[CONSTI] Sovereignty in a Democratic and Republican State

Recite Sec. 1, Art. II of the 1987 Constitution

• The Philippines is a democratic and republican state

• Sovereignty resides in the people

  • And all government authority emanates from them

In Sec. 1, Art. II — what does “people” refer to?

Filipino citizens

Does “people” in Sec. 1, Art. II include Filipino minors?

Yes

Does “people” in Sec. 1, Art. II include ex-pats in the Philippines?

No — they are not Filipino citizens

According to Gatmaytan, what is the quintessential act of soveriegnty by the Filipino

The ratification and adoption of the 1987 Constitution

What are the three kinds of de facto governments?

Provide legal basis

• Internal revolution: majority usurps and maintains itself as a legitimate government (e.g. Cory Aquino)

• Government of paramount force: invaded by a foreign occupant (e.g. Philippines under Japan)

• Federal states rise against national government (e.g. US civil war)

Co Kim Cham v. Valdez (1945)

Define the principle of postliminium

Provide legal basis

When a territory is returned from an enemy occupant, all government acts done during the occupation remain good except political acts

Co Kim Cham v. Valdez (1945)

What does it mean for the Philippines to be a democratic state, per Sec. 1, Art. II

It provides modes for direct participation or exercise of democracy

What are the modes for direct participation in democracy under the 1987 Constitution?

What is your legal basis

Per Puno’s dissenting opinion in Lambino v. COMELEC

• Elections

• Plebiscite

• Initiative

• Recall

• Referendum

Define initiative

People can directly propose and enact laws or approve or reject any law

Define recall

Removing a local official from office before the expiration of their term because of loss of confidence

Define referendum

People can directly propose and enact laws or approve or reject any law