Separation of Powers

Separation of Powers under Political Law

1. Definition and Overview

The doctrine of Separation of Powers is a fundamental principle in democratic governments, including the Philippines, which divides the powers of government among three distinct branches: the Executive, Legislative, and Judiciary. Each branch is given its specific roles and powers, and no branch should encroach on the functions or powers of the others.

This system is designed to prevent the concentration of power in any one branch, ensure checks and balances, and maintain the rule of law.

2. Constitutional Basis

The principle of Separation of Powers is embedded in the 1987 Constitution of the Philippines:

• Article VI vests legislative power in the Congress of the Philippines (Senate and House of Representatives).
• Article VII vests executive power in the President.
• Article VIII vests judicial power in the Supreme Court and other inferior courts.

3. Key Functions of Each Branch

1. Legislative Branch (Congress)

   • Primary Function: Law-making. Congress is tasked with enacting laws and deciding on matters of national policy.
   • Additional Powers:
     • Power of the purse (budget approval and appropriations).
     • Power to declare war.
     • Power of impeachment (House initiates; Senate conducts trial).

2. Executive Branch (President)

   • Primary Function: Enforcement of laws. The President is responsible for implementing and executing laws passed by Congress.
   • Additional Powers:
     • Commander-in-chief of the armed forces.
     • Power of appointment (subject to confirmation in some cases).
     • Power to enter into treaties (subject to Senate concurrence).
     • Power to pardon, except in cases of impeachment.

3. Judicial Branch (Supreme Court and lower courts)

   • Primary Function: Interpretation of laws and adjudication of disputes. The Judiciary ensures that laws are consistent with the Constitution and resolves conflicts between individuals or between the State and its citizens.
   • Additional Powers:
     • Judicial review (power to declare laws or acts of government unconstitutional).
     • Issuance of writs such as habeas corpus, mandamus, and others.

4. Checks and Balances

The doctrine of Separation of Powers is complemented by a system of checks and balances, wherein each branch has mechanisms to prevent abuses of power by the others:

1. Congress's Check on the Executive:

   • Power to override a Presidential veto with a two-thirds vote.
   • Senate confirmation of certain Presidential appointments (e.g., members of the Cabinet, ambassadors).
   • Power of the purse, controlling budget allocations.
   • Power to impeach the President for culpable violations of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

2. Congress’s Check on the Judiciary:

   • Power to impeach justices and judges for certain impeachable offenses.
   • Power to define jurisdiction of lower courts.
   • Power to amend the laws or Constitution if judicial decisions are perceived to misinterpret the law.

3. Executive’s Check on Congress:

   • Power to veto bills passed by Congress.
   • Power to call for special sessions of Congress.

4. Executive’s Check on the Judiciary:

   • Power of appointment of justices, with the concurrence of the Judicial and Bar Council (JBC).
   • Power to pardon individuals convicted of crimes (except impeachment cases).

5. Judiciary’s Check on Congress and the Executive:

   • Power of judicial review (as established in Article VIII, Section 1) allows the Supreme Court to declare acts of Congress or the Executive as unconstitutional, thus nullifying them.

5. Violations of Separation of Powers

Encroachments by one branch into the realm of another violate the principle of Separation of Powers. Examples include:

1. Judicial Overreach: The Judiciary may encroach on legislative or executive functions by issuing decisions that effectively create laws (a violation of the law-making power of Congress) or by dictating executive policy (a violation of the executive power).

2. Legislative Encroachment: Congress may pass laws that improperly limit the powers of the President (Executive) or attempt to define court procedures (which is the domain of the Judiciary).

3. Executive Overreach: The President may issue executive orders that contradict the laws passed by Congress or infringe on judicial authority by ignoring court orders or rulings.

6. Philippine Case Law on Separation of Powers

Several Supreme Court rulings have clarified the doctrine of Separation of Powers in the Philippines:

1. Angara v. Electoral Commission (G.R. No. L-45081, July 15, 1936):

   • This landmark case reinforced the principle of Separation of Powers and the system of checks and balances. The Court held that each department of government has exclusive cognizance of matters within its jurisdiction and that no branch may interfere with the others.

