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University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon

INTRODUCTION

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2.

I.

POLITICAL LAW

II.

III.

That branch of public law that 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.
1.

The study of the maintenance of the proper balance between


authority as represented by the 3 inherent powers of the State and
liberty as guaranteed by the Bill of Rights.

2.

are

One that can be changed by ordinary


legislation

Qualities of a good written Constitution


a.Broad

b. those powers are distributed among the several


departments for their safe and useful exercise for the
benefit of the body politic.

1.

Covers the basics


contingencies

but

provides

for

any

b.Brief

Purposes:

1.

a. To prescribe a permanent framework of a system of a


government
b. To assign to the several departments their respective
powers and duties
c. To establish certain first
government is founded

One that can be amended only by a


formal and usually difficult process

Flexible

The written instrument enacted by the direct action of the people


by which
a. the fundamental powers of the government
established, limited and defined, and by which

Rigid

CONSTITUTION

Evolved, is the result of political


evolution, not inaugurated at any
specific time but changing by accretion
rather than by any systematic method

c. According to Procedure of Amendment

CONSTITUTIONAL LAW

SDSG

Cumulative

Types:
Constitution

principles

on

which

c. Definite
1.

the

We have a written, enacted and rigid

1.

Written

2.

Consists of rules which have not been


integrated into a single, concrete form
but are scattered in various sources
including statutes, judicial decisions,
publicists commentaries, customs and
traditions and certain common law
principles.

b. According to Origin
1.

1.

Enacted, formally struck off at a definite


time and place following a conscious or
deliberate effort taken by a constituent
body or ruler

Organization, power, duties and


limitation on powers, qualifications

functions,

c. Constitution of Sovereignty
1.

Method/procedures in amending or revising the


Constitution

Constitutional Construction
a.Verba Legis
1.

Conventional

Bill
of
Rights
(fundamental
rights
and
constitutional limitations on governmental
powers as a means to securing those rights

b.Constitution of Government

One whose precepts are embodied in 1


document or set of documents

Unwritten

No ambiguity to prevent confusion and division

Essential Parts of a good written Constitution


a.Constitution of Liberty

a.According to Form
1.

Confines to basic principles which will be


implemented with legislative details more
adjustable to change

Words used in the Constitution must be given


their ordinary meaning except where technical
terms are employed

b.Ratio Legis Est Anima


1.

In case of ambiguity, words of the Constitution


should be interpreted in accordance with the
intent of the framers

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Constitutional Law 1 Study Guide by Atty. Galeon


c. Ut Magis Valeat Quam Pereat
1.

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2. Generally
amended

In case of conflicting provisions, the Constitution


must be interpreted as a whole

affects

only

the

specific

SDSG
provision

being

3. Isolated/piecemeal change

NOTE: In case of doubt, provisions are held to be selfexecuting; mandatory rather than directory; and
prospective rather than retroactive

B.

Revision
1. Any change that alters any of the basic principles or
tenets underlying the Constitution
2. Generally affects several provisions of the Constitution

DOCTRINE OF CONSTITUTIONAL SUPREMACY The Constitution is the


fundamental and supreme law.

3. Overhaul or revamp or rewriting the whole instrument

AMENDMENT AND REVISION


Article XVII, 1987 Constitution

II.

PROCEDURES IN AMENDMENT OR REVISION


A.

Section 1.

1.Revisions and Amendments

Any amendment to, or revision of, this Constitution may be proposed by:
1.

The Congress, upon a vote of three-fourths of all its Members; or

2.

A constitutional convention.

PROPOSAL

Section 2.
Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of
the total number of registered voters, of which every legislative district
must be represented by at least three per centum of the registered voters
therein. No amendment under this section shall be authorized within five
years following the ratification of this Constitution nor oftener than once
every five years thereafter.

The Congress shall provide for the implementation of the exercise of this
right.
Section 3.

Constituent Assembly
a.

Requires vote from all the members


of Congress voting separately

b.

Is composed of members of Congress


acting
as
a group
to propose
amendments to or revisions of the
Constitution

Constitutional Convention
a.

Requires 2/3 vote from all the


members of Congress voting separately

b.

If Congress cannot decide, vote will be


thrown to the people - majority

c.

Is composed of individuals who are


deemed to have the expertise needed
in proposing amendments to or
revisions of the Constitution

The Congress may, by a vote of two-thirds of all its Members, call a


constitutional convention, or by a majority vote of all its Members, submit
to the electorate the question of calling such a convention.

