularly
 President Marcos submitted a release of Garci Tapes allegedly regarding legislative and executive
resignation effective after implicating her in electoral fraud. departments.
proclamation of winners in a "snap"  Strengthened Judiciary:
election.
 Impeachment Attempts and Corruption Chapter 2
Independence of judiciary
 Election challenged in court but Charges strengthened with new provisions
petition denied. for appointment and increased
 Three impeachment complaints  Constitutional History authority.
 Election held on February 7, 1986, filed against her but all dismissed by
resulting in proclamation of Marcos House of Representatives.
 Commonwealth Constitution  Retention of 1973 Constitution
and Tolentino amid allegations of (1935): First fundamental law after Provisions: Includes provisions on
irregularities.  Charges of corruption hounded her independence. Constitutional Commissions and
second term.
 Constitution of 1973: Enforced local governments.
 People Power Revolution  State of Emergency and Supreme Court during Marcos regime amid martial  Improved Bill of Rights: Bill of
Nullification law. rights improved and bolstered with
 February 22, 1986: Defense
Minister Enrile and General Ramos  2006: Arroyo declared state of  Freedom Constitution (1986): creation of Commission on Human
emergency under Proclamation No. Proclaimed after people power Rights.
began the "people power"
revolution. 1017. upheaval, aimed at correcting past
 Led to ousting of President Marcos  Supreme Court nullified several acts injustices.  Criticism of Verbosity
and installation of President and portions of Proclamation.  Inclusion of Statutory Provisions:
Corazon Aquino and Vice-President  Post-Presidential Career and Legal  Creation of Constitutional Commission Includes provisions that should have
Salvador Laurel on February 25, Challenges  President Corazon Aquino created been in implementing statutes.
1986. 
 Arroyo won seat in House of Constitutional Commission via Verbose Language: Constitution is
 New Constitution and Reorganization Representatives in 2010 despite Proclamation No. 9. verbose and full of platitudes,
 Promulgation of provisional pending criminal charges.  Composed of fifty members, dampening popular interest.
"Freedom Constitution" by  Successor Benigno Aquino III appointed to frame a new charter by  Inclusion of Non-Constitutional
President Aquino. assumed office in 2010 amid September 2, 1986. Topics: Contains topics like sports,
 Constitutional Commission drafted criticisms of lack of executive  Chaired by Justice Cecilia Munoz- love, drugs, and advertising, which
new charter ratified in a plebiscite experience. Palma, formerly of the Supreme are deemed inappropriate for a
on February 2, 1987.  Aquino elected amidst perceived Court. Constitution.
 Elections for Congress held on May rejection of Arroyo regime and as  Draft approved on October 15,
11, 1988, and reorganization of affirmation of Corazon Aquino's 1986, recommended plebiscite
government followed as per the new popularity. within three months.  Complex Language: Some
constitution.  Ratification Process provisions use tortuous language,
making understanding difficult.
 Plebiscite held on February 2, 1987.
 Subsequent Elections and Political Events
 Campaign led by President Aquino  Concerns about Understanding and
 May 11, 1992: General elections to restrict presidential powers.
held, Fidel V. Ramos elected Ratification
 Opposition disorganized and
 Doubtful if people truly read and
President.
ineffective.
 1998: Joseph Estrada elected
 Despite doubts about provisions and
understood the Constitution before
President but impeached in 2001 ratifying.
length, 76.29% voted to ratify, with  Despite flaws, proponents argued its
and replaced by Gloria Macapagal
22.74% against.
Arroyo. main function was to replace the
 Arroyo faced challenges including Freedom Constitution and pave the
the Oakwood Mutiny but quelled way for stability and normality.
the rebellion.
 Features of the Constitution
 Potential for Amendment or Revision
 2004 Election Controversy
  Consideration for amendment or  Elements of a State  The concept of an "associative relationship"
revision under Article XVII in a less  People, territory, government, and between the Government of the Republic of the
tense and more amiable atmosphere. Philippines (GRP) and the Bangsamoro
sovereignty are essential elements.
Juridical Entity (BJE) was considered
 Criteria for Establishing a State unconstitutional.
Supremacy of the Constitution  The Montevideo Convention  The elements of a State include people,
 The Constitution is the basic and paramount specifies criteria for establishing a territory, government, and sovereignty.
law. State: a permanent population,  Some writers suggest two additional elements
defined territory, government, and
 All other laws must conform to it, and all
capacity to enter into relations with
for a State: recognition and possession of a
individuals, including top officials, must defer sufficient degree of civilization.
other states.
to it.  People: Refers to the inhabitants of the State
 Even noble intentions cannot justify acts
 Case Example and must be numerous enough to be self-
conflicting with the Constitution.  In The Province of North Cotabato sufficing and defend themselves.
 The Constitution must always remain supreme. v. The Government of the Republic  The population of states ranges from over one
of the Philippines Peace Panel on billion in China to a few hundred thousand in
 Expediency and greed for power should not Ancestral Domain, the Supreme mini-States like Qatar.
weaken its strength or integrity. Court considered these elements in
 Regardless of opinions, the Constitution must declaring unconstitutional a  The people are more comprehensive and less
proposed Memorandum of cohesive than the nation, which is bound
be upheld until changed by the sovereign
Agreement on the Ancestral together by common attractions and repulsions
people.
Domain between the Government of into a living organism.
 Disregard for the Constitution may lead to the
usurpation of law's majesty by illegitimate the Republic of the Philippines and  A nation is characterized by a common pulse,
the Moro Islamic Liberation Front. intelligence, inspiration, history, and fate.
power.
 The proposed Memorandum of Agreement on  Territory: Refers to the fixed portion of the
\
the Ancestral Domain (MOA-AD) aimed to earth inhabited by the people of the State.
acknowledge the "Bangsamoro" identity and  It must be of a practical size, neither too large
grant self-governance rights to the Moro nor too small to administer and defend
Chapter 3 Islamic Liberation Front. effectively.
 It defined the territory of the Bangsamoro  Legally, territory can range from vast expanses
 Definition of the State homeland to include land, maritime, terrestrial, like Russia and China to small areas like Abu
and aerial domains in the Mindanao-Sulu- Dhabi.
Prospects of the Constitution  The State is a community of persons Palawan region.
occupying a fixed territory with an  Components of territory include the land mass
 The Constitution should be quintessential,  The MOA-AD specified joint jurisdiction over (terrestrial domain), inland and external waters
representing the core rather than superficial independent government for
political ends. territorial waters between the Bangsamoro (maritime and fluvial domain), and the air
aspects. Juridical Entity (BJE) and the Central
 Inhabitants render habitual space above the land and waters (aerial
 It serves as the root, base, and framework for Government, with particular emphasis on domain).
the edifice yet to rise. obedience to the government. resource sharing.
  Article I of the Constitution: Defines the
 It's the core of a dream that must gradually take Distinction Between State and Nation  It granted the BJE the right to enter into national territory of the Philippines.
shape over time.  The term "nation" is often used economic cooperation and trade relations with
 The national territory comprises the Philippine
foreign countries and establish trade missions.
 The Constitution cannot instantly create a interchangeably with "State," but archipelago, including all islands and waters
perfect society but must evolve with Filipino they have different connotations.  The Supreme Court described the relationship within it, and other territories over which the
minds and hearts.  A nation implies a common race, between the Central Government and the BJE Philippines has sovereignty or jurisdiction.
as "associative," resembling transitional
 It must develop sinews and gather strength over language, and customs, while the  Components of the national territory include
State is a legal concept. arrangements seen in former colonies moving
time. terrestrial, fluvial, and aerial domains,
towards independence.
 It cannot emerge fully formed but must grow  A nation may comprise several territorial sea, seabed, subsoil, insular shelves,
states, and a single state may  The BJE was considered to meet the criteria of and other submarine areas.
with society and march with the progress of the
include multiple nations. a state under the Montevideo Convention,
nation.
including a permanent population, defined  The waters surrounding, between, and
 It draws dynamism and vitality from the  Difference Between State and Government territory, government, and capacity to enter into connecting the islands of the archipelago are
vicissitudes of history to remain a pulsing,  The government is an element of the relations with other states. considered internal waters of the Philippines.
living law attuned to the nation's heartbeat. State, serving as its agent.  The proposed Memorandum of Agreement on  The provision emphasizes the archipelago
 The State is abstract, and the the Ancestral Domain (MOA-AD) was deemed doctrine, which considers the entire archipelago
government externalizes and unconstitutional by the Supreme Court. as one integrated unit.
articulates its will.
 It affirms the definition of territorial seas  Including Scarborough Shoal and  Such delineation adheres strictly to
according to the Jamaica Convention on the  Sovereignty and International Law: KIG in Philippine archipelago under UNCLOS III, gaining international
Law of the Sea, ratified in 1994. RA 9522 would breach UNCLOS community's acceptance.