2. Estrada v. Sandiganbayan (G.R. No. 148965, November 19, 2001):

   • The Court ruled that the Judiciary could not interfere with the discretion of the Executive regarding the issuance of a pardon, thus upholding the President’s exclusive authority in that area.

3. Marcos v. Manglapus (G.R. No. 88211, September 15, 1989):

   • The Court ruled that in matters involving national security, the President has broad discretion, and the Judiciary should not unnecessarily intervene.

4. Imbong v. Ochoa (G.R. No. 204819, April 8, 2014):

   • The constitutionality of the Reproductive Health Law was challenged, but the Supreme Court upheld its validity, emphasizing that policy-making is the domain of the legislature, and courts should not interfere unless clear constitutional violations are present.

7. Limitations of the Doctrine of Separation of Powers

While the Separation of Powers is a cornerstone of governance, it is not absolute. Circumstances may call for inter-branch collaboration:

• Delegated Powers: Congress may delegate certain powers to the Executive, provided there are sufficient standards and limitations.
• Judicial Interpretation: The Judiciary has the power to interpret laws and review their constitutionality but does not make laws.
• Emergencies: During national emergencies, such as war or calamity, the President may exercise certain powers (e.g., emergency powers) that temporarily blur the lines of separation.

8. Importance of the Separation of Powers

The Separation of Powers is essential for maintaining a functioning democracy and protecting individual liberties. It ensures that:

• No single branch has unchecked power.
• There is accountability in governance.
• Each branch remains within its constitutional limits, contributing to political stability.

The principle serves as a safeguard against tyranny and promotes a balanced and equitable government structure that upholds the rule of law.

State Immunity

Philippine Law: State Immunity under Political Law and Public International Law

1. Definition of State Immunity

State immunity, also known as the "doctrine of sovereign immunity," is a principle of public international law that holds that a sovereign state cannot be sued in the courts of another state without its consent. In the Philippine context, it is enshrined in Section 3, Article XVI of the 1987 Philippine Constitution, which states:

“The State may not be sued without its consent.”

This reflects the principle that the State, as a sovereign entity, is immune from legal suits, except when it expressly waives that immunity.

2. Rationale for State Immunity

The doctrine is grounded in two main justifications:

• Sovereignty: A sovereign state should not be subjected to the jurisdiction of another.
• Non-Accountability for Government Actions: It ensures that the State can perform its functions without the threat of litigation hindering its ability to govern and serve the public effectively.

3. Scope and Application of State Immunity

• Public Acts (Jure Imperii): The doctrine applies to acts that are purely governmental or sovereign in nature. These include legislative, executive, and judicial functions, such as:

  • Enforcing laws
  • Diplomatic activities
  • Military decisions
  • Regulation of public services

• Private Acts (Jure Gestionis): The immunity does not extend to the State’s commercial or proprietary activities. When the government enters into commercial contracts or transactions typically reserved for private individuals or corporations (such as trade or business contracts), it may be held liable. This distinction is often referred to as the jure imperii (sovereign acts) versus jure gestionis (commercial acts) dichotomy.

4. Consent to be Sued

Although the State is generally immune from suit, it may consent to be sued. Such consent can be given explicitly or impliedly.

• Express Consent: The State may pass laws, enter into contracts, or make other official declarations that waive its immunity.

  • Legislative Waiver: One example is the Commonwealth Act No. 327, which allows the State to be sued under specific circumstances for liabilities arising from contracts it has entered into.

• Implied Consent: The State may also impliedly waive its immunity by engaging in activities where it becomes a party to litigation.

  • Government-Owned or Controlled Corporations (GOCCs): When GOCCs act in a commercial capacity (such as the Philippine National Railways), they are deemed to have waived immunity.

However, waivers of immunity are strictly construed, and mere engagement in commercial activities does not automatically mean that the government can be sued unless consent is clear and unequivocal.

5. Limitations of State Immunity

While the doctrine is broad, it has certain limitations:

• Suit vs. Officers in Official Capacity: The State cannot be sued for acts committed by its officers in their official capacity. However, if the officer acted beyond the scope of their authority or violated the Constitution, the suit may proceed.

