1987 CONSTITUTION OF THE PHILIPPINES
Phil Con 87; People Power (2000)
No IX. Is the concept of People Power recognized in the Constitution? Discuss briefly. (3%)
SUGGESTED ANSWER:
Yes, the concept of People Power is recognized in the Constitution. Under Section 32. Article VI of the Constitution, through initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten 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 thereof. Under Section 16, Article XIII of the Constitution, the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making shall not be abridged. The State shall, by law facilitate the establishment of adequate consultation mechanisms. Under Section 2. Article XVII of the Constitution, the people may directly propose amendments to the Constitution 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.
Phil Con 87; People Power (2003)
No I - Is "people power" recognized by the 1987 Constitution? Explain fully.
SUGGESTED ANSWER:
"People power" is recognized in the Constitution.
Article III, Section 4 of the 1987 Constitution guarantees the right of the people peaceable to assemble and petition the government for redress of grievances.
Article VI, Section 32 of the 1987 Constitution requires Congress to pass a law allowing the people to directly propose and enact laws through initiative and to approve or reject any act or law or part of it passed by Congress or a local legislative body.
Article XIII, Section 16 of the 1987 Constitution provides that the right of the people and their organizations to participate at all levels of social, political, and economic decision-making shall not be abridged and that the State shall, by law, facilitate the establishment of adequate consultation mechanisms.
Article XVII, Section 2 of the 1987 Constitution provides that subject to the enactment of an implementing law, the people may directly propose amendments to the Constitution through initiative.
Nature of the Constitution: Constitutional Supremacy (2004)
(10-a) BNN Republic
SUGGESTED ANSWER:
In case of conflict between a provision of a treaty and a provision of the Constitution, the provision of the Constitution should prevail. Section 5(2)(a), Article VIII of the 1987 Constitution authorizes the nullification of a treaty when it conflicts with the Constitution. (Gonzales v. Hechanova, 9 SCRA 230 [1963]).
Government Presidential Form vs. Parliamentary Form (Q6-2006)
1. a) What is the principal identifying feature of a presidential form of government? Explain. (2.5%)
SUGGESTED ANSWER:
The principal identifying feature of a presidential form of government is embodied in the separation of powers doctrine. Each department of government exercises powers granted to it by the Constitution and may not control, interfere with or encroach upon the acts done within the constitutional competence of the others. However, the Constitution also gives each department certain powers by which it may definitely restrain the others from improvident action, thereby maintaining a system of checks and balances among them, thus, preserving the will of the sovereign expressed in the Constitution.
b) What are the essential characteristics of a parliamentary form of government? (2.5%)
SUGGESTED ANSWER:
The essential characteristics of a parliamentary form of government are: the fusion of the legislative and executive branches in parliament; the prime minister, who is the head of government, and the members of the cabinet, are chosen from among the members of parliament and as such are accountable to the latter; and the prime minister may be removed from office by a vote of loss of confidence of parliament. There may be a head of state who may or may not be elected.
ARTICLE I
National Territory
Contiguous Zone vs. Exclusive Economic Zone (2004)
(2-a-2) Distinguish: The contiguous zone and the exclusive economic zone.
SUGGESTED ANSWER:
CONTIGUOUS ZONE is a zone contiguous to the territorial sea and extends up to 12 nautical miles from the territorial sea and over which the coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. (Article 33 of the Convention on the Law of the Sea.)
The EXCLUSIVE ECONOMIC ZONE is a zone extending up to 200 nautical miles from the baselines of a state over which the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the seabed and of the seabed and subsoil, and with regard to other activities for the economic exploitation and exploration of the zone. (Articles 56 and 57 of the Convention on the Law of the Sea.)
