I.

GENERAL PRINCIPLES
A. Political Law branch of public law which 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.
B. Scope/Division
1)Constitutional Law 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)Administrative Law Fixes the organization of the government;
Determines the competence of the administrative authorities who execute
the law; and Indicates to the individuals remedies for the violation of his
right.
3)Law on Municipal Corporations
4)Law of Public Officers
5)Election Law
C. Basis of the Study
1)1935 and 1973 Constitution
2)1986 Constitution
3)Other organic laws made to apply in the Philippines
4)Statutes, EOs and decrees, judicial decisions
5)US Constitution
II. THE PHILIPPINE CONSTITUTION
A. Nature of the Constitution
1. Constitution defined. The body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised.
That written instrument enacted by the direct action of the people, by which
the fundamental powers of the government are established, limited and
defined; and by which those powers are distributed among several
departments for their safe and useful exercise for the benefit of the body
politic.
2. Purpose:
To prescribe permanent framework of a system of government;
To assign to several departments their respective powers and duties; and
To establish certain first principles on which the government is founded
3. Classification
Written precepts are embodied in one document/ set of documents
Unwritten rules which have not been integrated into a single, concrete
form but are scattered in various sources (statutes, judicial decisions,
commentaries, customs and traditions, common law principles).
Enacted (Conventional) formally struck off at a definite time and
place following a conscious or deliberate effort taken by a constituent
body or ruler.
Evolved (Cumulative) result of political evolution, changing by
accretion rather than by any systematic method.
Rigid amended only by formal and usually difficult process
Flexible changed by ordinary legislation
4. Qualities of a good written Constitution
1)Broad it must be comprehensive enough to provide for every
contingency.
2)Brief it must confine to basic principles to be implemented with
legislative details more adjustable to change and easier to amend
3)Definite To prevent ambiguity in its provisions which could result in
confusion and divisiveness among the people.
5. Essential parts of a good written Constitution
1)Constitution of Liberty The series of prescriptions setting forth the
fundamental civil and political rights of the citizens and imposing
limitations on the powers of the government as a means of securing the
enjoyment of those rights.
2)Constitution of Government The series of provisions outlining the
organization of the government; enumerates its powers; and lay down
rules relative to its administration and defining the electorate.
3)Constitution of Sovereignty The provisions points out the mode or
procedure in accordance with formal changes in the fundamental law
may be brought about
6. Interpretation/Construction of the Constitution
Verba legis: the words used in the constitution must be given their
ordinary meaning except where technical terms are employed
Ratio legis et anima: The words of the constitution should be
interpreted in accordance with the intent of the framers, bearing in
mind the objects sought to be accomplished and evils sought to be
prevented; doubtful provision shall be examined in light of the history
of the times and the conditions and circumstances under which the
Constitution was framed
Ut magis valeat quam pereat: The Constitution has to be interpreted
as a whole
Safer to construe the Constitution from what appears upon its face. If,
however, the plain meaning of the word is not found to be clear, resort to
other aids is available.
In case of doubt, consider provisions as self-executing; mandatory rather
than directory; and prospective rather than retroactive.
Self-executing provisions: A provision which is complete in itself and
becomes operative without the aid of supplementary or enabling
legislation, or that which supplies a sufficient rule by means of which
the right it grants may be enjoyed or protected, is self-executing.
Self-executing if the nature and extent of the right conferred and liability
imposed are fixed by the Constitution itself.
Section 26, Article II of the Constitution does NOT contain judicially
enforceable constitutional rights.
7. The doctrine of Constitutional Supremacy If a law or a contract
violates any norm of the Constitution, that law or contract, whether
promulgated by the legislative or the executive branch of Government or
entered into by private persons for private purposes, is null and void, and
without any force and effect. Since the Constitution is the supreme law of
the land, it is deemed written in every statute and every contract.
B. Brief Constitutional History
1)Malolos Constitution
2)American Regime and Other Organic Acts
3)1935 Constitution
4)Japanese Occupation
5)1973 Constitution
6)1987 Constitution
C. Amendment vs Revision
Revision broadly implies a change that alters a basic principle in the
Constitution, like altering the principle of separation of powers or the
system of checks and balances.
Generally affects several provisions of the Constitution
Amendment broadly refers to a change that adds, reduces, deletes, without
altering the basic principle involved.