• Illegal Acts and Ultra Vires Acts: If a government official commits an illegal act or exceeds their authority (ultra vires), the State cannot invoke immunity to shield that official from legal action. In such cases, the court may entertain the suit to ensure accountability.

• Tort Liability: Under the Administrative Code of 1987 (Book I, Chapter 9, Section 38 and 39), government officials may be held liable for torts or wrongful acts committed within the scope of their official duties, provided it is proven that they acted with bad faith, malice, or gross negligence. While the State itself may remain immune, the officials responsible can be personally sued.

6. Exceptions to State Immunity

There are instances when State immunity does not apply:

• Eminent Domain: Although the State has the power to expropriate private property for public use, it must pay just compensation. If the government fails to do so, the aggrieved property owner may sue the State, and this is considered an exception to the doctrine of immunity.

• Contracts: If the State enters into contracts that are commercial in nature, it waives its immunity for disputes arising from those contracts. For instance, if the government contracts with a private company for infrastructure projects and defaults, the company can sue for breach of contract.

• Government Agencies with Separate Charters: Some government agencies or instrumentalities are vested with a corporate personality and can sue and be sued, such as the Bangko Sentral ng Pilipinas or the Social Security System.

7. Judicial Interpretation in the Philippines

Philippine courts, particularly the Supreme Court, have developed a nuanced interpretation of the doctrine of state immunity. The guiding principle is that state immunity is not absolute, and the courts carefully consider the nature of the State’s actions and the presence or absence of its consent before allowing suits.

Notable cases that have shaped the interpretation of state immunity in the Philippines include:

• Sanders v. Veridiano II (162 SCRA 88, 1988): This case emphasized that State immunity is based on the nature of the act, reaffirming that the State cannot be sued without its consent unless the act involves a commercial or proprietary transaction.

• Republic v. Sandiganbayan (204 SCRA 212, 1991): This case illustrated that the immunity of the State does not extend to instances where government officials act beyond their legal authority, in which case they can be personally liable.

• Department of Agriculture v. NLRC (227 SCRA 693, 1993): The court held that when the government engages in activities that can be classified as proprietary or commercial in nature, it is deemed to have waived its immunity from suit.

8. State Immunity and International Law

Under international law, the principle of state immunity operates within similar parameters. The United Nations Convention on Jurisdictional Immunities of States and Their Property (2004), though not yet widely ratified, formalizes the distinction between sovereign acts (jure imperii) and commercial acts (jure gestionis), affirming that immunity only applies to sovereign acts.

In the context of diplomatic relations, the Vienna Convention on Diplomatic Relations (1961) provides diplomatic immunities and privileges, extending the concept of immunity to foreign diplomats in a host state.

9. State Immunity in Special Circumstances

• Foreign States and Sovereign Immunity in the Philippines: Under the Foreign Sovereign Immunities Act (FSIA), foreign states generally enjoy immunity from jurisdiction in Philippine courts unless they engage in commercial or private acts.

• International Organizations: International bodies, such as the United Nations, also enjoy certain immunities under international agreements and host country arrangements.

Conclusion

State immunity, as applied in the Philippine legal system, upholds the principle that the State cannot be sued without its consent, protecting its sovereign prerogatives. However, through constitutional, legislative, and judicial processes, the Philippine government has outlined specific circumstances under which it may waive that immunity, particularly when engaging in commercial activities or violating rights. The distinction between sovereign acts and commercial acts is central to understanding the boundaries of this doctrine.

Sovereignty

Philippine Law on Sovereignty under Political Law and Public International Law

Sovereignty is a fundamental principle in both Political Law and Public International Law. Understanding sovereignty in the Philippine context requires an examination of its definition, its classifications, and its implications under both domestic and international law.

I. Definition of Sovereignty

Sovereignty refers to the supreme power or authority that a state possesses within its territorial jurisdiction. It is the state's inherent right to govern itself without external interference. This principle is central to the existence and functioning of any independent nation-state, including the Philippines.