2.Amendments only

Section 4.

Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite
which shall be held not earlier than sixty days nor later than ninety days
after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.
I.

Peoples Initiative
a.

Directly proposed by the people


through initiative upon petition signed
by at least 12% of the total number of
registered voters in the country, AND

b.

each legislative district must be


represented by at least 3% of the total
number of registered voters therein

c.

Requires an enabling law (Congress will


provide for its implementation)

d.

Can only be availed of 5 years after


ratification of the 1987 Constitution and
once every 5 years thereafter

AMENDMENT VS REVISION
A.

Amendment
1. Any change that adds, reduces, deletes, without altering
the principle involved.

B.

RATIFICATION

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Constitutional Law 1 Study Guide by Atty. Galeon

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1. Ratified by a majority vote in a plebiscite held under the


Election Law, supervised by COMELEC and where only
registered voters take part

1. Theory of Conventional Supremacy

2. Not earlier than 60 days nor later than 90 days after

2. Convention is Inferior

Approval by Congress (Constituent Assembly)

Approval by Constitutional Convention

Certification of Sufficiency of the petition by the


COMELEC
a.

Form

b.

Substance

E.

Amendment and Revision


Quantitative
a.

Checks on
affected

number

of

provisions

vs

COMELEC,

GR

Lambino vs COMELEC, GR 174153, 10/25/06

Minute Resolution on Motion for Reconsideration


10 votes

Lambino vs COMELEC, GR 174153, 10/25/06

1. Congress can transform itself into a Constituent Assembly


through a vote of all members voting separately for the
purpose of proposing changes to the Constitution AND
2. Pass the necessary implementing law using its legislative
powers through a vote of 2/3 of all members voting
separately

2. As an initiative upon a petition, the full proposal must be


embodied in the petition

G.

Lambino vs COMELEC, GR 174153, 10/25/06

Doctrine of Proper Submission


1. Because the Constitution itself prescribes the timeframe
within which the plebiscite is to be held, there can be no
question as to the adequacy of time given to people for
determination.
2. Ratification plebiscite can be held on the same day as a
regular elections

Gonzales vs COMELEC, GR L-28916, 11/9/67

Imbong vs COMELEC, GR L- 32432, 9/11/77

Congress has full discretion on the choice of method for


proposal
1. Constituent Assembly
2. Constitutional Convention

Elements of Petition in Peoples Initiative


1. The people must author and sign the entire proposal, no
agent or representative can sign on their behalf

Checks the degree of change to


determine if any of basic principles
underlying the Constitution have been
affected

Constituent vs Legislative Power

F.

Qualitative
a.

D.

Defensor-Santiago
127325, 3/19/97

2. Sufficient

C.

Mabanag vs Lopez Vito, 78 Phil 1

RA 6735 as Sufficient Enabling Law for Peoples Initiative

1. 2-part Test

B.

Woods Appeal, 79 Pa. 59

1. Insufficient and unconstitutional

RELEVANT CASES
A.

Loomis vs Jackson, 6W. Va. 613

3. Independent and Co-Equal

III.

SDSG

Occena vs COMELEC, GR L-56350, 4/2/81

Theories on position of Constitutional Convention

3. No piecemeal submissions the word election was used


in its singular sense means that the entire constitution
must be submitted for ratification at 1 plebiscite only.

Tolentino
10/16/71

Plebiscite
Ratification of proposed amendments;
approval of particular amendment

vs

COMELEC,

GR

L-34150,

Referendum
Consultation; getting public attention/
public sentiment on a certain issue

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Constitutional Law 1 Study Guide by Atty. Galeon

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SDSG

1.Checking

H.

Judicial Review of Amendments

abuse

of

2.Legitimating

1. Subject to Judicial Review to determine whether or not


the constitutional provisions had been followed FORM,
not substance

Check
for
grave
discretion/unconstitutionality

Legitimize extra-constitutional change

3.Symbolic

Sanidad vs COMELEC, GR L-44640, 10/12/76

D.

Educate bench and bar on controlling principles


and concepts of great importance

REQUISITES OF JUDICIAL REVIEW


1.Actual Case/Controversy

IV.

JUDICIAL REVIEW
A.