Generally affects only the specific provision being changed.
In determining whether the proposal involves an amendment or revision,
the Court considered the two-part test.
1)Quantitative test asks whether the proposed change is so extensive in
its provisions as to change directly the substance entirety of the
Constitution by the deletion or alteration of numerous provisions. The
Court examines only the number of provisions affected and does not
consider the degree of the change.
2)Qualitative test which inquires into the qualitative effects of the
proposed change in the Constitution. The main inquiry is whether the
change will accomplish such far-reaching changes in the nature of our
basic governmental plan as to amount to a revision.
3. Steps in the amendatory process:
a. Proposal. The adoption of the suggested change in the Constitution. A
proposed amendment may come from:
i. Congress, of ALL its members understood as of Senate
and of HRs
ii. Constitutional Convention, called into existence by 2/3 vote of
all the members of Congress or by a majority vote of all members
fo Congress with the question of whether or not to call a
convention to be resolved by the people in a plebiscite
Three theories on the position of a Constitutional convention vis--vis the
regular departments of government:
a. Theory of Conventional Sovereignty;
b. Convention is inferior to the other departments;
c. Independent of and co-equal to the other departments.
iii. People through Power of Initiative, Requisite: petition of at least
12% of the total number of registered voters, of which every
legislative district must be represented by at least 3% of the
registered voters therein power of the people to propose
amendments to the Constitution or to propose and enact legislation
through an election called for that purpose
Limitation: No amendment w/in 5 years following the ratification of this
Constitution nor more than once every five years thereafter.
Initiative is the power of the people to propose amendments to the
Constitution or to propose and enact legislation through an election called
for that purpose
3 systems of initiative:
1. Initiative on the Constitution: which refers to a petition proposing
amendments to the Constitution;
2. Initiative on Statutes: which refers to a petition proposing to enact a
national legislation;
3. Initiative on Local Legislation: which refers to a petition proposing to
enact a regional, provincial, city, municipal or barangay law, resolution
or ordinance
Indirect Initiative is exercise of initiative by the people through a
proposition sent to Congress or the local legislative body for action.
Procedure: The essence of amendments directly proposed by the people
through initiative upon a petition is that the entire proposal on its face is a
petition of the people. Thus, two essential elements must be present:
1)The people must author and sign the entire proposal; no agent or
representative can sign in their behalf.
2)As an initiative upon a petition, the proposal must be embodied in the
petition.
Peoples initiative applies only to an amendment, not a revision, of the
Constitution. A peoples initiative can only proposed amendments to the
Constitution, inasmuch as the Constitution itself limits initiatives to
amendments, as shown by the deliberations of the Constitutional
Commissions.
Choice of method of proposal is within the full discretion of the legislature
Ratification: The proposed amendment shall become part of the
Constitution when ratified by a majority of the votes cast in a plebiscite
held not earlier than 60 nor later than 90 days after the approval of the
proposal by Congress or the Constitutional Convention, or after the
certification by the COMELEC of the sufficiency of the initiative.
Doctrine or proper submission: Constitution prescribes the time frame
within which the plebiscite is to be held, there can no longer be any
question on whether the time given to the people to determine the merits
and demerits of the proposed amendment is adequate.
Plebiscite may be held on the same day as a regular election.
The use of the word Election in the singular meant that the entire
Constitution must be submitted for ratification at one plebiscite only;
furthermore, the people have to be given a proper frame of reference in
arriving at their decision.
Judicial Review of Amendments The question is now regarded as
subject to judicial review because invariably the issue will boil down to
whether or not the constitutional provisions had been followed.
D. The Power of Judicial Review
Judicial Review power of the courts to test the validity of executive and
legislative acts in light of their conformity with the Constitution.
The power is inherent in the Judicial Department, by virtue of the doctrine
of separation of powers. The duty remains to assure that the supremacy of
the Constitution is upheld..
That duty is part of the judicial power vested in the courts by an express
granted under Section 1, Article VII of the Constitution: Judicial power
includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and 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 Government.
Who may exercise
Art VIII of the Constitution recognizes the power of the SC to decide
constitutional questions.
Constitutional appellate jurisdiction of the SC and implicitly recognizes
the authority of lower courts to decide questions involving the
constitutionality of laws, treaties, agreements, etc.