The concept of sovereignty has both internal and external aspects:

1. Internal Sovereignty: This refers to the state's authority over its own territory and the population within it. The state has the power to enact and enforce laws, establish a government, regulate economic activities, and ensure the welfare of its citizens. Internal sovereignty signifies the state's autonomy in dealing with its internal affairs.

2. External Sovereignty: This concerns the state's freedom from external control or influence. It implies the state's capacity to engage in relations with other states, enter into treaties, and participate in international organizations while maintaining its independence and equality under international law.

II. Sovereignty in the Philippine Legal Context

1. Constitutional Provisions on Sovereignty

The 1987 Philippine Constitution expressly affirms the sovereignty of the Republic of the Philippines. It recognizes the sovereign rights of the Filipino people in the following provisions:

• Article II, Section 1: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them."

  This provision underscores the principle of popular sovereignty—that the ultimate power rests with the people, and the government derives its authority from the consent of the governed. The Philippine government functions as a democratic republic, where the people elect representatives to exercise their sovereignty.

• Article I: Defines the national territory of the Philippines, over which the country exercises sovereignty. This includes the archipelago and all other areas over which the Philippines has jurisdiction, including its territorial sea, airspace, and maritime zones such as the exclusive economic zone (EEZ).

2. National Territory and Sovereign Jurisdiction

The national territory is a manifestation of sovereignty. The Philippines asserts sovereignty and jurisdiction over its defined territory, including its land, maritime domains, and airspace.

• Archipelagic Doctrine: Under this principle, the Philippines is an archipelago and its territorial boundaries are defined by the straight baselines connecting its outermost islands. This principle allows the Philippines to treat the waters within the archipelago as internal waters, subject to full sovereignty.

• Exclusive Economic Zone (EEZ): The Philippines has the sovereign right to explore, exploit, conserve, and manage the natural resources within its 200-nautical-mile EEZ, as recognized by international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS).

3. Sovereign Immunity

The doctrine of sovereign immunity or state immunity is a legal principle under which the state cannot be sued without its consent. This principle is enshrined in the Philippine legal system and follows the classical theory that the state is above any legal challenge by its citizens unless it explicitly waives this immunity. Exceptions to this principle are when the state consents to be sued or when it enters into commercial transactions (the doctrine of jure gestionis).

• Article XVI, Section 3 of the 1987 Constitution affirms that the Philippines enjoys sovereign immunity, but it also allows for the waiver of immunity when the state expressly consents, whether in a contract or through legislation.

4. Sovereignty and National Defense

Sovereignty is closely linked with national defense, as the protection of a state's sovereignty from external threats is one of the primary duties of the government. The Philippine Constitution mandates the state to defend its sovereignty and territorial integrity.

• Article II, Section 3: "The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory."

III. Sovereignty in Public International Law

In the realm of Public International Law, sovereignty remains a foundational concept governing relations between states. The principle of sovereignty is recognized and respected by international law, as each state is considered equal and independent. However, the sovereignty of the Philippines is subject to certain limitations under international law.

1. Principles of Non-Intervention

The principle of sovereignty in international law includes the doctrine of non-intervention, which prohibits states from interfering in the internal affairs of another sovereign state. This principle is rooted in the United Nations Charter, which emphasizes the sovereign equality of all its member states.

• Article 2(1) of the UN Charter: "The Organization is based on the principle of the sovereign equality of all its Members."

2. Sovereignty and International Agreements

The Philippines, like other states, voluntarily enters into international agreements and treaties. By doing so, it does not lose its sovereignty but, rather, agrees to exercise its sovereignty in accordance with certain international norms and obligations. For instance:

• UNCLOS: The Philippines is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS), which governs maritime rights, including its EEZ and continental shelf.
• Mutual Defense Treaty (MDT) with the United States: The Philippines has entered into a security agreement with the United States under the MDT, where both countries pledge to support each other in case of an armed attack. This treaty does not diminish Philippine sovereignty, but instead strengthens its defense capabilities through alliances.

3. The Limits of Sovereignty: Human Rights and Global Governance

In the modern era, the concept of absolute sovereignty has evolved, especially in matters of human rights and global governance. International human rights law places limitations on how a state can exercise its sovereignty, particularly in matters involving the protection of fundamental rights. International bodies like the United Nations and regional organizations such as the Association of Southeast Asian Nations (ASEAN) play a role in enforcing these global standards.

