CONSTITUTIONAL LAW

JURIS DOCTOR
Section 1 Cases

CO KIM CHAM vs VALDEZ TAN KEH RULING:

YES. It was a civil government established by the military forces of
FACTS: occupation, and therefore a de facto government of the second kind.
This petition for mandamus in which petitioner prays that the respondent According to the precepts of the Hague Conventions, as the belligerent
judge of the lower court be ordered to continue the proceedings in civil case occupant has the right and is burdened with the duty to insure public order
No. 3012 of said court, which were initiated under the regime of the so- and safety during his military occupation, he possesses all the powers of a
called Republic of the Philippines established during the Japanese military de facto government and can suspend the old laws and promulgate new ones
occupation of these Islands. The respondent judge refused to take and make such changes in the old as he may see fit, but he is enjoined to
cognizance of and continue the proceedings in said case on the ground that respect, unless absolutely prevented by the circumstances prevailing in the
the proclamation issued by General Douglas MacArthur had the effect of occupied territory, the municipal laws in force in the country, that is, those
invalidating and nullifying all judicial proceedings and judgements of the laws which enforce public order and regulate social and commercial life of
court of the Philippines under the Philippine Executive Commission and the the country. The Philippine Executive Commission, and the so-called
Republic of the Philippines established during the Japanese military Republic of the Philippines, by virtue of postliminy, may continue the
occupation, and that, the lower courts have no jurisdiction to take proceedings in cases then pending in said courts, without necessity of
cognizance of and continue judicial proceedings pending in the courts of the enacting a law conferring jurisdiction upon them to continue said
defunct Republic of the Philippines in the absence of an enabling law proceedings. As a consequence, enabling laws or acts providing that
granting such authority. Respondent contends that the government proceedings pending in one court be continued by or transferred to another
established in the Philippines during the Japanese occupation were no de court, are not required by the mere change of government or sovereignty.
facto governments.
*Principle of Postliminy - It describes the process of the legal effects of the
A civil government or central administration organization under the name termination of belligerent occupation on the legal acts of the occupant after
of "Philippine Executive Commission was organized by Order No. 1 issued the return of territory to the original legal authority
on January 23, 1942, by the Commander in Chief of the Japanese Forces in
the Philippines. *Kinds of De Facto Gov’t –
1. De facto in a proper legal sense – By force or voice of the majority.
ISSUE: 2. De facto in the course of war - established and maintained by military
Whether the government established during the Japanese Military regime forces who invade and occupy enemy territory.
on the Philippines were de facto governments. (Are the judicial proceedings 3. De facto in insurrection - established as an independent government by
still good and valid even after liberation from the De Facto Government?) the inhabitants who rise against the parent state.
IN RE: SATURNINO V. BERMUDEZ ESTRADA vs DESIERTO

FACTS: FACTS:
In a petition for declaratory relief impleading no respondents, petitioner, as In 1998, Estrada and Arroyo were elected as President and Vice President
a lawyer, quotes the first paragraph of Section 5 (not Section 7 as respectively. The downfall of the Estrada administration began when
erroneously stated) of Article XVIII of the proposed 1986 Constitution, Former Gov. Luis Chavit Singson went to the media and released his
which provides in full as follows: exposé that petitioner was part of the Jueteng scandal as having received
large sums of money. But then came the fateful day, when by the vote of
Sec. 5. The six-year term of the incumbent President and Vice-President 11-10, the judges came to a decision to not open the second envelop
elected in the February 7, 1986 election is, for purposes of synchronization allegedly containing evidence showing that the petitioner had a secret bank
of elections, hereby extended to noon of June 30, 1992. account under the name “Jose Velarde” containing P3.3 billion. The not
The first regular elections for the President and Vice-President under this opening of the 2nd envelop resulted to the people going to the streets and
Constitution shall be held on the second Monday of May, 1992. the public prosecutors withdrawing from the trial. On January 19, AFP
Chief of Staff Angelo Reyes marched to EDSA shrine and declared “on
Petitioner claims that the said provision "is not clear" as to whom it refers, behalf of your Armed Forces, the 130,000 strong members of the Armed
as to who among the present incumbent President Corazon Aquino and Vice- Forces, we wish to announce that we are withdrawing our support to this
President Salvador Laurel and the elected President Ferdinand E. Marcos government.” PNP Chief, Director General Panfilo Lacson together with
and Vice-President Arturo M. Tolentino being referred to. some Cabinet members made the same announcement.
Amidst massive public protests and impeachment charges in the Philippine
ISSUE:
Congress due to alleged corruption., Estrada resigned from the presidency,
Whether the said provision pertains to incumbent President Aquino and Vice
this protest is historically known as the EDSA II Revolution. Then Vice
President Laurel or to elected President Marcos and Vice President
President Arroyo was then sword in as the 14th President of the
Tolentino.
Philippines. Soon, other countries accepted the respondent as the new
president of the Philippines. Estrada claimed that his resignation was
RULING:
invalid and that he remains as the “de jure” president he contends that he is
Petitioners have no personality to sue and their petitions state no cause of
still the lawful and incumbent president, temporarily unable to discharge
action. This is not a justiciable matter as it belongs in the realm of politics
the duties of his office, and that Arroyo is only acting as the acting
where the people of the Philippines are the judge, wherein they have made
president.
their judgement o accept the government of President Aquino which is in
effective control of the entire country so that it is not merely a de facto ISSUE:
government but in fact and law a de jure government. Moreover, the Whether Estrada is still the de jure president on leave, and that Arroyo is
community of nations has recognized the legitimacy of the present an acting President.
government.
RULING: *Republican State - any form of government in which the head of state is
NO. The Court held that Estrada's resignation was valid and that Arroyo's not a hereditary monarch
assumption of the presidency followed the constitutional process. The
ruling emphasized that Arroyo's government was legitimate and *Three (3) Types of Sovereignty
recognized under the law, despite Estrada's claims to the contrary.
1. Internal Sovereignty
REAGAN vs COMMISSIONER OF INTERNAL REVENUE

FACTS:
The petitioner, William C. Reagan, is a civilian employee of Bendix Radio,
Division of Bendix Aviation Corporation, which provides technical
assistance to the US Air Force in the Philippines. He questioned the 2. External Sovereignty
payment of the income tax assessed on him by the respondent on an
amount realized by him on a sale of his automobile to a member of the US
Marine Corps, the transaction took place ate the Clark Airfield Base at
Pampanga. He contends that the sale was made outside the Philippine
territory and therefore beyond the country’s jurisdictional power to tax, he
then seeks that the amount paid by him, be refunded. 3. Sovereignty as auto-limitation

ISSUE:
Whether or not the Air Base is foreign territory, which excludes it from the
Philippines’ taxation power.

RULING:
NO. By virtue of the Military Bases Agreement, the Philippine
Government merely consents that the United States exercise jurisdiction in
certain cases. This is an example of sovereignty as auto-limitation, wherein
the Philippines chose to allow the US to use the base, but did not give up
its power to enforce its own laws, including taxes.