It is settled that RTCs have jurisdiction to resolve the constitutionality of
a statute this authority being embraced in the general definition of the
judicial power to determine what are valid and biding laws by the
criterion of their conformity with the fundamental law.
However in all actions assailing the validity of a statute, treaty, presidential
decree, order or proclamation --- and not just in actions involving
declaratory relief and similar remedies --- notice to SolGen is mandatory as
required in sec 3 Rule 64 of the Rules of Court. The purpose is to enable
him to decide whether or not his intervention in the action is necessary. To
deny such notice would be tantamount to depriving him of his day in court.
Functions of Judicial Review
1)Checking
2)Legitimizing
3)Symbolic
Political questions are, ordinarily, outside the pale of judicial review.
The term political question connotes what it means in ordinary parlance,
namely a question of policy. It refers to 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
legislative or executive branch, of government. It is concerned with issues
dependent upon the wisdom, not legality, of a particular measure.
Requisites
1. Actual case or controversy
Constitutional question must be raised by the proper party
A partys standing in court is a procedural technicality which may be set
aside by the Court in view of the importance of the issues involved;
paramount public interest/transcendental importance
Present substantial interest such interest of a party in the subject matter
of the action as will entitle him under substantive law, to recover of the
evidence is sufficient, or that he has a legal title to defend and the defendant
will be protected in payment to or recovery from him.
A taxpayer, or group of taxpayers, is a proper party to question the validity
of a law appropriating public funds.
2 Requisites for Taxpayers Suit:
Public funds are disbursed by a political subdivision or instrumentality
A law is violated or irregularity is committed
Petitioner is directly affected by the ultra vires act
The Government is a proper party to question the validity of its own laws,
because more than any one, it should be concerned with the
constitutionality of its acts
The established rule is that a party can question the validity of a statute only
if, as applied to him, it is unconstitutional.
Exception: Facial Challenge, when it operates in the area of freedom of
expression.
Overbreadth Doctrine: permits a party to challenge the validity of a statute
even though, as applied to him, it is not unconstitutional, but it might be if
applied to other not before the Court whose activities are constitutionally
protected.
Invalidation of the statute on its face, rather than as applied is
permitted in the interest of preventing a chilling effect on freedom of
expression.
Facial challenge is the most difficult challenge because the challenge must
establish that no set of circumstances exists under which the act would be
valid.
The constitutional question must be raised at the earliest possible
opportunity
The decision on the constitutional question must be determinative of the
case itself.
Bars judicial inquiry into a constitutional question unless the resolution is
indispensable to the determination of the case.
Every law has in its favor the presumption of constitutionality, and to
justify its nullification, there must be a clear and unequivocal breach of the
Constitution.
Effects of Declaration of Unconstitutionality
Orthodox View: unconstitutional act is not a law, it confers no rights and
imposes no duties; it affords no protection, creates no office; it is
inoperative as if it had not been passed at all.
Modern View: certain legal effects of the statute prior to its declaration of
unconstitutionality may be recognized.
Partial Unconstitutionality
Legislature must be willing to retain the valid portions separability
clause
Valid portion can stand independently as law
III. THE PHILIPPINES AS A STATE
State: 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.
State is a legal or juristic concept; nation is an ethnic or racial concept.
Government is an instrumentality of the State through which the will of the
State is implemented and realized.
Elements:
People
Territory
Components:
Terrestrial
Fluvial
Maritime
Aerial
Government
Sovereignty
Archipelago Doctrine: the 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.
Straight Baseline Method: Imaginary straight lines are drawn joining the
outermost points of outermost islands of the archipelago, enclosing an area
the ratio of which should not be more than 9:1; provided that the drawing of
the baselines shall not depart, to any appreciable extent, from the general
configuration of the archipelago.
Functions of the Government:
Constituent mandatory for the Government to perform because they
constitute the very bonds of society
Ministrant intended to promote the welfare, progress and prosperity of the
people and which are merely optional for Government to perform
Doctrine of Parens Patriae: parents of the people; the Government may act
as guardian of the rights of the people who may be disadvantaged or
suffering from some disability or misfortune.