4. Sovereignty and Dispute Resolution

The Philippines has used international legal mechanisms to protect its sovereignty, particularly in territorial disputes. A significant example is the Philippines vs. China case in the Permanent Court of Arbitration, where the Philippines challenged China's claims in the South China Sea under UNCLOS. The tribunal's 2016 ruling favored the Philippines, reaffirming its sovereign rights within its EEZ, although China has refused to recognize the ruling.

IV. Conclusion

Sovereignty is an essential and dynamic concept under Philippine Political Law and Public International Law. It encompasses both the internal authority of the state and its independence in international relations. While the state enjoys supreme power over its territory, its sovereignty is subject to legal norms and obligations that arise from international agreements and the evolving nature of global governance. Sovereignty remains central to national identity, defense, and governance, while balancing the need to participate in the international community and uphold the rule of law.

Declaration of Principles and State Policies

The "Declaration of Principles and State Policies" is a fundamental section of the 1987 Philippine Constitution, which lays down the foundational ideals, goals, and commitments of the Philippine state. This section is located in Article II of the Constitution, and it expresses the guiding principles that direct the operations of government, as well as the aspirations of the country in both domestic and international contexts.

Here's a breakdown of the key elements under this area:

1. Declaration of Principles (Article II, Sections 1 to 12)

The Declaration of Principles enshrines the basic political philosophy that guides the government’s functioning and the relationship between the state and its people.

• Section 1:
  The Philippines is a democratic and republican state. Sovereignty resides in the people, and all government authority emanates from them.

  • This emphasizes that the power of the government is derived from the people, and it should serve the public interest in a democratic fashion.

• Section 2:
  The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to a policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

  • The country upholds peace in international relations, respects international law, and promotes friendly and cooperative relations with other nations.

• Section 3:
  Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines (AFP) is the protector of the people and the state. Its goal is to secure the sovereignty of the state and the integrity of the national territory.

  • This ensures that the military remains under civilian control and that its purpose is to defend the country and its people.

• Section 4:
  The prime duty of the Government is to serve and protect the people. The government may call upon the people to defend the state and, in the fulfillment of this duty, all citizens may be required, under conditions provided by law, to render personal, military, or civil service.

  • The state exists primarily for the welfare of the people and has the authority to call upon its citizens for national defense.

• Section 5:
  The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment of all the people of the blessings of democracy.

  • Public safety and welfare are top priorities for the state.

• Section 6:
  The separation of Church and State shall be inviolable.

  • This affirms that the state and religious institutions operate independently from one another, preventing government interference in religious matters and vice versa.

• Section 7:
  The state shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

  • The Philippines asserts its right to act independently in international matters, prioritizing the interests and security of the country.

• Section 8:
  The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.

  • The state opposes the presence of nuclear weapons within its borders, in line with its peace-oriented foreign policy.

• Section 9:
  The state shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

  • The government is committed to creating conditions for economic and social equity, aiming for prosperity and well-being for all Filipinos.

• Section 10:
  The state shall promote social justice in all phases of national development.

  • Social justice is a key principle that should inform all aspects of development and governance.

• Section 11:
  The state values the dignity of every human person and guarantees full respect for human rights.

  • The protection and respect of human rights are core principles that the government upholds.

• Section 12:
  The state recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural right and duty of parents in rearing the youth for civic efficiency and the development of moral character shall receive the support of the government.

  • This affirms the state's duty to protect the family unit, both as a social institution and in terms of individual rights within the family, such as the right to life and parental authority.

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2. State Policies (Article II, Sections 13 to 28)

The State Policies section outlines the specific goals and priorities of the Philippine government to promote the well-being of the people and ensure national development. These are guiding policies that inform legislation and government action.

• Section 13:
  The state recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism and encourage their involvement in public and civic affairs.

  • This highlights the importance of developing the youth for the future of the country, encouraging their civic participation.

• Section 14:
  The state recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.

  • Gender equality is enshrined as a policy, promoting the role of women in all areas of national life.