Exclusive Economic Zone; Rights of the Coastal State (Q1-2005)
(c) Enumerate the rights of the coastal state in the exclusive economic zone. (3%)
ALTERNATIVE ANSWER:
In the EXCLUSIVE ECONOMIC ZONE, the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds in an area not extending more than 200 nautical miles beyond the baseline from which the territorial sea is measured. Other rights include the production of energy from the water, currents and winds, the establishment and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. (Art. 56, U.N. Convention on the Law of the Sea)
ALTERNATIVE ANSWER:
SOVEREIGN RIGHTS — for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the seabed and subsoil and the superjacent waters, and with regard to other activities such as the production of energy from the water, currents and winds in an area not extending more than 200 nautical miles beyond the baseline from which the territorial sea is measured. (See Art. 56, UNCLOS) Jurisdiction, inter alia, with regard to:
(1) the establishment and use of artificial islands, installations and structures;
(2) marine scientific research; and
(3) the protection and preservation of the marine environment.
Flag State vs. Flag of Convenience (2004)
(2-a-3) Distinguish: The flag state and the flag of convenience. SUGGESTED ANSWER: FLAG STATE means a ship has the nationality of the flag of the state it flies, but there must be a genuine link between the state and the ship.
(Article 91 of the Convention on the Law of the Sea.)
FLAG OF CONVENIENCE refers to a state with which a vessel is registered for various reasons
such as low or non-existent taxation or low operating costs although the ship has no genuine link with that state. (Harris, Cases and Materials on International Law, 5th ed., 1998, p. 425.)
Territory & Government (1996)
No. 8: A law was passed dividing the Philippines into three regions (Luzon, Visayas, and Mindanao), each constituting an independent state except on matters of foreign relations, national defense and national taxation, which are vested in the Central government. Is the law valid? Explain.
SUGGESTED ANSWER:
The law dividing the Philippines into three regions, each constituting an independent state and vesting in a central government matters of foreign relations, national defense, and national taxation, is unconstitutional.
First, it violates Article I, which guarantees the integrity of the national territory of the Philippines because it divided the Philippines into three states.
Second, it violates Section 1, Article II of the Constitution, which provides for the establishment of democratic and republic States by replacing it with three States organized as a confederation.
Third, it violates Section 22, Article II of the Constitution, which, while recognizing and promoting the rights of indigenous cultural communities, provides for national unity and development.
Fourth, it violates Section 15, Article X of the Constitution, which, provides for autonomous regions in Muslim Mindanao and in the Cordilleras within the framework of national sovereignty as well as territorial integrity of the Republic of the Philippines.
Fifth, it violates the sovereignty of the Republic of the Philippines.
Territorial Sea vs. Internal Waters (2004)
(2-a-1) Distinguish: The territorial sea and the internal waters of the Philippines.
SUGGESTED ANSWER:
TERRITORIAL SEA is an adjacent belt of sea with a breadth of 12 nautical miles measured from the baselines of a state and over which the state has sovereignty. (Articles 2 and 3 of the Convention on the Law of the Sea.) Ship of all states enjoy the right of innocent passage through the territorial sea. (Article 14 of the Convention on the Law of the Sea.) Ship of all states enjoy the right of innocent passage.
Under Section 1, Article I of the 1987 Constitution, the INTERNAL WATERS of the Philippines consist of the waters around, between and connecting the islands of the Philippine Archipelago, regardless of their breadth and dimensions, including the waters in bays, rivers and lakes. No right of innocent passage for foreign vessels exists in the case of internal waters. (Harris, Cases and Materials on International Law, 5th ed., 1998, p. 407.) Internal waters are the waters on the landward side of baselines from which the breadth of the territorial sea is calculated. (Brownlie, Principles of Public International Law, 4th ed., 1990, p. 120.)
ARTICLE II
Declaration of Principles and State Policies
Armed Forces; Servant of the People (2003)
No I - Article II. Section 3, of the 1987 Constitution expresses, in part, that the "Armed Forces of the Philippines is the protector of the people and (of) the State." Describe briefly what this provision means. Is the Philippine National Police covered by the same mandate?