Classification
De jure
De facto Kinds
Takes possession or 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;
Established by the inhabitants of a territory who rise in insurrection against
the parent state; and
Established by invading forces of an enemy who occupy a territory in the
course of war (de facto government of paramount force).
Presidential separation of executive and legislative powers
Parliamentary fusion of both executive and legislative in
Parliament; actual exercise of executive powers is vested in a Prime
Minister who is chosen by, and accountable to the Parliament
Unitary
Federal
Sovereignty: supreme and uncontrollable power inherent in a State by
which that State is governed
Kinds:
Legal power to issue final commands
Political sum total of all the influences which lie behind the law
Internal supreme power over everything within the territory
External/Independence freedom from external control
Characteristics:
Permanence
Exclusiveness
Comprehensiveness
Absoluteness
Indivisibility
Inalienability
Imprescriptibility
Effects of Change in Sovereignty: Political laws are abrogated;
municipal laws remain in force
Effects of Belligerent Occupation: No change in sovereignty.
Political laws, except the law on treason, are suspended;
Municipal laws remain in force unless repealed by belligerent occupant;
At the end of belligerent occupation, political laws shall automatically
become effective again (doctrine of jus postliminium)
Dominium capacity to acquire or own property
Imperium authority possessed by the State embraced in the
concept of sovereignty
Jurisdiction
Territorial: power of the State over persons and
things within its territory.
Exemption:
Foreign states, head of states, diplomatic representatives and consuls to a
certain degree;
Foreign state property, including embassies, consulates and public vessels
engaged in non-commercial activities;
Acts of state
Foreign merchant vessels exercising the rights of innocent passage or
involuntary entry such as arrival under stress
Foreign armies passing through or stationed in its territory with its
permission; and
Other persons or property, including organizations like the UN, over which
it may, by agreement, waive jurisdiction.
Personal: power of the State over its nationals, which
may be exercised by the State even of the individual is outside the territory
of the State.
Extraterritorial: power exercised by the State beyond
its territory, example:
Assertion of its personal jurisdiction over its nationals abroad or the
exercise of its right to punish offenses committed outside its territory
against its national interests even if the offenders are non-resident aliens;
By virtue of its relations with other states/territories (as when it establishes
a colonial protectorate or a condominium or administers a trust territory or
occupies enemy territory in the course of war);
Local state waives jurisdiction over persons and things within its territory;
Principle of extraterritoriality
Enjoyment of easements or servitudes (easement of innocent passage or
arrival under stress)
Exercise of jurisdiction by the state in the high seas over its vessels, over
pirates, in the exercise of the right to visit and search, and under doctrine or
hot pursuit;
Exercise of limited jurisdiction over the contiguous zone and the
patrimonial sea, to prevent infringement of its customs, fiscal, immigration
or sanitary regulations.
State Immunity from Suit: The State cannot be sued without its consent.
Royal Prerogative of Dishonesty: There can be no legal right against the
authority which makes the law on which the right depends. It may be sued
if its gives consent.
Par in parem non habet imperium: Immunity is enjoyed by other States.
The Head of the State, who is deemed the personification of the State, is
inviolable and enjoys immunity.
Test to Determine if Suit is Against the State
Whether it requires an affirmative act from the state.
Suit against Government Agencies
Incorporated if the charter provides that the agency can sue and be sued,
then suit will lie, including one for tort. The provision in the charter
constitutes express consent on the part of the State to be sued.
Municipal corporations, agencies of the state when they are engaged in
governmental functions and should enjoy sovereign immunity from suit.
They are subject to suit even in the performance of such functions because
their respective charters provide that they can sue and be sued. (Section 22
LGC)
Unincorporated inquire into the principal functions
If governmental: no suit without consent
If proprietary: suit will lie, because when the State engages in principally
proprietary functions, then it descends to the level of a private individual,
and may therefore be vulnerable to suit.
Suit Against Public Officers: The doctrine of state immunity also applies to
complaints filed against officials of the State for acts performed by them in
the discharge of their duties within the scope of their authority.
Exceptions: (may be sued without prior consent from State)
to compel him to do an act required by law;
to restrain him from enforcing an act claimed to be unconstitutional;
to compel the payment of damages from an already appropriated assurance
fund or to refund tax over-payments from a fund already available for the
purpose;
to secure a judgment that the officer impleaded may satisfy by himself
without the State having to do a positive act to assist him;
where government itself has violated its own laws, because the doctrine of
state immunity cannot be used to perpetrate an injustice
Where a public officer has committed an ultra vires act, or there is a
showing of bad faith, malice or gross negligence, then the officer can be
held personally accountable.