• Section 15:
  The state shall protect and promote the right to health of the people and instill health consciousness among them.

  • Public health is recognized as a key responsibility of the government.

• Section 16:
  The state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

  • Environmental protection is a central concern, recognizing the need for sustainable development.

• Section 17:
  The state shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

  • Education, science, culture, and sports are seen as key drivers of national progress.

• Section 18:
  The state affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

  • Workers’ rights and the importance of labor are a priority in the state's social and economic policies.

• Section 19:
  The state shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

  • Economic independence and national control over the economy are key goals.

• Section 20:
  The state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

  • The government supports private business while encouraging investment to foster national development.

• Section 21:
  The state shall promote comprehensive rural development and agrarian reform.

  • Rural development and agrarian reform are central to addressing poverty and inequality.

• Section 22:
  The state recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.

  • The rights of indigenous peoples are recognized and protected as part of national development.

• Section 23:
  The state shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

  • The government recognizes the value of civil society organizations in contributing to national welfare.

• Section 24:
  The state recognizes the vital role of communication and information in nation-building.

  • Free and open communication and the dissemination of information are vital for national development.

• Section 25:
  The state shall ensure the autonomy of local governments.

  • Local autonomy is recognized as crucial for decentralization and good governance.

• Section 26:
  The state shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.

  • Political participation should be open and free from entrenched political dynasties, though specific anti-dynasty legislation is yet to be passed.

• Section 27:
  The state shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

  • The fight against corruption is a priority in ensuring good governance.

• Section 28:
  The state adopts and implements a policy of full public disclosure of all its transactions involving public interest.

  • Transparency in government operations is essential, particularly regarding public transactions.

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Summary of Key Concepts:

1. Democratic Principles:

   • Sovereignty belongs to the people, civilian control over the military, and the state serves and protects its citizens.

2. Foreign Relations:

   • Peace, renunciation of war, adherence to international law, nuclear disarmament, and independent foreign policy are emphasized.

3. Social Justice and Human Rights:

   • The government commits to social justice, equality, human dignity, and protecting family, health, and ecology.

4. National Development:

   • The state prioritizes education, rural development, labor rights, economic independence, and private sector cooperation.

5. Good Governance:

   • Transparency, accountability, and the fight against corruption are central to maintaining public trust in government.

In summary, the Declaration of Principles and State Policies serves as a broad guide for the Philippine government’s priorities and actions, both domestically and in international relations. It reflects the commitment to democratic ideals, social justice, human rights, economic progress, and environmental sustainability.

Amendments and Revisions

Amendments and Revisions of the 1987 Philippine Constitution

The process of amending or revising the Philippine Constitution is a crucial aspect of Political Law. It involves procedures and mechanisms set forth within the Constitution itself. The 1987 Constitution of the Philippines provides a specific framework for amendments and revisions, particularly in Article XVII.

Here’s a detailed breakdown of what one needs to know about amendments and revisions under this section:

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I. Amendment vs. Revision

While both amendment and revision pertain to changes in the Constitution, they differ in terms of scope and nature:

• Amendment: This refers to changes that do not affect the basic structure of the Constitution. Amendments typically deal with specific provisions or sections and are intended to improve or update certain aspects of the Constitution.

• Revision: This involves a more substantial or fundamental change to the Constitution, potentially affecting its overall framework or structure. It may encompass multiple provisions or even the entire Constitution.

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II. Modes of Amending or Revising the Constitution

The 1987 Constitution provides for three modes to propose amendments or revisions:

1. Constituent Assembly (Con-Ass)

   • This refers to Congress (the Senate and House of Representatives) acting as a constituent assembly.
   • Congress can propose amendments or revisions by a vote of three-fourths of all its members.
   • It is important to note that this does not necessarily mean a joint session; the Senate and the House may vote separately on the proposed changes.

2. Constitutional Convention (Con-Con)

   • Congress may also call for a Constitutional Convention for the purpose of proposing amendments or revisions.
   • A Constitutional Convention is a body of delegates elected by the people, who are tasked solely with proposing changes to the Constitution.
   • Congress can either call for a Con-Con by a two-thirds vote of all its members or submit the question of whether or not to call a Con-Con to the electorate for a majority vote.

