The 1987 Philippine Constitution: Powers and Structure of Government Review

Practice flashcards covering Constitutional Law 1 core topics including Philippine Constitutions, fundamental powers, local autonomy, executive privilege, citizenship, judicial review, and landmark jurisprudence.

What is Political Law according to People vs. Perfecto (43 Phil. 887)?

Political Law is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory.

What basic concepts of Political Law are included in the study of Constitutional Law?

Constitutional Law deals with the Nature of the State, Supremacy of the Constitution, Separation of Powers, and the Rule of Majority.

How did Judge Cooley define a constitution?

Judge Cooley defined a constitution as a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.

How did Justice Malcolm define a constitution?

Justice Malcolm defined a constitution as that written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.

What are the three main classifications or kinds of constitutions?

1. Written or unwritten; 2. Enacted (Conventional) or Evolved (Cumulative); 3. Rigid or Flexible.

What are the classifications that describe the Philippine Constitution?

The Philippine Constitution is written, enacted, and rigid.

What are the essential qualities of a good written constitution?

A good written constitution must be broad, brief, and definite.

What are the three essential structural parts of a good written constitution?

1. Constitution of liberty; 2. Constitution of Government; 3. Constitution of Sovereignty.

What are the three core principles of constitutional interpretation defined in Francisco vs. House of Representatives?

1. Verba legis (words given ordinary meaning unless technical terms are used); 2. Ratio Legis et Anima (interpreted according to the intent of the framers); 3. Ut Magis Valeat Quam Pereat (interpreted as a whole document).

When in doubt, how should the provisions of the Philippine Constitution be considered?

The provisions should be considered self-executing, mandatory rather than directory, and prospective rather than retroactive.

What was the legal status of the 1973 Bill of Rights during the interregnum period following the 1986 EDSA Revolution according to Republic vs. Sandiganbayan?

The Bill of Rights under the 1973 Constitution was not operative during the interregnum, but protections under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights remained in effect.

Why did the Supreme Court uphold the President's authority to prohibit military officers from attending congressional inquiries in Gudani vs. Senga?

The authority is rooted in the President's constitutional power as Commander-in-Chief to maintain military discipline and control the actions and speech of members of the Armed Forces, rather than executive privilege.

What was the Supreme Court's ruling regarding Executive Order No. 464 in Senate vs. Ermita?

The Supreme Court held Section 1 valid during the 'question hour' under Article VI, Section 22, but ruled that provisions barring executive officials from legislative inquiries in aid of legislation without a formal assertion and justification of executive privilege were unconstitutional.

Why were the Romulo-Kenney Agreements of December 19 and 22, 2006 declared non-compliant with the Visiting Forces Agreement (VFA) in Nicolas vs. Romulo?

Because the agreements placed the convicted US officer under detention at the US Embassy guarded by US military personnel, which violated Article V, Section 10 of the VFA requiring detention to be 'by Philippine authorities'.

Why was Section 3.1, Rule 3 of the PCAB IRR declared void in Philippine Contractors Accreditation Board vs. Manila Water Company, Inc.?

The Supreme Court ruled that the construction industry is not reserved exclusively for Filipinos by the Constitution or statute, and setting equity limits for foreign contractors created an unauthorized restriction.

On what date did the 1987 Philippine Constitution take effect according to De Leon vs. Esguerra?

The 1987 Constitution took effect immediately upon its ratification in a nationwide plebiscite on February 2, 1987.

What definition of 'national patrimony' was established in Manila Prince Hotel vs. GSIS?

National patrimony refers not only to the natural resources of the Philippines, but also to the cultural heritage of the Filipino people.

What are the vote requirements for Congress to propose amendments or revisions to the Constitution?

Congress acting as a Constituent Assembly requires a vote of $\frac{3}{4}$ of all its Members. Congress calling a Constitutional Convention requires a vote of $\frac{2}{3}$ of all its Members.

What are the requisites for proposing constitutional amendments via People's Initiative?

1. A petition signed by at least $12\%$ of total registered voters, represented by at least $3\%$ of registered voters in every legislative district; 2. Exercised no earlier than $5$ years following 1987 Constitution ratification; 3. Exercised no oftener than once every $5$ years thereafter.

Why was Republic Act No. 6735 declared inadequate to cover constitutional amendments in Santiago vs. COMELEC?

RA 6735 was found incomplete and lacking sufficient provisions or subtitles to implement the system of initiative on constitutional amendments.

What essential requirement for a People's Initiative was affirmed in Lambino vs. COMELEC?

The people must directly sign a petition that contains the full text of the proposed constitutional amendment before or at the time of signing.

