Philippine Consititution of 1987

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

a. The basic principles underlying the 1935, 1973 and 1987 Constitutions.

b.Manifestations of a republican state.

c. Define “state”

COLLECTOR VS. CAMPOS RUEDA, 42 SCRA 23

d. Elements of a state. Define each:

1. people

2. territory

3. sovereignty

4. government

e. Different meanings of the word “people” as used in the constitution:

1. as inhabitants (Art. XIII, Sec. 1; Art. III, Sec. 2);

2. as citizens (Preamble; Art. II, Sec. 1 & 4; Art. III, Sec. 7);

3. as voters (Art. VII, Sec. 4)

f. Presidential & parliamentary forms of government

Read:

1. FREE TELEPHONE WORKERS UNION VS. OPLE, 108 SCRA 757

The government of the Philippines under the 1973 Constitution is “essentially presidential with parliamentary features.”

2. LEGASPI VS. SEC. OF FINANCE, 115 SCRA 418

The form of government is “essentially parliamentary with presidential features.”

g. Two-fold function of the government

Read:

1)BACANI VS. NACOCO, 100 Phil. 468 (Ministrant [merely directory] and Constituent [Mandatory] Functions)

2) ACCFA VS. CUGCO, 30 SCRA 649

Due to complexities of the changing society, the two-fold function of the government as classified by President Wilson is no longer relevant.

h. Parents Patriae

Read:

1) GOVT. VS. MONTE DE PIEDAD, 35 Phil 738

2) CABANAS VS. PILAPIO, 58 SCRA 94

i. De jure govt.? De facto govt.?

Read:

1. AQUINO VS. COMELEC, 62 SCRA 275 (on the de jure aspect)

2. In Re: SATURNINO BERMUDEZ, 145 SCRA 160

A government formed as a result of a people’s revolution, is considered de jure if it is already accepted by the family of nations or other countries like the United States, Great Britain, Germany, Japan, and others.

3. Estrada vs. Macapagal & Desierto, infra.

j. The three (3) kinds of de facto government?

Read: CO KIM CHAM VS. VALDEZ TAN KEH, 75 Phil. 113

There are several kinds of de facto governments.

a. The first, or government de facto in a proper legal sense, is that government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal governments and maintains itself against the will of the latter, such as the government of England under the Commonwealth, first by Parliament and later by Cromwell as Protector.

b. The second is that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force, as the cases of Castine, in Maine, which was reduced to British possession in the war of 1812, and Tampico, Mexico, occupied during the war with Mexico, by the troops of the United States.

c. And the third is that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state of such as the government of the Southern Confederacy in revolt not concerned in the present case with the first kind, but only with the second and third kinds of de facto governments.

“But there is another description of government, called also by publicists a government de facto, but which might, perhaps, be more aptly denominated a government of paramount force. Its distinguishing characteristics are

(1), that its existence is maintained by active military power with the territories, and against the rightful authority of an established and lawful government; and

(2), that while it exists it necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, or wrongdoers, for those acts, though not warranted by the laws of the rightful government.

On the other hand, laws of a political nature...
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