FIRST ALTERNATIVE ANSWER:
Article II, Section 3 of the 1987 Constitution means that the Armed Forces of the Philippines should not serve the interest of the President but of the people and should not commit abuses against the people. (Record of the Constitutional Commission, Vol. V, p. 133.) This provision is specifically addressed to the Armed Forces of the Philippines and not to the Philippine National Police, because the latter is separate and distinct from the former. (Record of the Constitutional Commission, Vol. V, p. 296; Manalo v. Sistoza. 312 SCR A 239 [1999].)
SECOND ALTERNATIVE ANSWER:
Article II, Section 3 of the 1987 Constitution can be interpreted to mean that the Armed Forces of the Philippines can be a legitimate instrument for the overthrow of the civilian government if it has ceased to be the servant of the people. (Bernas, The 1987 Constitution of the Philippines: A Commentary, 2003 ed., p. 66.) This provision does not apply to the Philippine National Police, because it is separate and distinct from the Armed Forces of the Philippines. (Record of the Constitutional Commission, Vol. V, p. 296, Manalo v. Sistoza. 312 SCRA 239 [1999].)
Doctrine of Incorporation; Constitutional Law (1997)
No. 1; What do you understand by the "Doctrine of Incorporation" in Constitutional Law?
SUGGESTED ANSWER:
The DOCTRINE OF INCORPORATION means that the rules of International law form part of the law of the land and no legislative action is required to make them applicable to a country. The Philippines follows this doctrine, because Section 2. Article II of the Constitution states that the Philippines adopts the generally accepted principles of international law as part of the law of the land.
Doctrine of Incorporation;
Pacta Sunt Servanda (2000)
No X. The Philippines has become a member of the World Trade Organization (WTO) and resultantly agreed that it "shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements." This is assailed as unconstitutional because this undertaking unduly limits, restricts and impairs Philippine sovereignty and means among others that Congress could not pass legislation that will be good for our national interest and general welfare if such legislation will not conform with the WTO Agreements. Refute this argument. (5%)
SUGGESTED ANSWER:
According to Tanada v. Angara, 272 SCRA 18 (1997), the sovereignty of the Philippines is subject to restriction by its membership in the family of nations and the limitations imposed of treaty limitations. Section 2. Article II of the Constitution adopts the generally accepted principles of international law as part of the law of the land. One of such principles is pacta sunt servanda. The Constitution did not envision a hermit-like isolation of the country from the rest of the world.
Philippine Flag (Q4-2006)
State whether or not the law is constitutional. Explain briefly.
1. A law changing the design of the Philippine flag. (2%)
ALTERNATIVE ANSWER:
The law is invalid considering that under Article XVI, Section 1 of the 1987 Constitution, the flag of the Philippines shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. Since the Constitution itself prescribes the design, it can only be changed by constitutional amendment.
ALTERNATIVE ANSWER:
The law is valid, provided that the new design does not change the elements and color scheme of the flag as stated in the Constitution, and the flag is consecrated and honored by the people. Since the Constitution itself states that the flag must be recognized by law, it implies that certain aspects of the flag are subject to change through legislative action.
Principle of Civilian Supremacy(Q6-2006)
2. What Constitutional provisions institutionalize the principle of civilian supremacy? (2.5%)
SUGGESTED ANSWER:
The following constitutional provisions institutionalize the principle of civilian supremacy:
Civilian authority is at all times supreme over the military. [Article II, Section 3]
The installation of the President, the highest civilian authority, as the Commander-in-Chief of the military. [Ar¬ticle VII, Section 18]
The requirement that members of the AFP swear to uphold and defend the Constitution, which is the fundamental law of the civil government. [Article XVI, Section 5(1)]
The requirement that members of the AFP shall have respect for people's rights in the performance of their duty. [Article XVI, Section 5(2)]
Professionalism in the armed forces. [Article XVI, Section 5(3)]
Insulation of the AFP from partisan politics. [Article XVI, Section 5(3)]
Prohibition against the appointment of an AFP member in the active service to a civilian position. [Article XVI, Section 5(4)]
Compulsory retirement of officers without extension of service. [Article XVI, Section 5(5)]
Requirement of proportional recruitment from all provinces and cities, so as to avoid any regional clique from forming within the AFP. [Article XVI, Section 5(7)]
A 3-year limitation on the tour of duty of the Chief of Staff, which although extendible in case of emergency by the President, depends on Congressional declaration of emergency. [Article XVI, Section 5(6)]
The establishment of a police force that is not only civilian in character but also under the local executives. [Article XVI, Section 5(7)]
State Immunity from Suit (1996)
No. 6; The Republic of the Balau (formerly Palau Islands) opened and operated in Manila an office engaged in trading Balau products with Philippine products. In one transaction, the local buyer complained that the Balau goods delivered to him were substandard and he sued the Republic of Balau, before the Regional Trial Court of Pasig, for damages. a) How can the Republic of Balau invoke its sovereign immunity? Explain. b) Will such defense of sovereign immunity prosper? Explain.