What are the four qualifications of a State as a person of international law under the Montevideo Convention?

1. A permanent population; 2. A defined territory; 3. Government; 4. Capacity to enter into relations with other states.

What is the Archipelagic Doctrine enshrined in Article I of the 1987 Philippine Constitution?

The doctrine that the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

What maritime zones extend from the straight baselines under UNCLOS and Philippine territorial law?

1. Territorial Sea: up to $12\,nmi$; 2. Contiguous Zone: $12\,nmi$ beyond territorial sea (up to $24\,nmi$); 3. Exclusive Economic Zone (EEZ): up to $200\,nmi$; 4. Continental Shelf: drop-off point shelf break up to a maximum of $350\,nmi$.

How do constituent functions of government differ from ministrant functions?

Constituent functions are compulsory bonds of society relating to order, property, defense, and justice; ministrant functions are optional undertakings to advance general public welfare (such as public works, education, and trade regulation).

What are the three kinds of de facto governments described in Co Kim Cham vs. Tan Keh?

1. A government established by usurpation or force over rightful legal governments; 2. A government of paramount force established by military force occupying enemy territory during war; 3. A government established by revolting insurgents.

What distinction was drawn in Mandanas vs. Ochoa regarding the LGU share of national revenue under Article X, Section 6?

The Supreme Court held that Section 284 of the LGC unconstitutionally restricted the base of the LGU just share to 'national internal revenue taxes' instead of 'national taxes' as mandated by the Constitution.

What is the basis of state immunity under Article XVI, Section 3 of the 1987 Constitution?

The principle that 'The State may not be sued without its consent,' grounded on international law (par in parem non habet imperium), sovereign authority, and avoiding public service disruption.

What is the restrictive application of State Immunity applied in United States of America vs. Ruiz?

State immunity extends only to acts jure imperii (sovereignty/governmental acts) and does not cover acts jure gestionis (private, commercial, or proprietary transactions).

Does diplomatic immunity protect an international official from personal criminal charges like oral defamation according to Liang vs. People?

No. Immunity under international agreement is limited to acts performed in an official capacity, and committing a crime or defamation is ultra vires and outside official duty.

Why did the Supreme Court hold that it lacked jurisdiction over the foreign military respondents in Arigo vs. Swift?

Because the suit against US naval officers in relation to the USS Guardian grounding involved foreign agents acting in their official military capacities, invoking the doctrine of sovereign state immunity.

Why was the Holy See granted state immunity in Holy See vs. Rosario despite selling land?

The acquisition and subsequent disposal of Lot 5-A was an act jure imperii because the property was acquired as a donation to build the site for the Papal Nunciature, not for commercial profit.

Why was the government allowed to be sued without formal legislative consent in Amigable vs. Cuenca?

Because the government took private land for public road construction without expropriation or just compensation, and state immunity cannot be used to perpetrate an injustice on a citizen.

May the Commission on Audit (COA) alter a final and executory court judgment according to Taisei Shimizu JV vs. COA?

No. While COA has primary jurisdiction over money claims against the government, it cannot overrule or modify final and executory decisions of courts or arbitral bodies due to the doctrine of res judicata.

What are the three fundamental or inherent powers of the State?

1. Police Power; 2. Power of Eminent Domain; 3. Power of Taxation.

When does human life begin according to the constitutional principle established in Imbong vs. Ochoa?

Human life begins at fertilization, and the Constitution affords protection to the unborn from conception.

Why was Republic Act No. 9262 (VAWC) declared constitutional in Garcia vs. Drilon?

It does not violate the equal protection clause because it is based on a valid classification rooted in substantial distinctions, specifically the unequal power relations between men and women and gender-based violence data.

How did Justice Laurel define Social Justice in Calalang vs. Williams?

Social justice is the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated.

What approach to the Free Exercise Clause was affirmed in Estrada vs. Escritor?

The Supreme Court affirmed the doctrine of 'benevolent neutrality-accommodation'.

Who are natural-born citizens under Article IV, Section 2 of the 1987 Philippine Constitution?

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship, including those born of Filipino mothers before January 17, 1973 who elected Philippine citizenship upon reaching majority age.

What is the effect of repatriation on a natural-born citizen who previously lost Philippine citizenship according to Bengzon III vs. HRET?

Repatriation restores the person to their original status as a natural-born Filipino citizen.

Which landmark decision first articulated the doctrine of blending of powers and checks and balances in the Philippines?

Angara vs. Electoral Commission (63 Phil. 139, 1936).

Why was Administrative Order No. 308 declared unconstitutional in Ople vs. Torres?