In order that suit may lie against the state, there must be consent. Where no
consent is shown, state immunity from suit may be invoked as a defense by
the courts sua sponte at any stage of the proceedings.
Express consent: general law or special law
Implied consent
state commences a litigation
state enters into a business contract
Scope of consent: consent to be sued does not include consent to the
execution of judgment against it. Such execution will require another
waiver.
Suability is not equated with outright liability. Liability will have to be
determined by the court on the basis of the evidence and the applicable law.
IV. FUNDAMENTAL POWERS OF THE STATE
Inherent powers of the State
Police Power
Eminent Domain
Power of Taxation
Similarities
inherent in the state, without need of express constitutional grant
necessary and indispensable
methods by which the state interferes with private property
presupposes equivalent compensation
exercised primarily by legislature
Distinctions
Police power regulates liberty and property
Eminent domain and taxation affects only property rights
Police power and taxation are exercised only by government
Eminent domain may be exercised by private entities
Property taken in police power is usually noxious or intended for noxious
purposes and may be destroyed
In eminent domain and taxation, the property is wholesome and
devoted to public use/purpose.
Compensation in police power is the intangible, altruistic feeling that the
individual has contributed to the public good;
In eminent domain, it is the full and fair equivalent of the
property taken;
In taxation, it is the protection given and/or public
improvements instituted by government for taxes paid.
Limitations
Bill of Rights
Courts may annul improvident exercise of police power
Police Power
Power of promoting public welfare by restraining and regulating the use of
liberty and property.
Most pervasive, least limitable and most demanding of the three powers.
Justification: salus populi est suprema lex and sic utere tuo ut alienum non
laedas
Who may exercise?
Inherently vested in Legislature
Congress may validly delegate this power to the President, administrative
bodies and to lawmaking bodies of LGUs.
LGUs exercise this power under the general welfare clause
Limitations (test for valid exercise)
Lawful subject: interest of the public; activity or property sought to be
regulated affects the general welfare; if it does then the enjoyment of the
rights flowing therefrom may have to yield to the interest of the greater
number.
Lawful means: means employed are reasonably necessary for the
accomplishment of the purpose and not unduly oppressive on individuals.
Express grant by law
Within territorial limits (for LGUs except when exercised to protect water
supply)
Must not be contrary to law
For Municipal Ordinances to be Valid:
Must not contravene the Constitution or the statute
Must not be unfair or oppressive
Must not be partial or discriminatory
Must not prohibit but may regulate trade
Must not be unreasonable
Must be general in application and consistent with public policy
Power of Eminent Domain (Power of Expropriation)
Jurisdiction
RTC
Who may exercise the power
Congress
By delegation, the President, administrative bodies, LGUs and even private
enterprises performing public services
Requisites
Necessity
Private Property, except money and choses in action
Taking in the constitutional sense
Public use
Just Compensation full and fair equivalent of the property taken; fair
market value of the property
Judicial Prerogative
Ascertainment of what constitutes just compensation for property taken in
eminent domain cases is a judicial prerogative.
Form of Compensation
Paid in money and no other form.
In agrarian reform, payment is allowed to be made partly in bonds because
under the CARP, we do not deal with the traditional exercise of the power
of eminent domain; we deal with a revolutionary kind of expropriation.
Reckoning point of market value of the property
Date of the taking or the filing of the complaint, whichever comes first.
Principal criterion in determining just compensation
Character of the land at the time of the taking
Entitlement of owner to interest
When there is delay in the payment of just compensation, the owner is
entitled to payment of interest if claimed; otherwise, interest is deemed
waived;
Interest is 6% per annum, prescribed in Article 2209 of the CC, NOT 12%
per annum under Central Bank Circular No. 416, latter applies to loans or
forbearances of money, goods or credits or judgments involving such loans
or forbearance of money, goods or credits. The kind of interest here is by
way of damages.
In some expropriation cases, the court imposes 12% damages for delay
in payment which, in effect, makes the obligation on the part of government
one of forbearance.