SUGGESTED ANSWER:
A) The Republic of Balau can invoke its sovereign Immunity by filing a motion to dismiss in accordance with Section l(a), Rule 16 of the Rules of Court on the ground that the court has no jurisdiction over its person.
According to the Holy See vs. Rosario, 238 SCRA 524, in Public International Law, when a State wishes to plead sovereign immunity in a foreign court, it requests the Foreign Office of the State where it is being sued to convey to the court that it is entitled to immunity. In the Philippines, the practice is for the foreign government to first secure an executive endorsement of its claim of sovereign immunity. In some cases, the defense of sovereign immunity is submitted directly to the local court by the foreign government through counsel by filing a motion to dismiss on the ground that the court has no Jurisdiction over its person.
b) No, the defense of sovereign Immunity will not prosper. The sale of Balau products is a contract involving a commercial activity. In United States vs. Ruiz, 136SCRA487 and United States vs. Guinto, 182 SCRA 644, it was stated that a foreign State cannot invoke Immunity from suit if it enters into a commercial contract. The Philippines adheres to RESTRICTIVE SOVEREIGN IMMUNITY.
State Immunity from Suit (1999)
A. 1.) What do you understand by state immunity from suit? Explain. (2%)
2.) How may consent of the state to be sued be given? Explain. (2%)
SUGGESTED ANSWER:
1.) STATE IMMUNITY FROM SUIT means that the State cannot be sued without its consent. A corollary of such principle is that properties used by the State in the performance of its governmental functions cannot be subject to judicial execution.
2.) Consent of the State to be sued may be made expressly as in the case of a specific, express provision of law as waiver of State immunity from suit is not inferred lightly (e.g. C.A. 327 as amended by PD 1445} or impliedly as when the State engages in proprietary functions (U.S. v. Ruiz, U.S. v. Guinto) or when it files a suit in which case the adverse party may file a counterclaim (Froilan v. Pan Oriental Shipping) or when the doctrine would in effect be used to perpetuate an injustice (Amigable v. Cuenca, 43 SCRA 360).
State Immunity from Suit (1999)
No VI - B. The employees of the Philippine Tobacco Administration (PTA) sued to recover overtime pay. In resisting such claim, the PTA theorized that it is performing governmental functions. Decide and explain. (2%)
SUGGESTED ANSWER:
As held in Philippine Virginia Tobacco Administration v. Court of Industrial Relations, 65 SCRA 416, the Philippine Tobacco Administration is not liable for overtime pay, since it is performing governmental functions. Among its purposes are to promote the effective merchandising of tobacco so that those engaged in the tobacco industry will have economic security, to stabilize the price of tobacco, and to improve the living and economic conditions of those engaged in the tobacco industry.
State Immunity vs. Waiver of Immunity (1997)
No, 6: It is said that "waiver of immunity by the State does not mean a concession of its liability". What are the implications of this phrase?
SUGGESTED ANSWER:
The phrase that waiver of immunity by the State does not mean a concession of liability means that by consenting to be sued, the State does not necessarily admit it is liable. As stated in Philippine Rock Industries, Inc. vs. Board of Liquidators, 180 SCRA 171, in such a case the State is merely giving the plaintiff a chance to prove that the State is liable but the State retains the right to raise all lawful defenses.