 Sovereignty does not negate the
 The Philippines is a signatory to the application of municipal and
III provisions.  UNCLOS III favors States with
Convention on the Territorial Sea and the international law norms in territorial  Article 47(3) requires long coastlines like the Philippines,
Contiguous Zone (UNCLOS I), which seas or archipelagic waters. baselines to not depart granting them exclusive rights to
influenced the passage of Republic Act No. appreciably from general exploit resources within their
 Political branches of the Philippine
3046 in 1961, demarcating maritime baselines configuration of exclusive economic zone up to 200
government can pass legislation to
of the Philippines as an archipelagic state. archipelago. nautical miles while preserving
regulate sea lanes passage within
 Republic Act No. 5446 corrected typographical archipelagic waters.  Article 47(2) limits traditional freedom of navigation.
errors and reserved the drawing of baselines baseline length to 100
 Bills for drawing nautical highways
around Sabah in North Borneo.
for sea lanes passage are pending in
nautical miles, with  Baselines Laws and UNCLOS III:
 In 1984, the Philippines ratified UNCLOS III, Congress.
exceptions up to 125
 Baselines laws like RA 9522 are
which dictates baselines for archipelagic states nautical miles.
like the Philippines.
 Innocent Passage Rights:
 Despite Philippines' consistent
enacted by UNCLOS III States
parties to mark specific basepoints
 RA 9522 amended RA 3046 to align with  In the absence of municipal sovereignty claims, KIG and along coasts for drawing baselines.
legislation, international law norms Scarborough Shoal are appreciably
UNCLOS III, optimizing baselines and
(codified in UNCLOS III) grant
 Article 48 of UNCLOS III
classifying territories like the Kalayaan Island distant from nearest shoreline,
emphasizes that the breadth of
Group (KIG) and Scarborough Shoal as innocent passage rights over violating UNCLOS III.
maritime zones shall be measured
"regimes of islands." territorial seas or archipelagic
from archipelagic baselines drawn
waters.
 Petitioners challenged RA 9522, alleging  Congress' Decision: in accordance with Article 47.
 Right of innocent passage is a
territorial reduction and maritime passage
customary international law,  Classifying KIG and Scarborough  Baselines laws serve as statutory
implications, citing constitutional violations. Shoal as 'Regime of Islands' under mechanisms for UNCLOS III States
automatically incorporated into
 The Supreme Court rejected claims of Philippine law. Philippine jurisdiction aligns with parties to precisely delimit their
territorial loss, clarifying that UNCLOS III UNCLOS III, fulfilling pacta sunt maritime zones and continental
doesn't affect territorial acquisition or loss but  No modern State can completely servanda obligation. shelves, notifying the international
forbid innocent passage without community of their treaty-based
regulates sea-use rights.
risking international retaliatory  Under Article 121 of UNCLOS III,
 Traditional international law governs territory rights.
measures. areas of land surrounded by water,
acquisition, not UNCLOS III or its baseline such as portions of KIG, qualify as
laws. 'regime of islands' generating own
 States acquire or lose territory through
 Rights of Archipelagic States: maritime zones.
occupation, accretion, cession, and  Archipelagic States are subject to  Clarifications by Supreme Court:
prescription, not multilateral treaties or statutes both innocent passage and sea lanes
passage rights.
 Petitioners' argument that KIG lies  Territorial Boundaries and Baselines:
on sea-use rights.
outside Philippine territory due to
 Petitioners claimed RA 9522 opens internal  These rights were granted under RA 9522's baselines is refuted by  Even if the Philippine territory
waters to maritime passage, undermining UNCLOS III as a concession in the law itself. embraces islands and waters within
sovereignty, national security, and violating the exchange for the right to claim all the area delimited in the Treaty of
waters within their baselines as
 Section 2 of RA 9522 affirms
Paris, baselines must be drawn in
nuclear-free policy.
archipelagic waters under their Philippines' sovereignty and
 They argued that RA 9522 converts internal accordance with RA 9522 to
territorial sovereignty. jurisdiction over KIG and
waters into archipelagic waters, subjecting conform with UNCLOS III.
Scarborough Shoal.
them to UNCLOS III's innocent passage rights,  Recognizing archipelagic waters as  Baselines are drawn from outermost
posing hazards. a cohesive entity prevents treating islands and drying reefs of the
 The Supreme Court clarified that whether islands separately under UNCLOS archipelago, not from boundaries or
III, thus avoiding separate maritime other portions of the Treaty of Paris
termed internal or archipelagic waters, the
zones between islands beyond delineated area.
Philippines holds sovereignty over waters
territorial sovereignty.
within baselines.  Refutation of Claims:
 UNCLOS III acknowledges an archipelagic  Inclusion in Philippine Territory:
 Territorial Diminution Argument:  Demarcation of baselines under RA
state's sovereignty over waters enclosed by 9522 allows Philippines to delimit  Philippines, like most States,
baselines, including airspace, seabed, and  Supreme Court rejected arguments its exclusive economic zone, includes insular shelves in its
subsoil. on territorial diminution due to RA ensuring exclusive exploitation of territory, which are under
 The regime of archipelagic sea lanes passage 9522's adherence to UNCLOS III's resources within. jurisdiction but not sovereignty of
doesn't affect the status of archipelagic waters, framework. the coastal state.
preserving the state's sovereignty over them.
 Definition of Philippine Territory: 3. Regulating property holding, transmission, and  Obligatory Functions of the State: the family as a basic social
interchange. institution.
 Territories defined under various  State is mandated to promote social
treaties and agreements: 4. Determining contractual rights. justice, provide social services for
5.  Case: Soriano v. Laguardia:
 Ceded to the United States by the Treaty of Defining and punishing crimes. rising standard of living, protect
Paris (1898). 6. Administering justice in civil cases.
labor, implement reform programs,  Petitioner questioned the lawfulness
ensure education, promote scientific of suspending his religious
 Defined in treaty between the United States and 7. Handling political duties, privileges, and research, patronize arts and culture television program by the Movie
Spain (1900), including Cagayan, Sulu, and citizen relations. for national identity. and Television Review and
Sibuto islands. 8. Dealing with foreign powers, preserving the  These functions, previously Classification Board.
 Defined in treaty between the United States and State from external danger, and advancing regarded as optional, are now  Claimed violation of freedoms of
Great Britain (1930), including Turtle and international interests. compulsory by the Constitution. speech and religion, arguing that the
Mangsee islands. suspension amounted to censorship.
 Batanes island covered under a general Ministrant Functions:  Non-self-executing Provisions:  Supreme Court rejected petitioner's
statement in the 1935 Constitution.  Undertaken to advance the general  General provisions of Articles II contentions after finding that he had
interests of society, such as public uttered expletives during prime
 Territories contemplated in the phrase
works, public charity, and
(Declaration of Principles and State
time, exposing children to
"belonging to the Philippines by historic right Policies) and XIII (Social Justice
regulation of trade and industry. inappropriate language.
or legal title" in the 1973 Constitution. (Res. of and Human Rights) are not self-
the Constitutional Commission No. 21, July 1,
 These functions are optional and executing.
distinguish paternalistic government  These provisions are not sources of  Exception to Censorship:
1986)
from individualistic government, enforceable rights but serve as  Court recognized exceptions to the
which focuses solely on maintaining guides for formulating and rule against censorship, citing the
 Definition of Government: peace and order. interpreting implementing necessity of protecting the welfare
 Government is the agency through legislation. of children.
which the will of the State is Relevance of Constituent and Ministrant
Functions in Jurisdiction:
 Petitioner's offensive language,
formulated, expressed, and realized.
 Doctrine of Parens Patriae: easily accessible to children, posed
 International law doesn't prescribe a  In the Philippines, the distinction a risk of exposure to unacceptable
specific form of government as long between constituent and ministrant
 Government acts as parens patriae,
language.
as it can represent the State in functions is not considered relevant or guardian of the rights of the
dealings with other States. by the Supreme Court. people.
 In Government of the Philippine  Government Interest in Regulation:
 Philippine Constitution requires the  Rulings in cases such as PVTA v.
government to be democratic and CIR and ACCFA v. Federation of Islands v. Monte de Piedad, the  Welfare of children and the State's
republican. Labor Unions highlight that the government filed a case to recover mandate as parens patriae to protect
distinction has been blurred due to contributions intended for and care for them constituted
 State vs. Government: earthquake victims but deposited substantial and compelling
the repudiation of laissez-faire
 The State is an ideal person, policy in the Constitution. with a bank. Supreme Court upheld government interests.
existing only in contemplation of the government's right to sue on  Regulation of petitioner's utterances
law, while the government is its behalf of legitimate claimants. in TV broadcast justified under PD
agent.  Modernization of Government Functions:
1986 to uphold welfare of children.