Who else may be entitled to just compensation
Owner
Those who have lawful interest
Title to the property
Does not pass until after payment
Right of landowner in case of non-payment of just
compensation
Does not entitle to recover possession of the expropriated lots
Only to demand payment of the FMV of the property
Due process of law
Defendant must be given an opportunity to be heard
Writ of Possession, ministerial upon:
Filing of complaint for expropriation sufficient in form and substance
Upon deposit by the government of the amount equivalent to 15% of the
FMV of the property per current tax declaration
The plaintiffs right to dismiss the complaint has always been
subject to Court approval and to certain conditions, because the
landowner may have already suffered damages at the start of the
taking.
Right to repurchase or re-acquire the property
Property owners right to repurchase the property depends upon the
character of the title acquired by the expropriator: if land is expropriated for
a particular purpose with the condition that when that purpose is ended or
abandoned, the property shall revert to the former owner, the former owner
can re-acquire the property.
Lands for socialized housing are to be acquired in the following order:
Government lands
Alienable lands of the public domain
Unregistered, abandoned or idle lands;
Lands within the declared Areas for Priority Development, Zonal
Improvement Program sites, Slum Improvement and Resettlement sites
which have not yet been acquired;
BLISS sites which have not yet been acquired; and
Privately owned lands
The mode of expropriation is subject to 2 conditions:
Resorted to only when the other modes of acquisition have been exhausted
Parcels owned by small property owners are exempt from such acquisition
Small property owners:
Owners of residential lots not more than 300 sq. m. in highly urbanized
cities and not more than 800 sq. m. in other urban areas
They do not own residential property other than the same
Power of Taxation
Who may exercise
Legislature
Local legislative bodies
To a limited extent, the President, when granted delegated tariff powers
Limitations on the exercise
Due process of law, must not be confiscatory
Equal protection clause, must be uniform and equitable
Public purpose
Double taxation
Additional taxes are laid on the same subject by the same taxing
jurisdiction during the same taxing period and for the same purpose.
Tax Exemptions
No law granting tax exemption shall be passed without the concurrence of a
majority of all the Members of Congress.
Charitable institutions, churches and parsonages or convents appurtenant
thereto, mosques, non-profit cemeteries, and all lands, buildings and
improvements actually, directly and exclusively used for religious,
charitable or educational purposes exempt
Revenues and assets of non-stock, non-profit educational institutions used
actually, directly and exclusively for educational purposes exempt
Proprietary educational institutions may be exempt subject to limitations
provided by law
Grants, endowments, donations, or contributions used actually, directly, and
exclusively for educational purposes exempt
Police Power vs. Taxation
License fee v. Tax license fee is a police measure; tax is revenue
measure
Amount collected for a license fee is limited to the cost of permit and
reasonable police regulation (except when the license fee is imposed on a
non-useful occupation); amount of tax may be unlimited provided it is not
confiscatory
License fee is paid for the privilege of doing something and may be
revoked when public interest so requires; tax is imposed on persons or
property for revenue
Kinds of license fee
For useful occupation/enterprises
Non-useful occupation/enterprises (when used to discourage, it may be a bit
exorbitant)
V. PRINCIPLES AND STATE POLICES
Preamble
Does not confer rights nor impose duties
Indicates authorship of the Constitution
Enumerates the primary aims and aspirations of the framers
Serves as an aid in the construction of the Constitution
Republicanism
The Philippines is a democratic and republican state. Sovereignty resides in
the people and all government authority emanates from them.
Essential features
Representation
Renovation
Manifestations
Government of law and not of men
Rule of majority
Accountability of public officials
Bill of rights
Legislature cannot pass irrepealable laws
Separation of powers
Purpose
To prevent concentration of authority in one person or group of persons that
might lead to an irreversible error or abuse in its exercise to the detriment
of republican institutions.
Principle of Blending of Powers
Instances when powers are not confined exclusively within one department
but are assigned to or shared by several departments.
Principle of Checks and Balances
This allows one department to resist encroachments upon its prerogatives or
to rectify mistakes or excesses committed by the other departments.
Doctrine of Necessary Implication
Absence of express conferment, the exercise of the power may be justified
under this doctrine, that the grant of an express power carries with it all
other powers that may be reasonably inferred from it.