DEFINITION
1.Article VIII, Section 1, Paragraph 1

Judicial power to settle actual controversies


involving rights which are legally demandable
and enforceable

There should be an actual and existing conflict of


legal rights or an assertion of opposing legal
claims at all stages of review, which can be
resolved through the application of existing laws
and jurisprudence

Should not be a request for Advisory Opinion but


maybe an action for declaratory relief

Issue should not be moot and academic

Issue should be ripe for adjudication (actual


injury)

Issue should not be premature (exhaust all


options)

Exceptions:

Judicial power 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.

2.Article VIII, Section 4, Paragraph 2

B.

Judicial Review is the power to test the


constitutionality of a treaty, international or
executive agreement, or law.

Judicial Review is the power to test the


constitutionality, application, or operation of
presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations

There is paramount public interest and


is of exceptional character

c.

Case is capable
evasive of review

d.

Constitutional issue raised requires


formulation of controlling principles to
guide the bench, bar and the public

of

repetition

yet

Constitutional question must be raised by the


proper party with legal standing.

To have legal standing, you must have a


personal and substantial and material interest in
the case such that you have sustained or will
sustain a direct injury as a result

Requirements:
a.

FUNCTIONS OF JUDICIAL REVIEW

b.

1. Supreme Court (Article VIII, Section 4, Paragraph 2)

C.

There is grave violation of the


Constitution or the rights provided
therein

2.Locus Standi

WHO MAY EXERCISE THE POWER OF JUDICIAL REVIEW


2. Lower Courts (Article VIII, Section 5, Paragraph 2)

a.

Direct Injury Test


i.

Citizens

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Constitutional Law 1 Study Guide by Atty. Galeon


1.
a.

2.

Constitutionality
law

b.

party
should
registered voter

Taxpayers
There should be sufficient
interest in preventing the
illegal expenditure of funds
derived from the taxing and
spending power of Congress
And that he would sustain a
direct injury as a result of
the enforcement of the
questioned
statute
or
contract.

i.

ii.

Overbreadth Doctrine
1.

Anyone can challenge the


validity of the statute even
though, as applied to him, it
is not unconstitutional, but it
might be if applied to others

Issue is of transcendental importance

c.

Issue is a matter of public concern and


imbued with public interest

If the issue of constitutionality is not raised


during the pleadings, it cannot be raised during
trial and onward.

Exceptions:
a.

Criminal Cases can be raised at any


time at the courts discretion

b.

Civil Cases can be raised at any stage


in the proceedings If necessary to the
determination of the case itself

c.

In every other case can be raised at


any point if it involves jurisdiction of the
court
i.

Doctrine of Parens Patriae

Used only when a statute operates


in the area of Freedom of
Expression

b.

A constitutional issue must be raised in the


pleadings before the competent court can
resolve the case.

Government
1.

Issue is of paramount public interest

There must be a claim that


the
official
action
complained of infringes upon
their
prerogatives
as
legislators.

Facial Challenge

a.

3.Earliest Opportunity with the Right Forum

Legislators
1.

b.

be

Rarely used since this is very


difficult to prove since the
challenger must establish
that there can be no
instance when the assailed
law may be valid

Exceptions:

election

There should be obvious


interest in the election law
being questioned a

2.

v.

of

a.

1.

iv.

Voters
1.

iii.

2.

Assertion of a public right


Filipino citizen

SDSG

not before the court whose


activities are constitutionally
protected.

There should be a direct and


personal interest and that
citizen sustained or will
sustain some direct injury as
a result of that statutes
enforcement

a.
ii.

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Constitutionality of a statute

Exception: Unless when there


is Estoppel preclusion in law
which prevents man from
alleging or denying a fact in
consequence
of
his
own
previous act - where a man is
concluded by his own act or
acceptance, to say the truth

4.Lis Mota

The decision on the constitutionality question


must be determinative of the case itself

The outcome of the case rests on the decision on


the question of unconstitutionality

Because of the Doctrine of Separation of Powers,


courts are loathe to decide constitutional
questions and as long as the case can be

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Constitutional Law 1 Study Guide by Atty. Galeon

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decided on some other merit, it will not touch


the issue of constitutionality.

E.

EFFECTS OF DECLARATON OF UNCONSTITUTIONALITY

a question of policy:
a.

1.Orthodox View

An unconstitutional act is not a law:


a.

It confers no rights

b.

Imposes no duties

c.