 Mandate of the government is to  Chief Justice noted the growing  Example in Cabanas v. Pilapil:
complexity of modern society,
promote the welfare of the people.
rendering traditional classifications  Government, acting as parens  Case: De la Cruz v. Gracia:
 Good deeds by the government are
of government functions unrealistic. patriae, chose the mother of an  Supreme Court allowed registration
attributed to the State, while harm illegitimate child as trustee of
inflicted on the people is imputed to  Areas previously left to private insurance proceeds left by the
of an illegitimate child using the
enterprise are now absorbed within surname of his deceased father,
the government alone. father, despite the father's express citing the Family Code's policy to
government activities due to
 Functions of Government: increasing social challenges.
designation of the uncle. liberalize rules on paternity
  Supreme Court prioritized the best investigation.
Government performs two types of functions:  Constitution adopted a national interest of the child, stating that the
constituent and ministrant. policy of promoting social justice,  State, as parens patriae, affords
judiciary, as an agency of the State, special protection to children from
 Constituent functions are compulsory and obligating the State to provide must accord priority to the minor's abuse, exploitation, and conditions
include: social services, protect labor, best interest.
implement urban and agrarian prejudicial to their development.
1. Keeping order and providing protection of reform, and ensure citizens' dignity,  Emphasized the importance of
persons and property. family relations and the
welfare, and security.
constitutional mandate to strengthen
 De Jure and De Facto Governments:
2. Fixing legal relations between spouses, parents,
and children.
  Governments are categorized as de  Government-Owned or Controlled authority, although acts of  Non-political laws continue in
jure or de facto. Corporations (GOCCs): sovereignty may not be exercised. operation unless changed or
 De Jure Government: Has rightful  GOCCs engaged in proprietary
 Political laws of occupied territory contrary to the institutions of the
title but lacks power or control, are suspended but revive upon the new sovereign.
functions are not considered part of
either because it's withdrawn or not end of occupation under jus
the Government for purposes of
yet exercised. postliminium. Non-political laws
exemption from the statute of
continue unless changed by the 
 De Facto Government: Exercises limitations.
occupant.
Examples of Legal Changes with
power or control without legal title.  However, such private
 Constitution of the Commonwealth
Sovereignty Change:
 Types of De Facto Governments: instrumentalities of the Government
was not effective during Japanese
 Editorial criticizing the Spanish
may still be considered part of the Crown under Spanish law became
 Established by force or majority Civil Service under Article IX-B,
occupation, but non-political laws
invalid upon American sovereignty.
voice against the rightful legal like the Civil Code remained in
Section 2(1) of the Constitution.  Prohibition for judges to engage in
government. force.
 commerce under Spanish rule
 Established independently by  Government Agency:
Rule suspending political laws
became invalid with the end of
inhabitants rising against the parent applies to civilian inhabitants, not
 Refers to any unit of the enemies in arms. Members of armed Spanish sovereignty.
state.
Government of the Republic of the forces remained covered by relevant  Debts contracted during Spanish
 Established and maintained by
Philippines, including departments, laws during occupation. rule enforceable under American
military forces invading and sovereignty if assumed in the city's
bureaus, offices, instrumentalities,
occupying enemy territory. private capacity.
GOCCs, local governments, or
distinct units therein.
 Treason Law During Occupation:
 Second Republic of the Philippines:  Administration:
 The law on treason remains
applicable during occupation as it These principles ensure continuity in legal proceedings
 Held as a de facto government of  Administration refers to the group and the preservation of individual rights despite changes in
preserves citizens' allegiance to their
paramount force, established by the of persons currently in charge of sovereignty.
legitimate government.
Japanese during World War II governing the state.
occupation.  Occupant lacks authority to suspend
 They manage the affairs of the treason law as it's not necessary for
Act of State
 Characteristics: Maintained by
government for a specific period, military control or safety of the
military power, obedience to civil and another administration may take occupying forces. An act of State refers to an action undertaken by the
matters, not necessarily warranted over afterward.
by rightful government laws.  Suspension would practically sovereign authority of a nation or its delegate within the
 Administration is transitional, while transfer citizens' allegiance to the scope of their conferred authority. Such acts are beyond
government is permanent. occupant, undermining loyalty to the jurisdiction of legal scrutiny or challenge in a court of
 Recognition of De Jure Government:
the legitimate government. law.
 In Lawyers League for a Better  Validity of Judicial Decisions During
Philippines v. Corazon C. Aquino,  Sovereignty: Occupation: In the context of Political Law, an act of State pertains to
the Supreme Court unanimously
held that the government of  Sovereignty is the supreme and  Judicial decisions remain valid actions carried out by the political branches of
uncontrollable power inherent in a during and after occupation, except government, which are not subject to judicial review. A
President Corazon C. Aquino, in
state by which it is governed. those of political nature, which are classic example is a decision made by the President,
effective control of the entire exercising diplomatic authority, to officially recognize a
country, is not merely de facto but  Two kinds: legal sovereignty, the annulled upon restoration of
newly established foreign state or government.
de jure, recognized by the authority issuing final commands; legitimate authority.
community of nations. political sovereignty, the power  Convictions for political offenses,
influencing the legal sovereign. like treason against the occupying
 Definition of Government of the Philippines:  Internal sovereignty: control over forces, become invalid upon the end
 The Government of the Philippines domestic affairs. External of occupation.
is the corporate governmental entity sovereignty: directing relations with  Convictions for non-political
exercising government functions other states, also known as offenses, however, remain
throughout the country. independence. unaffected.
 Includes various arms of political  Characteristics: permanent,  Change of Sovereignty and Laws:
authority, such as autonomous exclusive, comprehensive, absolute,
regions, provincial, city, municipal, indivisible, inalienable, and  Political laws of the former
or barangay subdivisions, and other imprescriptible. sovereign are abrogated upon a
change of sovereignty, unless
forms of local government.  During occupation, sovereignty retained or re-enacted by the new
remains with the legitimate sovereign.
 related to sovereign functions immunity without evidence of non-
Chapter 4: The Doctrine of State Immunity maintain immunity. consent to suits under Chinese law.
 Conflicting Theories of Sovereign
Immunity: References:
 Basis of State Immunity:
 Classical theory: Sovereigns cannot
 The Constitution asserts that "the be sued without consent.
State may not be sued without its
 Restrictive theory: Immunity
 German Agency for Technical Cooperation v.
consent," reflecting its sovereign Court of Appeals: Agency's claim of immunity
applies only to public acts, not to
nature and immunity from court rejected due to lack of evidence.
private acts, reflecting the evolving
jurisdiction.  China National Machinery & Equipment
nature of sovereign-state relations
 Non-suability is justified to prevent and commercial activities. Corporation v. Sta. Maria: Corporation's
the impairment of the State's dignity immunity claim dismissed; being government-
and to acknowledge its authority in owned doesn't guarantee immunity without
creating laws. References: evidence of non-consent to suits.
 Litigation demands can divert the
State's resources from vital matters,
impacting public welfare.
 United States of America v. Ruiz [221 Phil.
179 (1985)]: Differentiates between
 Immunity of Foreign States: governmental and proprietary functions in
 Foreign States enjoy immunity from determining state immunity.
suits in local courts, respecting the  The evolving concept of state immunity
principle of sovereign equality and recognizes the complexities of modern
avoiding disturbance to international relations and commercial
international peace. activities.
 Exceptions exist: foreign states
engaged in regular business in the
host state or involved in commercial  Limits of State Immunity:
contracts may be subject to suits
regarding commercial activities.  Not all acts jure imperii exempt a
State from suit, such as the exercise
 Restrictive Theory of State Immunity: of eminent domain without just
 The doctrine of state immunity has compensation.
evolved, distinguishing between  Certain agencies of foreign states
sovereign or governmental activities cannot invoke sovereign immunity
(jure imperii) and commercial, to avoid suits against them.
private, and proprietary acts (jure
gestionis).  Case of German Agency for Technical
Cooperation:
 The Philippines adheres to the
restrictive theory, limiting immunity  The agency, as the implementing
to sovereign functions and not arm of the German government,
extending it to commercial sought immunity from a labor
activities. dispute.
 Sovereign immunity may be waived  The Supreme Court ruled against
only when a foreign state enters into the agency, stating it failed to prove
business contracts, not for contracts entitlement to sovereign immunity.
related to sovereign functions.  Case of China National Machinery &
 Determining Immunity: Equipment Corporation:
 The nature of the contract with a  The corporation, designated by the
private party in the host state Republic of China, claimed
determines immunity; if the contract immunity in a contractual dispute
is commercial, the state may be related to a Philippine project.
sued.  The Supreme Court rejected its
 The regular engagement of a foreign claim, emphasizing that being a
\ state in business or trade indicates government-owned corporation
waiver of immunity, whereas acts does not automatically grant
  Cases such as China National Machinery &  To compel the officer to  Charges against them for personal
Equipment Corporation highlight the perform a legal duty. torts, not involving the United
importance of discerning commercial ventures  To restrain the officer States itself, must be addressed
from governmental functions in determining from unconstitutional or individually.
immunity. illegal acts.  While some petitioners were clearly
 Illustrative Cases of State Immunity:  To recover unlawfully acting in their official capacities,
 A claim for damages from injuries assessed or collected closer scrutiny was needed for
taxes. others due to contradictory factual
sustained during military training,
allegations.
filed against the chief of staff of the  Where the action seeks
Armed Forces of the Philippines, only recovery of  The Court deemed it necessary for
 Clarification on China National Machinery was considered a suit against the property title or lower courts to conduct further
& Equipment Corporation (CNMEG) State due to potential appropriation possession held by the inquiry to determine whether the
Claim: of public funds. The claim was officer in an official doctrine of state immunity applies,
dismissed as the State had not capacity. based on evidence presented during
 CNMEG initiated the project waived its immunity. trial.
independently, not as an act of the  However, if there's a claim for
Chinese government's sovereignty.  In Sanders v. Veridiano, American damages requiring government
employees sued officials of the
 The Feasibility Study was a Subic Naval Base for defamation.
appropriation for satisfaction, it's Implications:
business strategy by CNMEG, not a considered a suit against the State.