It established a national computerized ID reference system without statutory backing, usurping the legislative power of Congress.

Why was the PDAF / Pork Barrel System declared unconstitutional in Belgica vs. Ochoa?

It allowed individual legislators to exercise post-enactment authority in budget execution (project identification, fund release, realignment), violating separation of powers and non-delegation of legislative power.

What two tests determine the validity of a delegation of legislative power?

1. The Completeness Test (law must lay down the policy); 2. The Sufficient Standard Test (law must map out adequate boundaries/limits for delegate's authority).

Why was Section 68 of the Revised Administrative Code declared unconstitutional in Pelaez vs. Auditor General?

It constituted an unconstitutional delegation of legislative power by allowing the President to create municipal corporations by executive order without statutory policies or standards.

Why was Executive Order No. 626 struck down in Ynot vs. IAC?

It violated due process by allowing summary confiscation of carabaos without hearing and constituted an invalid delegation of legislative power without standards.

What are the constitutional qualifications of a Member of the Senate?

1. Natural-born citizen of the Philippines; 2. At least $35$ years of age on election day; 3. Able to read and write; 4. Registered voter; 5. Resident of the Philippines for not less than $2$ years immediately preceding election day.

What are the constitutional qualifications of a District Representative in the House of Representatives?

1. Natural-born citizen of the Philippines; 2. At least $25$ years of age on election day; 3. Able to read and write; 4. Registered voter in the district elected; 5. Resident of the district for at least $1$ year immediately preceding election day.

What are the allocation and seat limits for the Party-List System under Republic Act No. 7941 and jurisprudence?

Party-list representatives constitute $20\%$ of total HR membership. Parties receiving at least $2\%$ of total valid votes get $1$ seat, with a maximum cap of $3$ seats per party.

How is the three-consecutive-term limit rule applied when an official's term is interrupted by losing an election protest involuntarily, as held in Abundo vs. COMELEC?

Involuntary loss of title and disallowance from serving during an election protest breaks the continuity of service, making the term incomplete and not countable toward the three-term limit.

What is the extent of parliamentary immunity from arrest for members of Congress under Article VI, Section 11?

A legislator is immune from arrest while Congress is in session for offenses punishable by not more than $6$ years imprisonment.

What is the difference between an Incompatible Office and a Forbidden Office for legislators under Article VI, Section 13?

In an Incompatible Office, a legislator cannot hold any other government position during their term without forfeiting their seat. In a Forbidden Office, a legislator cannot be appointed to any office created or whose emoluments were increased during their elected term.

What is the Enrolled Bill Doctrine as applied in Arroyo vs. De Venecia?

The signing of a bill by the Speaker of the House and the Senate President and the certification by Secretaries of both Houses that it was passed are conclusive of its due enactment.

What is the distinction between an Ad Interim appointment and an appointment in an Acting capacity per Pimentel vs. Ermita?

An ad interim appointment is permanent in character, issued during a recess of Congress, and submitted to the CA. An acting appointment is temporary, can be issued anytime there is a vacancy (including during session), and does not require CA submission.

Does the Philippines recognize a 'pocket veto' by the President?

No. Under Article VI, Section 27(1), if the President fails to act on a bill within $30$ days from receipt, it automatically lapses into law.

What are the grounds for the President to declare Martial Law or suspend the privilege of the writ of habeas corpus under Article VII, Section 18?

Actual invasion or rebellion, when the public safety requires it. The duration shall not exceed $60$ days unless extended by Congress.

What standard of proof is required for the President to declare martial law per Lagman vs. Medialdea?

Probable cause to believe that actual rebellion or invasion exists and public safety requires it.

What are the main distinctions between a Pardon and an Amnesty?

Pardon is a private act for peace infractions granted to individuals after final conviction without requiring congressional concurrence; Amnesty is a public act for political offenses granted to classes of persons that looks backward, erases the offense itself, and requires majority concurrence of Congress.

What is the Expanded Judicial Power under Article VIII, Section 1 of the 1987 Constitution?

The power of courts to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

Does the constitutional ban on presidential 'midnight appointments' (Article VII, Section 15) apply to appointments in the Judiciary according to De Castro vs. JBC?

No. The Supreme Court reversed Valenzuela and held that the ban applies strictly to Executive Department appointments, as the JBC screening process prevents judicial midnight appointments.

Why was a Petition for Quo Warranto allowed to oust an impeachable officer in Republic vs. Sereno?

Because Quo Warranto challenges the legality of the appointment and eligibility ab initio (lacking proven integrity/SALN requirements), whereas impeachment addresses causes for removal of a legally holding incumbent officer.