Affords no protection

d.

Creates no office

e.

It is inoperative, as if it had never been


passed at all

SDSG

application to a case, but with the very wisdom


of the law itself.

It is usually used when the law was declared


unconstitutional a short time after its effectivity

those questions which, under the


Constitution, are to be decided by the
people in their sovereign capacity, or in
regard to which full discretionary
authority has been delegated to the
Legislature or executive branch of the
Government.

It is concerned with issues dependent upon the


wisdom, not legality, of a particular measure.

Political questions are a limitation on the power


of Judicial Review so that the Judiciary will not
encroach on the duties and responsibilities of the
both the Legislative and Executive branches.

FOCUS: Wisdom of the Law

2.Modern View

F.

Courts simply refuse to recognize the law and


will determine the rights of the parties as if the
law in question did not exist.

2. Justiciable Questions

It is usually used when there is a significant


amount of time between the date the said law
became effective and the date it was declared
unconstitutional
This is to protect the rights which may have
already vested by people who acted in good
faith upon reliance of the aforementioned law

An issue that can resolved upon the


interpretation and application of an existing law
together with precedent judicial decisions

FOCUS: Legality of the Law

3. SC will not decide on a political question due to the


following reasons:

PARTIAL UNCONSTITUTIONALITY
1. With respect to the Doctrine of Separation of Powers,
courts will hesitate to declare a law totally
unconstitutional and will always attempt to salvage the
valid portions of it.

a.

Lack of judicially discoverable and


manageable standards for resolving it

b.

Impossibility of deciding without an


initial policy determination of a kind
clearly for non-judicial discretion

c.

Impossibility of a courts undertaking


independent
resolution
without
expressing lack of the respect due
coordinate branches of government

d.

An unusual need for unquestioning


adherence to a political decision
already made

e.

Potentiality of embarrassment from


multifarious
pronouncements
by
various departments on one question

2. Requisites for Declaration of Partial Unconstitutionality

The legislative is willing to retain the valid


portions
a.

G.

Expressed
Clause

through

Separability

The valid portions can stand independently as a


separate law

POLITICAL QUESTIONS VS JUSTICIABLE QUESTIONS


1.Political Question

An issue is a political question when it does not


deal with the interpretation of a law and its

THE PHILIPPINES AS A STATE


I.

DEFINITIONS

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A.

Constitutional Law 1 Study Guide by Atty. Galeon

STATE

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A community of persons, more or less numerous,


permanently occupying a definite portion of territory,
independent of external control, and possessing a
government to which a great body of inhabitants render
habitual obedience.
A legal or juristic concept
B.

a.

NATION

b.

sentence,

Domain

Fluvial/Maritime Domain

Internal and Territorial Water


c.

Aerial Domain

Treaty Limitations:

Treaty of Paris, 12/10/1898


a.

GOVERNMENT

Spain to US Philippine Islands

Treaty of Washington, 11/7/1900

US & Great Britain Treaty, 1/2/1930

a.

ELEMENTS OF STATE
A.

2nd

Air space over and above the


territory

An instrumentality of the State through which the will of


the State is implemented and realized.
II.

Terrestrial

NATION STATE
Where different races living together as a political group
acquire a community of cultural and economic interests
and develop common sympathies and aspirations.

D.

Doctrine,

landmass

An ethnic or racial concept


C.

Archipelagic
Sec. 1, Art I

Components:
a.

A non-juristic concept made of people bound together by


an awareness of community interests based upon one or
more factors such as racial, cultural identity, language,
common economic and social interdependence or other
bonds of organic unity.

SDSG

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.

a.

PEOPLE

Spain to US Sibutu, Cagayan and Sulu


Great Britain to
Mangsee Islands

US

Turtle

and

Requisites for Statehood:

Adequate number of people for self sufficiency


and defense

People should
perpetuity

be

of

both

genders

for

Inhabitants

Sec. 2, Art III; Sec. 1, Art XIII

Citizens
III

Preamble; Secs. 1&4, Art II; Sec. 7, Art

Voters/Electors Sec. 4, Art VII


B.

Territories with Philippine Jurisdiction

Batanes (1935 Constitution)

Those belonging to the Philippines by historic


right or legal title

a.

Spratly Islands

b.

Sabah

Scarborough Shoal (PD 4596)

Determination of National Territorial Seas

TERRITORY

Covers:

The national territory comprises the Philippine


Archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and
other submarine areas.
a.