3. People’s Initiative

   • Under Section 2, Article XVII, the Constitution allows amendments through a People's Initiative.
   • This is a process where the people can directly propose amendments to the Constitution. It requires a petition signed by at least 12% of the total number of registered voters, with each legislative district represented by at least 3% of its registered voters.
   • Note that People's Initiative can only be used for amendments, not for revisions.

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III. Ratification by the People

Once the proposed amendments or revisions are finalized through any of the modes mentioned above, they must be ratified by the Filipino people. The ratification process is outlined in Section 4, Article XVII of the Constitution:

• Proposed amendments or revisions must be submitted to the electorate for approval in a plebiscite.
• The plebiscite must be held not earlier than 60 days nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the Commission on Elections (COMELEC) of the sufficiency of a petition for a People’s Initiative.

The proposed amendments or revisions become part of the Constitution once they are approved by a majority of votes cast in the plebiscite.

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IV. Limitations on Amendments or Revisions

1. No specific limitations on time: The 1987 Constitution does not provide for specific limitations on when amendments or revisions can be proposed, meaning these processes can occur at any time, as long as the constitutional requirements are met.

2. Substantive limitations: There are no explicit prohibitions within the Constitution on the types of provisions that can be amended, except for the general principle that amendments should not violate fundamental rights or be inconsistent with the Constitution's general principles.

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Notable Legal Issues

• Case Law: In Lambino v. Comelec (2006), the Supreme Court struck down an attempt to amend the Constitution via People's Initiative, holding that the petition failed to meet the requirements of Article XVII, as it sought to propose revisions (involving a shift to a parliamentary system) rather than mere amendments, which the People's Initiative process cannot lawfully undertake.

• Separate Voting in Constituent Assembly: There has been debate over whether the Senate and the House of Representatives must vote separately or jointly when convening as a Constituent Assembly. Historically, it has been interpreted that they must vote separately, though no final ruling has been made by the Supreme Court on this issue.

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V. Summary of Procedures

1. Amendments can be proposed through:

   • Constituent Assembly: Three-fourths vote of all members of Congress.
   • Constitutional Convention: Two-thirds vote of Congress to call a convention or by public referendum.
   • People’s Initiative: Petition signed by 12% of the electorate and 3% from each district (amendments only).

2. Revisions can be proposed through:

   • Constituent Assembly: Three-fourths vote of all members of Congress.
   • Constitutional Convention: Two-thirds vote of Congress to call a convention or by public referendum.
   • People's Initiative cannot be used to propose revisions.

3. Ratification:

   • A national plebiscite must be conducted for the people to vote on the proposed changes.
   • A majority vote in favor is required for the amendments or revisions to take effect.

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Importance of Public Participation and Awareness

Since any change to the Constitution fundamentally alters the nation's highest legal document, public participation through the plebiscite ensures that the sovereign people ultimately decide on the final adoption of proposed amendments or revisions. This ensures the legitimacy of any constitutional changes and protects the democratic foundations of the Philippines.

Nature and Concept of a Constitution

Political Law and Public International Law

I. The 1987 Constitution of the Republic of the Philippines

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A. Nature and Concept of a Constitution

1. Definition of a Constitution

A Constitution is the fundamental and supreme law of the land. It establishes the framework for the organization of the government, defines its powers and duties, and outlines the rights of the people. It is the source of authority from which all laws and executive actions must derive their legality and legitimacy.

In the Philippines, the 1987 Constitution is the current Constitution, which was ratified by the Filipino people in a plebiscite held on February 2, 1987. It replaced the 1973 Constitution and was drafted in response to the end of Martial Law under Ferdinand Marcos.

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2. Classifications of Constitutions

Constitutions can be classified in various ways, and these classifications are relevant in understanding the nature of the 1987 Philippine Constitution:

• Written vs. Unwritten Constitution:

  • A written constitution is codified in a formal document (e.g., the 1987 Philippine Constitution), whereas an unwritten constitution relies on customs, judicial decisions, and legal precedents.