A purely justiciable question implies a given right, legally demandable and
enforceable, an act or omission violative of such right, and a remedy
granted and sanctioned by law for said breach of right.
Political question is a question of policy. It refers to 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 legislative or executive branch of government. It is
concerned with issues dependent upon wisdom, not legality of particular
measure.
Delegation of powers
Potestas delegate non potest delegare
Delegated power constitutes not only a right but a duty to be performed by
the delegate through the instrumentality of his own judgment and not
through the intervening mind of another.
Permissible delegation
Tariff powers to the president
Emergency powers to the president (in times of war or national emergency)
Delegation to the people specific provisions where the people have
reserved to themselves the function of legislation
Referendum: power of the electorate to approve or reject legislation
through an election called for the purpose; referendum on statutes and
referendum on local law
Plebiscite: electoral process by which an initiative on the Constitution is
approved or rejected by the people.
Delegation to LGUs
Delegation to Administrative Bodies power of subordinate legislation
Tests for valid delegation
Completeness test: the law must be complete in all its essential terms and
conditions when it leaves the legislature so that there will be nothing left
for the delegate to do when it reaches him except to enforce it.
Sufficient standard test: intended to map out the boundaries of the
delegates authority by defining the legislative policy and indicting the
circumstances under which it is up be pursued and effected; the standards
usually indicated in the law delegating legislative power.
The Incorporation Clause
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 the police of peace, equality, justice, freedom,
cooperation and amity with all nations.
Independent foreign policy and nuclear-free Philippines
Expiration of Bases Agreement
Renunciation of War
Covenant of the League of Nations
Kellogg-Briad Pact of 1928
Charter of the United Nations
Doctrine of Incorporation our courts have applied the rules of
international law in a number of cases even of such rules had not previously
been subject of statutory enactments, because these generally accepted
principles of international law are automatically part of our own laws.
Civilian Supremacy
Civilian authority is, at all times supreme over the military. The AFP is the
protector of the people and the State. Its goal is to secure the sovereignty pf
the State and integrity of the national territory.
Duty of Government; people to defend the State
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 thereof, all citizens may be required, under conditions provided
by law, to render personal military or civil service.
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 by all the people of the blessings of democracy.
Right to Bear Arms: statutory, not constitutional right.
Separation of Church and State
Freedom of religion clause
Religious sect cannot be registered as political party
No sectoral representative from the religious sector
Prohibition against appropriation for sectarian benefit
Exceptions
Section 28(3), Article 6: Exemption from taxation
Section 29(2), Article 6: Prohibition against sectarian benefit, except when
priest is assigned to the armed forces or to any penal institution or
government orphanage or leprosarium
Section 3(3), Article 14: Optional religious instruction for public
elementary and high school studies
Section 4(2), Article 14: Filipino ownership requirement to educational
institutions, except those established by groups and mission boards
Independent Foreign Policy and Nuclear-free Philippines
State shall pursue an independent foreign policy. In relations with other
states, the paramount consideration shall be national sovereignty, territorial
integrity, national interest and the right to self-determination.
The Philippines consistent with the national interest, adopts and pursues a
policy of freedom from nuclear weapons in its territory.
Just and dynamic social order
State shall promote a just and dynamic social order that will ensure
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.
Promotion of Social Justice
Promote social justice in all phases of national development
Respect for human dignity and human rights
State values the dignity of every human person and guarantees full respect
for human rights.
Family and Youth
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 and primary right and duty of parents in the rearing
of the youth for civic efficiency and the development of moral character
shall receive support of the Government.
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.
Fundamental equality of men and women
State recognizes the role of women in nation-building and shall ensure the
fundamental equality before the law of men and women.
Promotion of health and ecology
State shall protect and promote the right to health of the people and instill
health consciousness among them.
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.
Priority to education, science, technology, etc.
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.
Protection to Labor
State affirms labor as a primary social economic force. It shall protect the
rights or workers and promote their welfare.
Self-reliant and independent economic order
State shall develop a self-reliant and independent national economy
effectively controlled by Filipinos.
The State recognizes the indispensable role of the private sector,
encourages private enterprise, and provide incentives to needed
investments.
Land reform
State shall promote comprehensive rural development and agrarian reform.
Indigenous cultural communities
State recognizes and promotes the rights of indigenous cultural
communities within the framework of national unity and development.