Sec. 1, Art I

RA 3046 (June 17, 1961)


a.

RA 5446 (September 8, 1968) - Amended RA


3046,
a.

All waters within the baselines provided


for in Section 1 hereof are considered
inland or internal waters of the
Philippines.

Drew straight line baselines around the


Philippines.

PD No. 1596, June 11, 1978 (other territories)

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Constitutional Law 1 Study Guide by Atty. Galeon


a.

drew straight
Philippines

around

the

200 Mile Exclusive Economic Zone from


baseline

U.N. Convention on the Law of the Sea


a.

Distinguished between an archipelagic


state and an archipelago.

b.

The former means a state composed of


one or more archipelagos & may
include other islands; the latter refers
to a group of islands, including parts of
islands, interconnecting waters and
other natural features which are closely
interrelated.

c.

Following
the
definition
of
an
archipelago, Batanes Island falls within
the area of the Philippine archipelago.

d.

Stipulated that:

C.

GOVERNMENT
The agency or instrumentality of the State through which
the will of the State is formulated, expressed and
realized.
Government
of
the
Philippines
Administrative Code of 1987

Internal waters

Inside the baseline

Terrestrial waters

12
nautical
from baseline
Part
of
territory

miles

Constituent
a.

national

Mandatory
constitutes the very bonds of
society
samples:

24
nautical
miles
from
edge
of
Terrestrial waters
Hot pursuit area

e.

200 nautical miles


from
edge
of
Contiguous Zone

Does not resolve the question of Sabah


since it only pertains to sea rights and
not to the acquisition or disposal of
territory

maintenance of peace
and order

regulation of property
and property rights

administration
justice

Used in Archipelagic States

b.

Straight lines are drawn connecting


selected points on the coast without
appreciable departure from the general
shape of the coast. RA 3046 & RA 5446

of

Ministrant
a.

Optional (supposedly)
Intended to promote welfare,
progress and prosperity of the
people
Samples:

Straight baseline method


a.

2(1),

Functions:

Exclusive Economic Zone

Sec.

The corporate governmental entity through


which the functions of the government are
exercised throughout the Philippines, including,
save as the contrary appears from the context,
the various arms through which political
authority is made effective in the Philippines,
whether pertaining to the autonomous regions,
the provincial, city, municipal or barangay
subdivisions or other forms of local government.

Contiguous Zone

SDSG

baselines

PD No. 1599, June 11, 1978


a.

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Claim to Kalayaan Island Group on


historical basis and indispensible need.

Doctrine of Parens Patriae

Parent of the People

National
(PNB)

banking

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Government may act as a guardian of the rights


of the people when they may be disadvantaged
or suffering from some disability or misfortune

b.

Executive
and
legislative
powers are fused in Parliament
although actual exercise is
vested in a Prime Minister who
is
chosen
by
and
held
accountable to, Parliament

Classification of Government

According to Origin
a.

De Jure

According to Organization
a.

has rightful title

Unitary
Single, centralized government
exercising control over internal
and external affairs of the
State

No power or control, either


because
this
has
been
withdrawn from it, or because
it has not yet actually entered
into the exercise thereof.
b.

b.

Federal
Autonomous state government
unit merged into a single
State.

De Facto
Government of fact, that is, it
actually exercises power or
control without legal title

State units handle internal


matters
while
national
government handle all external
affairs of the State

Kinds:

a government that gets


possession and control
of, or usurps by force or
by the voice of the
majority, the rightful
legal government and
maintains itself against
the will of the latter
a
government
established
as
an
independent
government
by
the
inhabitants of a country
who rise in insurrection
against the parent state
a
government
established
and
maintained by military
forces who invade and
occupy a territory of the
enemy in the course of
war,
and
which
is
denominated
as
a
government
of
paramount force

According to Structure
a.

Presidential
Separation of executive and
legislative powers

SDSG

Parliamentary

D.

SOVEREIGNTY
The supreme and uncontrollable power inherent in a
State by which the State is governed
Kinds:

Legal & Political


a.

Legal Sovereignty - Power to issue final


commands and laws

b.

Political Sovereignty - is the sum total


of all its influences which lie behind
legal sovereignty

Internal & External


a.

Internal Sovereignty - Supreme power


over anything within its territory
(domestic affairs)

b.