State Principles & Policies (1994)
No. 1; What is the state policy on: a) working women? b) ecology? c) the symbols of statehood? d) cultural minorities? e) science and technology?
SUGGESTED ANSWER:
a) Section 14, Article XIII of the Constitution provides: "The State shall protect WORKING WOMEN by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation."
b) Section 16, Article II of the Constitution provides: The State shall protect and advance the right of the people and their posterity to a balanced and healthful ECOLOGY in accord with the rhythm and harmony of nature."
c) Section 1, Article XVII of the Constitution provides: "The FLAG OF THE PHILIPPINES shall be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law."
Section 2, Article XVI of the Constitution states: The Congress may by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum."
d) Section 22, Article II of the Constitution provides: The State recognizes and promotes the rights of INDIGENOUS CULTURAL COMMUNITIES within the framework of national unity and development."
Section 5, Article XII of the Constitution reads: The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social and cultural well-being.
The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of the ancestral domains."
Section 6, Art. XIII of the Constitution provides: The State shall apply the principles of AGRARIAN REFORM or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farm workers in its own agricultural estates which shall be distributed to them in the manner provided by law."
Section 17. Article XIV of the Constitution states: "The State shall recognize, respect and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies”.
e) Section 17, Article II of the Constitution provides: "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."
Section 14, Article XII of the Constitution reads in part: "The sustained development of a reservoir of NATIONAL TALENTS consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen shall be promoted by the State, The State shall encourage appropriate technology and regulate Its transfer for the national benefit.
Sub-section 2, Section 3. Article XIV of the Constitution states: "They (EDUCATIONAL INSTITUTIONS) shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency."
Section 10. Article XIV of the Constitution declares: "SCIENCE and TECHNOLOGY are essential for national development and progress. The State shall give priority to research and development, invention, innovation, and their utilization; and to science and technology education, training, services. It shall support indigenous, appropriate, and self-reliant scientific and cultural capabilities, and their application to the country's productive systems and national life."
Section 11, Article XIV of the Constitution provides: "The Congress may provide for incentives, including TAX DEDUCTIONS, to encourage private participation in programs of basic and applied scientific research. Scholarships, grants-in-aid or other forms of Incentives shall be provided to deserving science students, researchers, scientists, investors, technologists, and specially gifted citizens."
Section 12, Article XIV of the Constitution reads: The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology."
NOTE: It is suggested that if an examinee gave a substantive answer without giving the exact provisions of the Constitution, then he should be given full credit. Further, one provision quoted/discussed by the examinee should be sufficient for him to be given full credit.
Transparency; Matters of Public Interest (2000)
No V. State at least three constitutional provisions reflecting the State policy on transparency in matters of public interest. What is the purpose of said policy? (5%)
SUGGESTED ANSWER:
The following are the constitutional provisions reflecting the State policy on transparency in matters of public interest:
1. "Subject to reasonable conditions prescribed by law, the State adopts and Implements a policy of full public disclosure of all its transactions involving public interest." (Section 28, Article II)
2. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded to citizen, subject to such limitations as may be provided by law." (Section 7, Article III)
3. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member." (Section 20. Article VI)
4. The Office of the Ombudsman shall have the following powers, functions, and duties: XXX XXX
(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence," (Section 12, Article XI)
5. "A public officer or employee shall, upon assumption of office, and as often as thereafter may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law." (Section 17, Article XI)
6. "Information on foreign loans obtained or guaranteed by the Government shall be made available to the public." (Section 21 Article XII)
As explained In Valmonte v. Belmonte, 170 SCRA 256 (1989), the purpose of the policy is to protect the people from abuse of governmental power. If access to information of public concern is denied, the postulate "public office is a public trust" would be mere empty words. {Note: The examinee should be given full credit if he gives any three of the above-mentioned provisions.}