The Supreme Court ruled that as the
diplomatic or sovereign function.  Test for Suit Against the State:
officials acted on behalf of the  The case highlights the need for thorough
 The term "state corporation" merely United States Government, any  The test is whether enforcement of examination of factual circumstances to
denotes CNMEG's government damages awarded would be the the decision against the officer ascertain whether officers or agents were acting
ownership, not its representation of responsibility of the government, would require an affirmative act within their official capacities.
China's sovereign functions. making it a suit against the from the State, such as
 Determining the applicability of state immunity
 The Northrail Project was a government without its consent. appropriation for judgment
requires a detailed understanding of the actions
commercial venture, evident from  In University of the Philippines v. satisfaction.
and authority of the individuals involved.
agreements and transactions Dizon, an award against the  If the officer can comply with the
involved. University for damages would court's decision without involving
 Even if CNMEG performs require congressional appropriation, the State, the suit can proceed Reference:
governmental functions, it doesn't as the monetary liabilities were not against the officer alone.
covered by project appropriations.
automatically qualify for immunity.  Personal Liability of Public Officers:
 U.S.A. v. Guinto underscores the importance of
 Application of State Immunity:  When a public officer acts without evidence and factual inquiry in determining the
 Claims against the Republic of the References: or in excess of jurisdiction, any applicability of state immunity to individual
Philippines are rarely filed directly resulting injury is the officer's officers or agents.
personal liability, not imputed to the
due to potential dismissal based on
 Illustrative cases demonstrate the application of  The Holy See v. Rosario:
state immunity. State.
state immunity, highlighting the need for  The Supreme Court dismissed a
 Claims are often filed against consent or appropriation for damages awarded civil complaint against the Holy See
government officers to avoid against government entities. References: after the Department of Foreign
immunity issues. Affairs certified the Holy See's
 To determine if the State is the real diplomatic mission status and
party in interest, it must be shown
 Actions Not Against the State:  Instances illustrate the distinction between immunity from local jurisdiction.
that the claim, if proven, directly  An action against the Secretary of actions against public officers and those against  The executive branch's
implicates the State's liability. National Defense, in his official the State, based on the necessity of State
determination of sovereign or
 Actions can be dismissed if they're capacity, for payment of architect's involvement for judgment enforcement.
diplomatic immunity is conclusive
considered suits against the State, fees, where an appropriation had upon the courts, and it is the duty of
been made, was not considered
unless immunity has been waived.
against the State. The State had
 U.S.A. v. Guinto: the courts to accept this claim to
avoid interfering with foreign
fulfilled its obligation, and the  The Supreme Court emphasized that
relations.
References: responsibility for payment lay solely officers or agents of the United
with the defendant. States cannot summarily dismiss  German Agency for Technical Cooperation
charges against them by asserting v. Court of Appeals:
 Instances of Suing Public Officers:
 Malong v. Philippine National Railways: they were acting in the discharge of  The Supreme Court emphasized that
Immunity from suit depends on the nature of  Public officers may be sued in their their official functions. the certification from the
the entity's organization. official capacities without the State's
Department of Foreign Affairs
consent in various instances:
 carries more weight than  Forms of Consent: References: ensuring just compensation for property taken
endorsements from other for public use.
government offices regarding state  Express Consent:
immunity claims.  Manifested through  Various laws, including Act No. 3083 and C.A.
References:
 China National Machinery & Equipment general laws like Act No. 327 as amended by P.D. No. 1445, outline
Corporation v. Sta. Maria: No. 3083, which grants procedures for obtaining the State's consent to
standing consent for the be sued.
 The Supreme Court rejected  Cases such as Republic v. Purisima and
executive endorsements regarding
State to be sued for  Express Consent Requirement: Amigable v. Cuenca illustrate the importance
moneyed claims arising
sovereign immunity, clarifying that from contracts.  The express consent of the State to of procedural adherence and just compensation
only the Department of Foreign be sued must be enacted in a duly in cases involving governmental immunity
Affairs has the authority to  Special laws, like those enacted statute and cannot be given from suit.
determine immunity from suit. authorizing specific by a government counsel alone, as
claims against the
 The Court stated it could still government, also serve
established in Republic v. Purisima.
inquire into the correctness of the as express consent.  In Republic v. Purisima, the  Doctrine of Sovereign Immunity:
certification provided by the Supreme Court ruled that a waiver
Department of Foreign Affairs.  Implied Consent: made by a government agency's
 The doctrine of sovereign immunity
does not serve as a tool for injustice
 Occurs when the State lawyer was not binding upon the
against citizens, as established in
commences litigation or State.
Implications: cases like De los Santos v.
enters into a contract.  Service of Summons: Intermediate Appellate Court.
 Examples of Consent Laws:  Under Rule 14, Section 13 of the  Even in eminent domain cases,
 The executive branch's certification of  Act No. 3083 grants general consent 1997 Rules of Procedure, when the where the State exercises its jus
sovereign or diplomatic immunity is for the State to be sued for moneyed defendant is the Republic of the imperii, the defense of immunity
conclusive, and courts must accept such claims claims arising from contracts. Philippines, service of summons from suit cannot be used against
to avoid interfering with foreign relations. must be made on the Solicitor actions for just compensation, as
 C.A. No. 327, amended by P.D. No.
 Endorsements from other government offices 1445, requires claims against the
General. emphasized in Republic v.
regarding immunity claims hold less weight government to be filed with the  Case Example: Amigable v. Cuenca: Sandiganbayan.
compared to certifications from the Department Commission on Audit first.  In Amigable v. Cuenca, despite the  The State's consent to be sued can
of Foreign Affairs. Rejection of the claim allows the be implied when it files a complaint,
plaintiff not previously filing a
 The Supreme Court retains the authority to claimant to sue the State with its claim with the Auditor General as allowing the defendant to file a
scrutinize the correctness of certifications consent. required, the Supreme Court ruled counterclaim, as seen in cases like
Froilan v. Pan Oriental Shipping
provided by the Department of Foreign Affairs.  Implementation of Consent Laws: in her favor.
Co.
 Writs of execution for money  The Court emphasized that the
doctrine of governmental immunity  Exceptions and Implications:
References: claims against the government may
require referral to the Commission from suit cannot be used to  Equitable considerations may justify
on Audit before implementation. perpetrate injustice on a citizen. implied waivers of immunity, such
 Cases such as The Holy See v. Rosario,  Case Example:  Fidelity to legal norms is crucial, as when the government files a
German Agency for Technical Cooperation v. especially concerning just complaint or enters into a contract.
Court of Appeals, and China National  The Philippine Legislature enacted a compensation for property taken for  However, the nature of the contract
Machinery & Equipment Corporation v. Sta. special law allowing an individual public use, as it demonstrates the matters; only contracts entered into
Maria illustrate the importance of executive to sue the Philippine Government government's submission to court by the government in its proprietary
branch certifications in determining immunity for injuries sustained in a collision jurisdiction. capacity waive immunity, not
from suit. with a government ambulance. governmental contracts.
 In United States of America v. Ruiz,
Implications: the Supreme Court affirmed the
 Waiver of Immunity: immunity of the United States from
 The State may voluntarily waive its Implications: suit, stating that immunity extends
sovereign immunity and allow itself
 The policy of allowing suits against the State only to acts jure imperii, not jure
with its consent has made filing suits against gestionis.
to be sued.
 Express consent can be given
the government less difficult.  The requirement for express consent to be sued
through general laws or special
 Various laws, including general and special by the State ensures adherence to legal References:
laws, provide mechanisms for obtaining the procedures and protects against unjust waivers
laws, while implied consent occurs
State's consent to be sued. of immunity.
when the State initiates litigation or
enters into a contract.  The case of Amigable v. Cuenca highlights the
importance of upholding legal norms and
  Cases such as De los Santos v. Intermediate  Legal cases such as Republic of the Philippines Incorporated agencies may be suable if their
Appellate Court and Republic v. v. Villasor and Lockheed Detective and When filing a suit against a government agency, it's charters allow it, while unincorporated agencies
Sandiganbayan illustrate the limitations and Watchman Agency, Inc. v. University of the crucial to determine whether the State, as the principal may be suable if engaged in proprietary
exceptions to the doctrine of sovereign Philippines provide insights into the limitations potentially liable party, has consented to be sued. This functions. However, the State's immunity
immunity. on the execution of judgments against the State determination hinges on whether the agency in prevails even if agencies engage in proprietary
question is incorporated or unincorporated. enterprises as long as they are primarily
 The distinction between governmental and and the garnishment of public funds.
government entities without separate juridical
proprietary acts, as outlined in United States of personalities.