External Sovereignty independence or


freedom from external control (external
affairs)

Characteristics

Permanence

Exclusiveness

Comprehensiveness

Absoluteness
a.

Subject to the provisions of treaties and


law of nations and public international
law

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Constitutional Law 1 Study Guide by Atty. Galeon

Indivisibility

Inalienability

Imprescriptibility

Effects
of
revolution)

Change

in

Sovereignty

Municipal laws and other non-political laws


remain in force

Effects of Belligerent Occupation

All lands of the public domain belong to


the State, and anyone claiming title has
the burden to show ownership, comes
within this concept.

b.

In this capacity, the State descends to


the status of ordinary persons and thus
becomes liable as such.

Imperium

Authority possessed by the State embraced in


the concept of sovereignty

States authority to govern.

Covers such activities as passing laws governing


a territory, maintaining peace and order over it,
and defending it against foreign invasion.

When the State acts in this capacity, it generally


enjoys sovereign immunity.

No change in Sovereignty
a.

Political laws are suspended


Except for laws
on
treason
(disloyalty during war Articles
of War and Military Tribunals)

b.

Members of the military


and AFP are not included

Municipal laws and other laws that are


not political in nature (laws governing
property/obligations/etc)
remain
in
force
Unless
abrogated
belligerent occupant

a.

(successful

Unless they are retained or re-enacted


by positive act of the new sovereign or
ruling party

Jurisdiction

Jurisdiction is the manifestation of sovereignty.


The jurisdiction of the state is understood as
both its authority and the sphere of the exercise
of that authority

Kinds:
a.

by

Political
laws
reinstated

are

Doctrine
Postliminium
b.

automatically
of

Judicial
decisions
made
belligerent occupation shall
valid

Jus

during
remain

Except for those political in


nature

Territorial jurisdiction
authority of the State to have all
persons and things within its
territorial limits to be completely
subject to its control and protection

At end of belligerent occupation


a.

Exempt:

Foreign States

Foreign Heads of State/Diplomatic


Representatives/Consuls to a certain
degree no criminal or civil liability
a.

Exceptions:
i.

Diplomatic
agent
holds
immovable property in the
receiving
state
in
his
private capacity (refuses to
pay purchase price of
condo)

ii.

Instances
involving
succession
(diplomatic
agent
is
named
as
administrator or heir)

iii.

Diplomatic
agent
is
engaged in professional or

These
will
be
abrogated/annulled

Dominium

Capacity of the State to own or acquire property,


including lands held by the State in its propriety
capacity

Covers such rights as title to land, exploitation


and use of it, and disposition or sale of the same.

SDSG

Regalian doctrine

Political laws are completely abrogated/annulled


a.

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University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon


commercial activity outside
of his official function
(diplomatic agent has a
license
for
medical
practice)
b.

NOTE:
Diplomatic
agents
except consuls STILL CANNOT
be held liable for any act in
violation of any of our laws
i.

Diplomatic agents will be


deported
and
declared
persona non grata
c.

b.

Foreign
State
property
including
embassies, consulates and public
vessels engaged in non-commercial
activities
Acts of State

Foreign merchant vessels exercising


rights
of
innocent
passage
or
involuntary entry (arrival under stress)

Personal jurisdiction

c.

Foreign armies passing through or


stationed in its territory with its
permission
Such other persons or property,
including organizations like UN

SDSG

Extraterritorial jurisdiction
Power exercised by the State beyond its territory in
the following cases:

Nationality Principle (Art. 15, CC)

Territoriality Principle (Art. 2, RPC)

Extra-Territoriality Principle (Art. 2, RPC)

Exercise of limited jurisdiction over


contiguous zones and patrimonial sea
to prevent infringement of customs,
fiscal,
immigration
or
sanitary
regulations

Exercise of jurisdiction in high seas over


piracy under the Doctrine of Hot Pursuit

Enjoyment of easements or servitudes

EXCEPT: Consuls will


be liable

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Authority of the State over its nationals, their


persons, property, and acts, whether within or
outside its territory. (e.g. Art 15, CC)

a.

Easement of innocent passage

b.

arrival under stress

waiver of jurisdiction within its territory


a.

foreign army is stationed within


the territory

By virtue of its relations with other


states, the establishment of colonial
protectorate,
condominium
or
administer a trust territory or occupies
enemy territory during war

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