• Rigid vs. Flexible Constitution:

  • A rigid constitution is one that requires a special procedure for amendment (e.g., the 1987 Constitution), while a flexible constitution can be amended through ordinary legislative action.

• Constitutional vs. Statutory Law:

  • Constitutional law governs the structure and powers of government, whereas statutory laws are laws passed by the legislature within the framework of the Constitution.

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3. Purpose and Functions of a Constitution

The Constitution serves the following primary functions:

1. Establishment of Government Structure: It creates the framework of government by dividing it into three branches:

   • Legislative: Enacts laws.
   • Executive: Implements laws.
   • Judiciary: Interprets laws.

2. Distribution of Powers: The Constitution allocates powers among the different branches of government (legislative, executive, and judicial) and establishes a system of checks and balances to prevent abuse of power.

3. Limitation of Government Power: The Constitution places limits on governmental powers to protect individual rights and liberties. In the Philippine context, the Bill of Rights (Article III of the 1987 Constitution) is a key feature.

4. Expression of National Ideals and Aspirations: It reflects the fundamental principles and aspirations of the nation, such as the promotion of democracy, social justice, and human rights.

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4. Supremacy of the Constitution

The Constitution is supreme, meaning it takes precedence over all other laws, policies, and governmental acts. Any law or executive act that is inconsistent with the Constitution is void. This principle of constitutional supremacy is enshrined in Article II, Section 1, which states that sovereignty resides in the people and all government authority emanates from them.

Moreover, under Article VIII, Section 5(2)(a), the Supreme Court has the power of judicial review, which allows it to declare acts of the government (laws, executive orders, or even treaties) unconstitutional.

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5. Amendment and Revision of the Constitution

The 1987 Constitution provides for its amendment or revision in Article XVII:

• Amendment refers to a change that is specific and limited, while revision implies a more comprehensive or substantial alteration.

• The Constitution may be amended or revised by:

  • Congress, through a vote of three-fourths of all its Members, or
  • A Constitutional Convention, or
  • People’s Initiative, where a petition signed by at least 12% of the total registered voters nationwide is required, with at least 3% of voters in every legislative district.

Once a proposed amendment or revision is approved by the appropriate body, it must be ratified by a majority of votes cast in a national referendum.

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6. Fundamental Principles of the 1987 Constitution

The following principles are foundational to the 1987 Constitution:

• Republicanism: The Philippines adopts a republican form of government, where sovereignty resides in the people, and public officials are accountable to them. This is emphasized in Article II, Section 1 of the Constitution.

• Democracy: The Constitution upholds democratic ideals, allowing for the participation of citizens in governance, including through elections and referendums.

• Separation of Powers: The Constitution provides for the separation of powers among the legislative, executive, and judicial branches to prevent the concentration of authority.

• Checks and Balances: Each branch of government has the ability to check the actions of the other branches, ensuring no one branch becomes too powerful.

• Rule of Law: The Constitution upholds the principle that laws govern the nation, and no person or institution is above the law.

• Social Justice and Human Rights: The Constitution emphasizes the promotion of social justice and human rights, particularly in Articles II and III (Declaration of Principles and Bill of Rights).

• Autonomy of Local Governments: The Constitution guarantees the autonomy of local government units, allowing them to govern their own affairs to a certain extent, within the framework set by the national government (Article X).

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7. Entrenchment of Human Rights

The Constitution is deeply committed to the protection of human rights. Article III, or the Bill of Rights, outlines the civil and political rights of individuals, including:

• The right to life, liberty, and property (Section 1).
• Freedom of speech, expression, and the press (Section 4).
• The right to due process and equal protection under the law (Sections 1, 14).
• The right to privacy (Section 3).
• The right against unreasonable searches and seizures (Section 2).

These rights are fundamental and are protected from government encroachment.

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Conclusion

The 1987 Constitution is the fundamental law of the Philippines. It establishes the government’s structure, defines the relationship between the state and its citizens, and serves as the supreme legal authority. Its supremacy, commitment to democratic principles, respect for human rights, and mechanisms for amendment ensure its adaptability and relevance to the nation’s evolving needs.