America v. Ruiz, determines the applicability 1. Incorporated Agencies: These agencies have
of sovereign immunity. their own charters that grant them separate
juridical personalities. Examples include the
 Mobil Philippines Exploration, Inc. v.
Customs Arrastre Service:
 Proprietary Nature of Activities: Social Security System, the University of the
Philippines, and the City of Manila. The test for  Plaintiff argued that the Bureau of
 Activities conducted by the United
suability of incorporated agencies lies in their Customs, by engaging in arrastre
States government, such as In the case of University of the Philippines v. Dizon, the charters; if the charter permits them to sue and service, could be sued as this
operating restaurants and Supreme Court clarified the fundamental rule that be sued, they are suable regardless of the function was proprietary.
barbershops open to the public for a government properties are not typically subject to levy and functions they perform. Municipal
fee, are considered proprietary in execution. However, the Court also noted several  Supreme Court held that the Bureau
corporations, for instance, can be sued even of Customs, as part of the
nature and not covered by the distinctions regarding the leviability of government when engaged in governmental functions if
doctrine of state immunity, as properties based on their usage and purposes: Department of Finance, has no
their charters allow it. separate personality from the
established in the Guinto Case. 2. Unincorporated Agencies: These agencies national government.
 Implied Waiver through Arbitration lack separate juridical personalities and are
Agreement:
1. Properties Held for Public Uses: Government
merged into the general machinery of the  Arrastre service is a necessary
properties held for public uses or governmental incident of the Bureau of Customs'
 Implied waiver of immunity from purposes are generally not subject to levy and government. Examples include the Department
of Justice and the Bureau of Mines. Since primary governmental function, so
suit can occur through agreements sale under execution against the government engaging in it does not render the
entity. This includes funds in the hands of unincorporated agencies do not have charters,
to submit disputes to arbitration, as Bureau liable to suit.
public officers and taxes owed to municipal any suit against them is essentially against the
noted in legal precedents.
corporations. Philippine Government itself. In such cases, the  Non-suability of the Bureau of
 Limitations on Execution of Judgments: nature of the functions performed by the Customs was affirmed in Farolan v.
2. Proprietary Properties: If a government
 Even when the State consents to be entity owns property in its proprietary capacity,
agency determines its suability. If the functions Court of Tax Appeals.
sued, it does not automatically are proprietary (business-like) rather than
meaning it is used for quasi-private purposes
consent to the execution of governmental, the agency may be subject to  Shell Philippines Exploration B.V. v. Jalosf:
rather than for public use, then such property
judgments against it. suit.
may be subject to seizure and sale under  Petitioner claimed state immunity,
 Execution of judgments against the execution against the government entity.  For instance, in National Airports
arguing it was an agent of the
State requires an additional waiver, 3. Temporary Use for Private Purposes: Even Corporation v. Teodoro and Air
Republic of the Philippines due to
as emphasized in cases like if government property is temporarily used for Transportation Office v. Ramos, the
its appointment by the government
Republic of the Philippines v. private purposes, it may still retain its Civil Aeronautics Administration
for petroleum operations.
Villasor. immunity from execution as long as the public and Air Transportation Office,
use is not wholly abandoned. However, if the respectively, were considered  Supreme Court rejected this, stating
 Garnishment of Public Funds: engaged in private functions due to the petitioner was a service
property is no longer used for public purposes,
 Public funds, although subject to it may become subject to execution. their involvement in airport contractor, not the state's agent.
judgments, cannot be garnished management and maintenance.  Key Points:
without proper authorization or 3. Sideline Proprietary Enterprises: Even if an
review by relevant authorities such These clarifications provide a nuanced understanding of agency is engaged in both governmental and
 Bureau of Customs, as part of the
as the Commission on Audit (COA). when government properties may be subject to execution Department of Finance, is not liable
proprietary functions, the State's immunity
based on their intended usage and purposes, as established to suit for engaging in arrastre
 Garnishment of public funds
in legal precedent.
applies. In Bureau of Printing v. Bureau of
service.
belonging to entities like the Printing Employees Association, the Bureau of
Philippine Virginia Tobacco Printing, despite undertaking private binding  Arrastre service is a necessary
Administration or the University of jobs, was considered primarily a service bureau incident of the Bureau of Customs'
the Philippines may be allowed if and not a business entity. Therefore, it was primary governmental function.
the COA has reviewed and immune from suit as an office of the  Non-suability of the Bureau of
approved the money claims against government without corporate or juridical Customs affirmed in Farolan v.
them. personality. Court of Tax Appeals.
 In summary, the suability of government  Shell Philippines Exploration B.V.
agencies depends on their incorporation status was considered a service contractor,
References: and the nature of their functions, as outlined in not an agent of the state.
their charters or inferred from their activities.
Exemption from Legal Requirements  Claimants must show that the defendant was  The Court has acknowledged that the people's  Article XV, Section 3 (1) defends the right of
not acting in a governmental capacity or that right to a balanced and healthful ecology, as spouses to found a family according to their
When the State litigates, it is not required to put up a bond exceptions recognized by law apply to recover well as their right to health, are assumed to religious convictions.
for damages or an appeal bond since it is always assumed damages. exist from the inception of humankind.  Government activities often include prayers,
to be solvent.  University of the Philippines v. Dizon clarified  These rights are explicitly mentioned in the which some consider offensive to religious
that funds of the UP, as government funds, are Constitution to highlight their continuing freedom, including the freedom not to believe.
not immediately enforceable by execution importance and impose a solemn obligation on
 Banahaw Broadcasting Corporation v. Pacana against the State. the state to preserve and protect them.
This section highlights the debate surrounding the
clarified that this exemption generally does not  GSIS v. Group Management Corporation ruled  Section 28, on the policy of public disclosure, inclusion of religious references in the Preamble and their
apply to government-owned or controlled that GSIS cannot claim immunity from does not require awaiting the passing of a
corporations (GOCCs) because they have implications on the separation of church and state and
enforcement of monetary judgments arising statute, as its effectiveness does not depend on religious freedom in the Philippines.
distinct legal personalities. from its own wrongful actions in business legislation. The government must provide
 However, GOCCs may be exempted from transactions. reasonable safeguards for its implementation. Estrada v. Escritor Case:
payment of appeal fees if they function as  The Preamble to the Constitution is written in
government machinery to carry out declared Chapter 5: Fundamental Principles and State Policies the first person, aiming to deepen the sense of
government policies. involvement and participation of individual  In the case of Estrada v. Escritor, the Supreme
 The State is generally not asked to pay legal citizens in the constitution's creation. Court dismissed charges of immorality against
fees prescribed in the Rules of Court or costs of  Article II of the Constitution is entitled
 The Preamble serves to indicate the authors of the respondent based on her cohabitation with a
the suit. “Declaration of Principles and State Policies.” the Constitution, enumerate primary aims, person other than her husband.
 The National Power Corporation and the  It lays down the rules underlying the system of express aspirations of the framers, and aid in  The Court invoked the benevolent neutrality
Government Service Insurance System are not government and must be adhered to in public the construction and interpretation of the text of approach, accommodating religious exercises
exempt from paying filing fees. affairs. the Constitution. as required by the Free Exercise Clause and
 The Land Bank of the Philippines is exempt  The article is an enlargement and modification morality based on religion, provided it does not
from paying costs of the suit in agrarian reform of the original provisions found in the 1973 offend compelling state interests.
Preamble:
proceedings. Constitution.  The respondent's conjugal arrangement was not
 Interest is not chargeable against the State  The purpose is to emphasize and articulate the penalized as she demonstrated exemption from
unless expressly stipulated or allowed by law. objectives and limitations of governmental  Written in the first person, involving individual the law based on her fundamental right to
action. freedom of religion.
 Statutes of limitation do not run against the citizens in the constitution's creation.
State unless expressly provided by law.  The number of sections has increased from ten  Serves to indicate the authors of the
 In Republic v. Garcia, the government could in the 1973 Constitution to twenty-eight in the Constitution and express the framers' Inclusion of "Love" in the Preamble:
present charter. aspirations.
not be assessed one-half of the fees paid to the
commissioner determining just compensation  Many sections appear to be meaningless  Not a source of substantive rights but aids in
for expropriated property. platitudes on subjects considered significant the interpretation and construction of the  The inclusion of the word "love" in the
only by some. Constitution's text. Preamble has sparked controversy, with some
 The Supreme Court has clarified that most  The present Preamble references an "Almighty
believing it is inappropriate for a formal
Suability vs. Liability provisions are mere legislative guides. document like a Constitution.
