Political Law (Constitutional Law) – Article XVII
ARTICLE XVII- AMENDMENTS OR REVISIONS
Definitions:
1) Amendment: an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution.
2) Revision: An examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole.
Constituent power v. Legislative power
1) Constituent power is the power to formulate a Constitution or to propose amendments to or revisions of the Constitution and to ratify such proposal. Legislative power is the power to pass, repeal or amend or ordinary laws or statutes (as opposed to organic law).
2) Constituent power is exercised by Congress (by special constitutional conferment), by a Constitutional Convention or Commission, by the people through initiative and referendum, and ultimately by sovereign electorate, whereas legislative power is an ordinary power of Congress and of the people, also through initiative and referendum.
3) The exercise of constituent power does not need the approval of the Chief Executive, whereas the exercise of legislative power ordinarily needs the approval of the Chief Executive, except when done by people through initiative and referendum.
Three (3) steps necessary to give effect to amendments and revisions:
1) Proposal of amendments or revisions by the proper constituent assembly;
2) Submission of the proposed amendments or revisions; and
3) Ratification
Proposal of amendments:
Amendments may be proposed by:
A. Congress, acting as a constituent assembly, by a 3/4 vote of all its members.
- The power of Congress to propose amendments is NOT part of its ordinary legislative power.
- The only reason Congress can exercise such power is that the Constitution has granted it such power.
B. Constitutional Convention:
1) How a Constitutional Convention may be called
a). Congress may call a ConCon by a 2/3 vote of all its members; or
b). By a majority vote of all its members, Congress may submit to the electorate the question of whether to call a ConCon or not.
2) Choice of which constituent assembly (either Congress or ConCon) should initiate amendments and revisions is left to the discretion of Congress. In other words, it is a political question.
3) BUT: The manner of calling a ConCon is subject to judicial review, because the Constitution has provided for vote requirements.
4) If Congress, acting as a constituent assembly, calls for a ConCon but does not provide the details for the calling of such ConCon, Congress – exercising its ordinary legislative power – may supply such details. But in so doing, Congress (as legislature) should not transgress the resolution of Congress acting as a constituent assemble.
5) Congress, as a constituent assembly and the ConCon have no power to appropriate money for their expenses. Money may be spent from the treasury only to pursuant to an appropriation made by law.
C. People’s Initiative
1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5 years.
Note:
1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review, the manner the proposals are made is subject to judicial review.
2) Since these constituent assemblies owe their existence to the Constitution, the courts may determine whether the assembly has acted in accordance with the Constitution.
3) Examples of justiciable issues:
a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly).
b) Whether the approved proposals were properly submitted to the people for ratification.
Proposal of Revisions
1) By Congress, upon a vote of 3/4 of its members
2) By a constitutional convention
Ratification
1) Amendments and revisions proposed by Congress and/or by a ConCon:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions.
2) Amendments proposed by the people via initiative:
a) Valid when ratified by a MAJORITY of votes cast in a plebiscite.
b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition’s sufficiency
3) Requisites of a valid ratification:
a) Held in a plebiscite conducted under the election law;
b) Supervised by the COMELEC; and
c) Where only franchised voters (registered) voters take part.
4) Issues regarding ratification:
a) The Constitution does not require that amendments and revisions be submitted to the people in a special election. Thus, they may be submitted for ratification simultaneously with a general election.
b) The determination of the conditions under which proposed amendments/revisions are submitted to the people falls within the legislative sphere. That Congress could have done better does not make the steps taken unconstitutional.
c) All the proposed amendments/revisions made by the constituent assemblies must be submitted for ratification in one single plebiscite. There cannot be a piece-meal ratification of amendments/revisions.
d) Presidential proclamation is NOT required for effectivity of amendments/revisions, UNLESS the proposed amendments/revisions so provide.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations
Political Law (Constitutional Law) – Article XVI
ARTICLE XVI – GENERAL PROVISIONS
Sections 1-2. Symbols of Nationality
1) Flag
- Red, white, and blue.
- With a sun and 3 stars
- The design may be changed by constitutional amendment.
2) Congress may, by law, adopt a new:
(a) Name for the country,
(b) National anthem, or
(c) National seal.
Note: Law will take effect upon ratification by the people in a NATIONAL REFERENDUM.
Section 3. State Immunity
Suability of State
1) The State cannot be sued without its consent.
2) When considered a suit against the State
a). The Republic is sued by name;
b). Suits against an un-incorporated government agency;
c). Suit is against a government official, but is such that ultimate liability shall devolve on the government
i. When a public officer acts in bad faith, or beyond the scope of his authority, he can be held personally liable for damages.
ii. BUT: If he acted pursuant to his official duties, without malice, negligence, or bad faith, they are not personally liable, and the suit is really one against the State.
3) This rule applies not only in favor of the Philippines but also in favor of foreign states.
4) The rule likewise prohibits a person from filing for interpleader, with the State as one of the defendants being compelled to interplead.
Consent to be sued
A. Express consent:
1). The law expressly grants the authority to sue the State or any of its agencies.
2). Examples:
a). A law creating a government body expressly providing that such body “may sue or be sued.”
b). Art. 2180 of the Civil Code, which creates liability against the State when it acts through a special agent.
B. Implied consent:
1). The State enters into a private contract.
a). The contract must be entered into by the proper officer and within the scope of his authority.
b). UNLESS: The contract is merely incidental to the performance of a governmental function.
2). The State enters into an operation that is essentially a business operation.
a). UNLESS: The operation is incidental to the performance of a governmental function (e.g. arrastre services)
b). Thus, when the State conducts business operations through a GOCC, the latter can generally be sued, even if its charter contains no express “sue or be sued” clause.
3). Suit against an incorporated government agency.
a) This is because they generally conduct propriety business operations and have charters which grant them a separate juridical personality.
4). The State files suit against a private party.
UNLESS: The suit is entered into only to resist a claim.
Garnishment of government funds:
1) GENERAL RULE: NO. Whether the money is deposited by way of general or special deposit, they remain government funds and are not subject to garnishment.
2) EXCEPTION: A law or ordinance has been enacted appropriating a specific amount to pay a valid government obligation, then the money can be garnished.
Consent to be sued is not equivalent to consent to liability:
1) The Fact that the State consented to being sued does not mean that the State will ultimately be held liable.
2) Even if the case is decided against the State, an award cannot be satisfied by writs of execution or garnishment against public funds. Reason: No money shall be paid out of the public treasury unless pursuant to an appropriation made by law.
Section 4. THE ARMED FORCES OF THE PHILIPPINES
Composition:
A citizen armed force
Prohibitions and disqualifications:
1) Military men cannot engage, directly or indirectly, in any partisan political activity, except to vote.
2) Members of the AFP in active service cannot be appointed to a civilian position in the government, including GOCCs or their subsidiaries.
The Chief of Staff:
1) Tour of duty: Not exceed to three years
2) EXCEPTION: In times of war or other national emergency as declared by Congress, the President may extend such tour of duty.
Reference:
Political Law (Constitutional Law) Reviewer & Memory Aid
Ateneo Central Bar Operations