Independent peoples organizations
State shall encourage non-governmental, community-based, or sectoral
organizations that promote the welfare of the nation.
Communication and information in nation-building
State recognizes the vital role of communication and information in nationbuilding.
Autonomy of local governments
State shall ensure the autonomy of local governments.
Decentralization and does not make the local governments sovereign within
the State or an imperium in imperio.
Decentralization of administration: delegation of administrative powers to
the LGU in order to broaden the base of governmental powers.
Decentralization of power: abdication by the national government of
governmental powers.
Equal access of opportunities for public service
State shall guarantee equal access of opportunities for public service and
prohibit political dynasties as may be defined by law.
Honest public service and full public disclosure
State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
State adopts and implements a policy of full public disclosure of all its
transactions involving public interest.
VI. BILL OF RIGHTS
Definition
Set of prescriptions setting forth the fundamental civil and political rights
of the individual, and imposing limitations on the powers of government.
Generally, any government action in violation of the Bill of Rights is void.
Generally self-executing.
Civil Rights
Right that belong to every citizen of the state or country and are not
connected with the organization or administration of government.
Political Rights
Right to participate, directly or indirectly, in the establishment or
administration of government.
Due Process of Law: No person shall be deprived of life, liberty or property
without due process of law
Definition
A law which hears before it condemns, which proceeds upon inquiry and
renders judgment only after trial.
Who are protected
Universal in application to all persons
Artificial persons are covered by the protection only insofar as their
property is concerned
Guarantee extends to aliens and includes the means of livelihood
Meaning of life, liberty and property
Life: right of an individual to his body in its completeness, free from
dismemberment and extends to the use of God-given faculties which makes
life enjoyable
Liberty: the right to exist and the right to be free from arbitrary personal
restraint or servitude; includes the right to be free to use his faculties in all
lawful ways
Property: anything that can come under the right of ownership and can be
subject of contract; the right to secure, use and dispose them.
Aspects of due process
Substantive restriction on governments law- and rule-making powers
Requisites:
interest of the public
means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive on individuals
Procedural restriction on actions of judicial and quasi-judicial agencies of
government
Requisites:
impartial court or tribunal clothed with judicial power to hear and
determine the matter before it
jurisdiction must be lawfully acquired over the person of the defendant and
over the property which is the subject matter of the proceeding
the defendant must be given an opportunity to be heard
judgment must be rendered upon lawful hearing
Publication as part of due process
Publication is imperative to the validity of laws, PDs and Eos,
administrative rules and regulation and is an indispensable part of due
process.
Appeal and due process
Appeal is not a natural right nor is it part of due process; it may be allowed
or denied by legislature in its discretion.
But where the Constitution gives a person the right to appeal, denial of such
constitutes a violation of due process.
Preliminary investigation and due process
Right to preliminary investigation is not a constitutional right, but it is
merely a right conferred by statute.
But where there is a statutory grant of the right to preliminary investigation,
denial of such constitutes a violation of due process.
Administrative due process
Requisites
Right to a hearing, includes the right to present ones case and submit
evidence in support thereof;
Tribunal must consider the evidence presented;
Decision must have something to support itself;
Evidence must be substantial;
Decision must be rendered on the evidence presented or at least contained
in the records and disclosed to the parties;
Tribunal or any of its judges must act on its own or his own independent
consideration of the facts and the law of the controversy, and not simply
accept the views of a subordinate in arriving at a decision; and
The board or body should, in all controversial questions, render its decision
in such a manner that the parties to the proceeding will know the various
issues involved, and the reason for the decision.
Equal Protection of the Laws
Meaning
All persons or things similarly situated should be treated alike, both as to
rights conferred and responsibilities imposed.
Natural and juridical persons are entitled to this guarantee.
With respect to juridical persons, they enjoy the protection only insofar as
their property is concerned.
Scope of Equality
Economic
Free access to courts
Marine wealth reserved for Filipino citizens
Reduction of social, economic and political inequalities
Political
Free access to courts
Bona fide candidates being free from harassment/discrimination
Reduction of social, economic and political inequalities
Social
Valid Classification
Substantial distinctions
Germane to the purpose of the law
Not limited to existing conditions only
Must apply equally to all members of the same class