God" instead of "Divine Providence" found in
 Absent enabling legislation, they do not previous charters.  However, the Supreme Court has invoked
"love" in dispensing justice, recognizing that
Suability of the State does not imply liability; waiver of embody enforceable constitutional rights.  The change reflects the Filipino people's
the heart has reasons of its own which reason
immunity allows the other party to prove the State's  Sections 5 and 18 have been declared as not increasing adherence to the notion of a Creator.
does not know.
liability based on applicable law and established facts. self-executing provisions by the Court.  The Supreme Court has described the
 Yielding to the gentle and universal emotion of
 Social justice provisions are not self-executing Philippines as a "Christian" nation, with the
love is not necessarily equated with
principles and require legislative enactment for majority of Filipinos believing in an "Almighty
 University of the Philippines v. Dizon enforcement. God."
immorality, and deviations from societal norms
emphasized the distinction between suability should not be considered defiance of
 Section 4 of Article II allows citizens to be  Some sectors view this change as inconsistent contemporary social mores.
and liability, stating that the State can be sued
required to render personal military or civil with the policy of separation of church and
without conceding liability.
service under conditions provided by law. state and the establishment clause.
 Merritt v. Government of the Philippine Islands
 Analysis of the New Preamble:
demonstrated that the State is only liable for  Section 26 guarantees equal access to Article VI, Section 29 (2) of the Constitution
opportunities for public service and opposes prohibits appropriations for sectarian purposes,
torts when acting through a special agent, not
political dynasties. raising concerns about the presence of
for actions of regular employees.
"Almighty God" in the Preamble.
 The new Preamble is wordy and suggests the
 Municipal corporations are generally not liable  The definition of "political dynasties" has been style and content of the Constitution.
left to Congress but remains unimplemented.  However, the Constitution grants tax
for torts committed in the discharge of
exemptions to religious institutions and allows
 It indicates a potential for verbosity and
governmental functions but can be held excessive detail in the text of the Constitution,
Additional Insights: optional religious instruction in public schools.
answerable if acting in a proprietary capacity.
 prompting the need to guard against a A republic is a representative government service is in line with the constitutional duty of accepted principles of international law, even if
"talkative" Constitution. where the people elect officials to govern on the government to defend the State. not a signatory.
Republicanism in the Constitution:
their behalf.  Constitutionality of Compulsory Military  Relevance in Constitutional Challenges:
 Republicanism emphasizes representation, Service: Compulsory military service does not Adherence to international law principles can
accountability, and the promotion of the violate the Constitution as it is derived from the strengthen constitutional challenges, as seen in
 Section 1 of Article II declares that the common welfare. government's duty to defend the State. Courts Agustin v. Edu, where a Letter of Instruction
Philippines is a democratic and republican  The rule of the majority typically determines have held that individuals may be compelled to requiring road safety devices was upheld based
State, with sovereignty residing in the people decisions in a republic. serve in the military, even against their will or on international commitments.
and all government authority emanating from  Senate Presidents and Speakers are elected by
convictions, to defend the country.  Interpretation of Municipal Legislation:
them. majority vote.  Duty Imposed on All Citizens: The duty to Generally accepted principles of international
 The Constitution emphasizes both  In member elections, winners are determined
defend the State applies to all citizens, law can be relied upon for interpreting
republicanism and democracy, with democracy including women, and required military or civil municipal legislation or issuances, as
by a plurality of votes, not necessarily a demonstrated in the application of international
defined as government by the people. service must be personal, preventing the hiring
majority. conventions in defining terms like enforced
of mercenaries. Accommodations may be made
 The 1987 Constitution grants citizens greater  In certain cases, a smaller number may prevail disappearances in domestic law.
for those with conscientious objections or no
participation in government affairs, including over the majority, such as in the suspension or military aptitude. Conflict Between International Law and Municipal
through people's initiative, the right to expulsion of a member of Congress.
information, and the right to challenge Peace and Order Law
governmental acts.  The law governs all actions in a republic, and
no one is above it.
 Citizens can directly propose, enact, approve,  Maintenance of Peace and Order: Section 5  Harmonization of Laws: Efforts should first
or reject laws passed by Congress or local  Nobility of intention is not enough to validate
an unauthorized act; all actions must be based emphasizes the importance of maintaining be made to harmonize international and
legislative bodies, and even propose peace, protecting life, liberty, and property, and municipal laws to give effect to both.
amendments to the Constitution through on valid laws or ordinances.
promoting the general welfare for all citizens. Municipal law is presumed to have been
initiative.  The fundamental rights of life, liberty, and the
 Incorporation Clause: The Philippines enacted with regard for generally accepted
 Non-governmental, community-based, or pursuit of happiness are secured by
renounces war as a national policy, adopts rules of international law.
constitutional law, ensuring a government of
sectoral organizations are encouraged to
laws and not of men. principles of international law as part of its own  Resolution of Irreconcilable Conflict: If a
promote national welfare, and the right of the laws, and adheres to policies of peace, equality, conflict is irreconcilable, the Supreme Court
people to form unions, associations, and  Sovereignty remains with the people, who justice, freedom, cooperation, and amity with may uphold municipal law over international
societies is protected. delegate powers to government agencies while all nations. law, particularly if it involves exercise of police
 Independent people's organizations have a retaining ultimate authority.
 Doctrine of Incorporation: International law power or separation of powers.
respected role, and the right of the people to  Case Examples: In Ichong v. Hernandez, the
The Defense of the State principles are automatically part of domestic
participate in social, political, and economic
law by virtue of the Constitution's Supreme Court upheld a statute over
decision-making is guaranteed.
incorporation clause. They may be applied by international treaties, stating that exercise of
 Mechanisms for consultation, regional the Supreme Court even without prior police power cannot be bargained away
development councils, and autonomous regions
 Prime Duty of the Government: The
conversion into statutory enactments. through treaties. Similarly, in Gonzales v.
are provided to strengthen autonomy and government's main duty is to serve and protect
the people. It can call upon citizens to defend  Transformation vs. Incorporation: Hechanova and In re Garcia, municipal law
accelerate economic and social growth. was upheld based on separation of powers and
the State, and citizens may be required to International law can become domestic law
 Sectoral representation is ensured in the House render personal military or civil service under through transformation (via local legislation) or rule-making powers of the Supreme Court,
of Representatives and local legislative bodies. incorporation (deemed to have force of respectively.
conditions provided by law.
 Inherent Right of the State: Every state has domestic law by constitutional declaration).  UNCLOS Compliance: In Magallona v.
Democratic Principles: the inherent right to existence and self-  Treaties and Conventional International Ermita, the Supreme Court upheld a law
Law: Treaties become part of domestic law providing new baselines for the Philippines,
preservation, including the use of armed force
emphasizing the importance of internationally
to repel threats to its security. through transformation, requiring concurrence
accepted baselines for safeguarding maritime
 The Constitution establishes the democratic  Composition of Armed Forces: Article XVI, by two-thirds of the Senate. Conventional
zones and national interests.
and representative nature of the government international law must go through a
Section 4 of the Constitution states that the  Waiver of Sovereignty: In Boyan Muna v.
and opposes autocratic or totalitarian regimes. constitutional process to be applied to domestic
armed forces of the Philippines shall be
conflicts. Romulo, the Supreme Court clarified that
 It affirms that the people are supreme, with composed of a citizen armed force, subject to
treaties or executive agreements may waive
every citizen being an individual repository of military training and service as provided by  Examples of Incorporation: Generally
part of sovereignty without violating the
sovereignty. law, specifically C.A. No. 1, the National accepted principles of international law, such
Constitution, as long as it's consistent with
 Citizens, not officialdom, are recognized as the Defense Act. as renunciation of war, sovereign immunity,
generally accepted principles of international
origin and restriction of all government  Compulsory Military Service: In People v. and the right to life and due process, are part of
law.
authority. domestic law, regardless of treaty obligations.
Lagman and People v. Zosa, individuals were  Dignity of Treaties: Treaties have greater
convicted of refusal to register for military  Case Examples: In cases like Kuroda v.
authority than executive agreements because
training. The Supreme Court affirmed their Jalandoni, the Philippines is bound by
they are ratified by the President, Senate, and
conviction, stating that compulsory military international agreements embodying generally
 people, and take precedence over prior  School Curriculum: The government may  Article II, Section 14: The State recognizes justifiable measures or through the exercise of
statutory enactments. prescribe or prohibit certain courses in school the role of women in nation-building and governmental powers grounded in the principle that the
 Renunciation of War: The renunciation of curricula, such as requiring the teaching of ensures fundamental equality before the law for welfare of the people is the supreme law.
war as an instrument of national policy is a Rizal's novels to instill national virtues and both women and men. Laws such as Republic
generally accepted principle, now expressed in ideals, or prohibiting pernicious subjects like Act No. 9262 have been enacted to protect Provisions on Social Justice in the Constitution
the United Nations Charter, and supports techniques of picking pockets. women and children from violence and threats
defensive rather than offensive war. to their safety and security.
 Foreign Policy: Sections 7 and 8 of Article II  Equal Protection: The Supreme Court has The Constitution includes several provisions related to
social justice in Article II, which emphasize the promotion
emphasize the pursuit of an independent upheld laws like Republic Act No. 9262, which
of a just and dynamic social order, the value of human
foreign policy, national sovereignty, and protect women, by citing the unequal power
Protection of Youth dignity, and the affirmation of labor as a primary social
freedom from nuclear weapons in Philippine relationship between men and women, the
economic force. Additionally, a separate Article XIII on
territory. higher likelihood of women being victims of
Social Justice and Human Rights covers various aspects
 Right to Self-Determination: The right to violence, and the widespread gender bias and
self-determination pertains to the right of states
 State Commitment: The State is committed to prejudice against women.
such as labor, agrarian and natural resources reform, urban
defending the rights of children and protecting land reform and housing, health, women's rights, people's
to determine their political status and pursue  Social Justice and Equality: The Constitution organizations, and human rights.
them from neglect, abuse, cruelty, exploitation,
their development within an existing state or emphasizes the pursuit of social justice, aiming
and other harmful conditions.
through the establishment of a sovereign and to address the imbalance between the rich and
independent state.  Judicial Precedents: Courts have consistently the poor. Laws and policies have been Support for Agrarian Reform
deplored acts such as incestuous rape and implemented to alleviate the plight of the
Rearing of the Youth sexual abuse of children, emphasizing that such impoverished and to protect the rights of
In Association of Small Landowners in the Philippines,
crimes have no place in society. laborers.
Inc. v. Secretary of Agrarian Reform, the Supreme Court
 Role of the Youth: The State recognizes the  Protection of Rights: Social justice does not upheld the Comprehensive Agrarian Reform Law,
 Section 12: The State recognizes the sanctity vital role of the youth in nation-building and mean favoring one group over another but removing major legal obstacles to the agrarian reform
of family life and shall protect and strengthen aims to promote and protect their physical, rather ensuring fairness and protection of rights program. The decision was seen as paving the way for the
the family as a basic autonomous social moral, spiritual, intellectual, and social well- for all. The law protects the rights of both true freedom of farmers, releasing them from exploitation
institution. Parents have the natural and being. laborers and employers, promoting justice and and inadequacy, and granting them ownership of the land
primary right and duty to rear the youth for  Education: The State is mandated to protect fairness in every case. they till. This decision was celebrated as a step towards
civic efficiency and the development of moral
and promote the right to quality education for  Common Welfare: While social justice aims fulfilling the hopes of farmers for a more fulfilling future
character, with aid and support from the and eliminating their insecurities and resentments.
all citizens and to make education accessible to to promote the common good, it cannot be
government. Separation of Church and State
everyone. Scholarships and vocational training invoked to the detriment of the common
 Role of the Family: The family is considered should be provided for deserving students, and welfare. Individuals cannot use social justice as
the basic and most important institution of optional religious instruction has been an excuse to hinder development or infringe
society, responsible for molding children into expanded. upon the rights of others.  Article VI reiterates the inviolability of the
useful citizens or troublemakers. Proper  separation of Church and State, echoing Article
Regulating Education: The government may  Clean Hands Principle: Those invoking social
upbringing of children is crucial for national XV, Section 15 of the 1973 Constitution.
regulate education to ensure that students are justice must have clean hands and blameless
enhancement.  The principle aims to delineate boundaries
directed to courses for which they are best motives. Social justice is not meant to protect
 Protection of Life: The State shall equally suited, as determined by initial tests and wrongdoers but to ensure fairness and equality between the two institutions to prevent
protect the life of the mother and the unborn evaluations. for those deserving of it, regardless of their encroachments due to misunderstandings of
from conception, indicating a policy against  Legal Protections: Laws such as the Child and socioeconomic status. their respective jurisdictions.
abortion while ensuring equal protection for
Youth Welfare Code aim to promote the  The doctrine prohibits both the State from
both. interfering in ecclesiastical affairs and the
welfare of minors and protect them from These principles reflect a commitment to promoting
 Parental Rights: Parents have a natural right violence and threats to their safety and security. equality, protecting the rights of women and marginalized
Church from meddling in secular matters.
and duty to rear their children, and the State  Youth in Leadership: Many of the country's groups, and ensuring fairness and justice for all members  Courts are barred from reviewing ecclesiastical
cannot unreasonably interfere with this but may matters, including matters of faith, practice,
prominent leaders started their careers at a of society.
regulate it under the police power. and doctrine.
young age, demonstrating competence and Definition of Social Justice
 Role of the State: The State assists parents in responsibility despite their youth. Examples  The separation is not hostile; the State
proper upbringing through educational policies include Jose Rizal, Andres Bonifacio, Emilio recognizes the positive influence of religion in
enforced in schools, aiming for civic efficiency Aguinaldo, Sergio Osmena, and Wenceslao Q. In Calalang v. Williams, Justice Laurel provided a classic
enriching national life.
and moral character development. Vinzons. definition of social justice as the humanization of laws and
the equalization of social and economic forces by the  Certain concessions are made to religious sects
 Judicial Precedents: Courts have ruled against
State. Social justice aims to approximate justice in a and denominations, such as tax exemptions for
laws that infringe on parental rights, such as rational and objective manner by promoting the welfare of properties used exclusively for religious
prohibiting the teaching of certain languages or all people and ensuring economic stability through purposes.
restricting education to public institutions only. measures that maintain proper economic and social  Optional religious instruction in public schools
equilibrium. This can be achieved through legally is permitted by constitutional mandate.
Recognition of Women's Role and Social Justice
  Certain holidays, such as Holy Week and  Any deviation from the requirement of Filipino  Section 28 is affirmed as a self-executing
Christmas, are recognized for their moral ownership for public utilities necessitates a provision, complementing the right of access to
significance. constitutional amendment. information.
 While divorce is allowed, polygamy and  Section 22 was discussed in the Province of
bigamy are punished, and crimes against Miscellaneous Provisions North Cotabato case regarding indigenous
religious worship are considered crimes against rights within the framework of national unity.
the state's fundamental laws.  Section 23 acknowledges the importance of
 Article II contains miscellaneous provisions on non-governmental organizations in democracy.
Supremacy of Civilian Authority various subjects:
 The Supreme Court has recognized the
 Section 15: The state shall protect relevance of Sections 17 and 24 in cases such
and promote the right to health and as ABS-CBN Broadcasting Corporation v. Phil.
 Article VII, Section 3 establishes that civilian instill health consciousness among Multimedia Inc.
authority is supreme over the military. the people.
 Section 17's reference to "total human
 This principle is reiterated to prevent fears of a  Section 16: The state shall protect liberation and development" is subject to
military takeover due to its physical strength. and advance the right of the people interpretation.
 The President, as a civilian official, serves as to a balanced and healthful ecology  Sections 26 and 27 are related to Article XI on
the commander-in-chief of all armed forces. in harmony with nature.
the accountability of public officers,
 While the President is civilian, they hold  Section 17: The state shall prioritize emphasizing their responsibility, integrity, and
ultimate power over military operations and education, science, technology, arts, accountability to the people.
strategy. culture, and sports to foster
 The President can prevent military personnel patriotism, nationalism, social
progress, and total human liberation
from testifying in legislative inquiries and can
and development.
modify sentences of military personnel.
 Section 22: The state recognizes
and promotes the rights of
Local Autonomy indigenous cultural communities
within the framework of national
unity and development.
 Affirmed in Article X, the state ensures the
autonomy of local governments.
 Section 23: The state shall
encourage non-governmental,
 Local autonomy is based on the idea that community-based, or sectoral
empowered local governments contribute to organizations that promote the
national progress. welfare of the nation.
 Autonomy does not mean independence; local  Section 24: The state recognizes the
governments still operate within the framework vital role of communication and
of the national government. information in nation-building.
 Section 26: The state shall
Economy guarantee equal access to
opportunities for public service and
prohibit political dynasties as
 Economic policies are outlined in Article XII, defined by law.
focusing on self-reliant, Filipino-controlled  Section 27: The state shall maintain
economy. honesty and integrity in the public
 Private sector encouragement, rural service and take measures against
development, and agrarian reform are key graft and corruption.
components.  Section 28: The state adopts and
 While the Constitution favors Filipino control, implements a policy of full public
it also recognizes the need for business disclosure of all transactions
exchange with other countries. involving public interest.
 The Supreme Court clarifies that the term  Sections 15 and 16 are considered special
"capital" refers to shares with voting rights, provisions assumed to exist inherently.
ensuring effective control by Filipinos.
  Modified under the 1973  Exclusive Cognizance of Branches: Each
Constitution to establish a semi- branch of government has exclusive Justiciable and Political Questions:
parliamentary government. cognizance and is supreme in matters within its
 Restored under the new Constitution constitutionally allocated sphere.
 Justiciable Questions:
with significant modifications.  Limitations of Each Branch:
  Imply a legally demandable and
Maintains three major branches of  Legislature: Enacts laws but cannot
enforceable right, violation of such
government: executive, legislative, enforce or apply them.
and judiciary. right, and a remedy granted by law.
 Executive: Enforces laws but cannot  Courts have jurisdiction to intervene
 Powers of the Judiciary: enact or apply them. if official action is not in accordance
 Strengthened with additional and  Judiciary: Applies laws but cannot with constitutional rules.
important powers. enact or enforce them.  Example: Non-compliance with
 Commission on Appointments  Blending of Powers: voting requirements prescribed by
revived as a check on appointing the fundamental law.
 Powers not exclusively confined
power.
within one department, leading to  Political Questions:
 Creation of Judicial and Bar difficulty in classification.
Council for better selection of
 Matters falling under the discretion
 Some powers shared or assigned to of another department or the people
judiciary members.
multiple departments. themselves.
 Electoral Tribunals:  Necessary for collaboration and  Not subject to judicial review.
 Restored with modified checks among departments for  Examples: Considerations affecting
membership. public good. the wisdom of a law, interpretation
 Act as "sole judge" of electoral of certain constitutional provisions.
contests related to members of  Illustration of Justiciable vs. Political
respective Houses.  Checks and Balances:
Questions:
 Role of the Supreme Court:  System of counteraction allows one  Suspension or expulsion of a
 Characterizes resolution of electoral department to resist encroachments member of Congress based on
contests by Electoral Tribunals as or rectify mistakes by other "disorderly behavior" is a political
"an exercise of judicial power." departments. question.
 Subject to judicial review for grave  Constitution provides for checks on  Determination of the procedural rule
abuse of discretion. each department's powers. (e.g., required vote) is a justiciable
 Observance of Doctrine in the Philippines:  Illustrations include veto power, question.
refusal of concurrence, nullification
 Characterized as a characteristic of  Judicial Review:
of convictions, and limitation of
republicanism. jurisdiction.  Courts may review official actions
 Powers distributed among if they are not in compliance with
constitutional norms.
departments and Constitutional  Role of the Judiciary:
Commissions by the Constitution.  Not a matter of questioning the
 Judiciary ensures constitutional
 Article VI, Section 13 prohibits
boundaries are respected without
wisdom of an act, but rather its
members of Congress from holding legality and constitutional authority.
asserting supremacy over other
other government offices or
departments.  Supreme Court's Role:
employment during their term.
 Test for valid exercise of power is  Determines whether the
whether it has been constitutionally constitutional norms for
Purposes of Separation of Powers:
conferred upon the department. amendments have been observed.
 Upholds the Constitution's
 Prevent Concentration of Authority: Avoids  Exercise of Powers: supremacy, not its own.
the concentration of authority in one person or  Powers may be expressly conferred,
group to prevent irreversible errors or abuses implied, or justified as inherent or
detrimental to republican institutions. incidental.
Chapter 6 : Separation of Powers
 Secure Action and Prevent Despotism:  Examples include impeachment
Intended to secure action, forestall over-action,  Distinction between Justiciable and Political
powers, investigation powers, and
 Doctrine of Separation of Powers: prevent despotism, and obtain efficiency. Questions:
power to punish contempt.
  Justiciable questions involve  Refusal to restrain the holding of a  Executive Authority in Administrative  The Supreme Court has the
legality or validity of an act and are referendum or impeachments under Investigations: authority to review executive
subject to judicial review. the discretion of Congress upheld. actions for grave abuse of
 Administrative investigations of
 Political questions involve matters executive officials should be
discretion, particularly in cases
of policy or discretion and are not  Legislative Discretion: involving contempt orders and
undertaken by the President, not the
subject to judicial review. executive privilege.
 Courts defer to the legislature's Supreme Court.
 Illustrative Cases: inherent authority to determine its  The Court cannot be compelled to  Constitutional Challenges and Legislative
Actions:
 Tanada v. Cuenco: Questioning the own membership, admission, and act as a mere board of arbitrators or
composition of the Electoral discipline of members. perform administrative functions.  Challenges to the constitutionality
Tribunal was justiciable.  Political decisions made by the  Constricted Scope of Political Questions of legislative actions, such as the
Priority Development Assistance
 Sanidad v. Commission on legislature, such as the calling of under the New Constitution:
Fund (PDAF), may require a clear
snap elections, are beyond judicial
Elections: Inquiry into the legality  The 1987 Constitution expanded the showing of unconstitutionality for
of the amending process was review.
power of judicial review, allowing the Court to intervene.
justiciable. courts to determine if there has been
  The Court may declare laws
 Tanada v. Angara: Judicial review Administrative Discretion: a grave abuse of discretion by any
unconstitutional if there is a clear
of ratification of international  Courts defer to administrative branch of government.
violation of the separation of
agreements for grave abuse of agencies' decisions due to their  The judiciary's role in reviewing powers principle.
discretion. expertise in certain matters. discretionary acts of the political
Application of the Doctrine of Separation of Powers: departments has been enhanced.
 Jurisdiction over Executive Orders:
 Matters involving administrative
expertise or policy decisions are  Extent of Judicial Review:  Executive Orders are not judicial,
deemed non-justiciable. quasi-judicial, or mandatory acts
 Discretionary Powers of the Executive:  Courts can review discretionary acts and cannot be questioned under
 Evolution of Judicial Interpretation: of political departments for grave
 Courts cannot compel the chief
abuse of discretion.
Rule 65 of the Rules of Court.
executive to perform discretionary  Supreme Court's interpretation of  Recourse for challenging the
acts. discretionary powers of the  Acts such as absolute pardons or constitutionality of Executive
President has evolved over time. enactment of impractical laws may
 Examples include the production of
be subject to judicial review.
Orders lies through a petition for
certain vouchers, calling of special  Early cases upheld the President's declaratory relief filed with the
elections, and expulsion of aliens. discretion in determining the basis  Presumption of Constitutionality and Regional Trial Court.
 Governor-General's power to expel for suspension of the privilege of Separation of Powers:
the writ of habeas corpus.
foreigners deemed discretionary and  Courts must presume the The application of the doctrine of separation of powers
not subject to judicial interference.  Subsequent rulings reversed earlier constitutionality of laws and defer continues to evolve under the new Constitution, with an
decisions, but later reverted to the to the discretion of political enhanced role for the judiciary in reviewing discretionary
original rule. departments unless there is a clear acts of the political departments. However, courts must
 Constitutional Amendments: showing of a constitutional still exercise restraint and defer to the discretion of other
 violation. branches of government, particularly in matters involving
Executive Authority and Immunity:  Under the present Constitution, the
 Governor General and Chief nature of discretionary powers,  The separation of powers principle policy decisions and legislative actions.
particularly regarding the limits the courts from interfering
Executive are immune from legal
suspension of the privilege of the with the discretionary authority of
liability for exercising discretionary
writ of habeas corpus, has been the executive and legislative Significance of Judicial Restraint and Separation of
powers.
clarified. branches. Powers:
 Legal actions against them for acts
done within their authority cannot
prosper. The application of the doctrine of separation of powers  Adherence to Constitutional Provisions:
 Presidential Authority and Political entails respecting the discretionary powers vested in each
Questions: branch of government and recognizing the limits of  The Supreme Court is bound to
judicial review in certain political matters. While the uphold the Constitution and apply
 Supreme Court refused to intervene judiciary plays a crucial role in upholding the Constitution, its provisions faithfully, without
in conflicts involving the exercise of it must also exercise restraint and defer to the discretion of engaging in socio-economic or
appointing power between outgoing the executive and legislative branches in certain policy and political experimentation contrary to
and incoming Presidents. decision-making areas. constitutional mandates.
 President's determination of public  Limits of Judicial Power:
acceptance of the 1973 Constitution 
considered a political question.
Judicial Prerogative in Reviewing Executive  Judicial power does not include the
Actions: authority to rewrite the Constitution.
The Court's role is to interpret and
 apply constitutional provisions, not
to alter them.
 Remand of Cases to Other Branches:
 In cases where the Commission on
Elections (COMELEC) may have
made errors, the Court may remand
the petitions to the COMELEC for
reconsideration. This is not
necessarily due to grave abuse of
discretion but to ensure compliance
with new parameters set by the
Court.
 Defense of Judicial Authority:
 The Supreme Court reaffirms its
authority to determine certain
matters, such as the appraised value
of properties purchased by retired
members of the Court. This
assertion is grounded in the
principle of separation of powers,
emphasizing judicial independence
and fiscal autonomy.

 Judicial Independence and Autonomy:

 The judiciary operates
independently and should be free
from restraints or influences
imposed by other branches of
government, except those mandated
by the Constitution itself. This
ensures that the judiciary can fulfill
its constitutional functions without
external interference.

These cases highlight the importance of judicial restraint,

adherence to constitutional principles, and the defense of
judicial authority within the framework of the separation
of powers.