consti 1 notes midterm

7/24/2019 Consti 1 Notes Midterm

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I GENERAL CONSIDERATIONS

A. Political Law defined

Macariola v Asuncion

Political Law - a branch of public law which deals with the

organization and operation of the governmental organs of the

State and define the relations of the state with the inhabitants

of its territory.

the Code of Commerce partaes more of the nature of an

administrative law because it regulates the conduct of certain

public officers and employees with respect to engaging in

business! hence" political in essence.

Political Law embraces !

#. constitutional law$

%. law of public corporations$

&. administrative law$

'. law on public officers$ and

(. elections

Note :where there is change of sovereignty" the political lawsof the former sovereign" whether compatible or not with those of

the new sovereign" are automatically abrogated" unless they are

e)pressly re-enacted by affirmative act of the new sovereign.

B. Constitutional Law defined

*he true role of Constitutional Law is to effect an e+uilibrium

between authority and liberty so that rights are e)ercised within the

framewor of the law and the laws are enacted with due deference torights.,MMA v iron/

A due deference to the rights of the individual thus re+uires a more

careful formulation of solutions to societal problems.,MMA v iron /

A constitution is a system of fundamental laws for the governance

and administration of a nation. 0t is supreme" imperious"

absolute and unalterable e)cept by the authority from which it

emanates.


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0t has been defined as the fundamental and paramount law of the

nation.1#230t prescribes the permanent framewor of a system of

government" assigns to the different departments their respective

powers and duties" and establishes certain fi)ed principles on

which government is founded.,Manila Prince v 4S0S/

C. Constitution Defined Tyes!"inds

See reviewer

II BAC"GRO#ND O$ T%E &'() CONSTIT#TION

A. &'(* Edsa Re+! &'(* P,o+isiona,y Constitution

P,ocla-ation no. & $e/.012 &'(* 3P,o+isional Go+e,n-ent4- 5n the basis of the people6s mandate clearly manifested last

7ebruary 8" 0 and Salvador 9. Laurel are taing power in the name

and by the will of the 7ilipino people as President and ice

President" respectively.

-*he people e)pect a reorganization of government. Merit will be

rewarded. As a first step to restore public confidence 0 e)pect

all appointed public officials to submit their courtesy

resignations beginning with the members of the Supreme Court.

- *o help me run the government" 0 have issued :)ecutive 5rder

;o. #dated 7ebruary %(" # appointing ey cabinet ministers

and creating certain tas forces.

P,ocla-ation No. 5 6a,c7 012 &'(* 3P,o+isional Constitution48DECLARING A NATIONAL POLIC9 TO I6PLE6ENT RE$OR6S 6ANDATED B9 T%E PEOPLEPROTECTING T%EIR BASIC RIG%TS2 ADOPTING A PROISIONAL CONSTIT#TION2 ANDPROIDING $OR AN ORDERL9 TRANSITION TO A GOERN6ENT #NDER A NE; CONSTIT#TION.

- Adopts certain provisions of the #2/ days from date of thisProclamation" a Commission shall be appointed by the President

to draft a ;ew Constitution. *he Commission shall be composed

of not less than thirty ,&2/ nor more than fifty ,(2/ natural

born citizens of the Philippines" of recognized probity" nown

for their independence" nationalism and patriotism. *hey shall
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be chosen by the President after consultation with various

sectors of society

Lawye, Lea@the legitimacy of the A+uino government is not a usticiable

matter. 0t belongs to the realm of politics where only thepeople of the Philippines are the udge. And the people have

made the udgment$ they have accepted the government of

President Corazon C. A+uino which is in effective control of

the entire country so that it is not merely a de facto

government but in fact and law a de ure government. Moreover"

the community of nations has recognized the legitimacy of tlie

present government. All the eleven members of this Court" as

reorganized" have sworn to uphold the fundamental law of the

Bepublic under her government.

B. ADOPTION AND E$$ECTIIT9 O$ T%E &'() CONSTIT#TION

-P,o+isional Constitution ART SECTION 1. *he ;ew Constitutionshall be presented by the Commission to the President who shall

fi) the date for the holding of a plebiscite. 0t shall become

valid and effective upon ratification by a maority of the votes

cast in such plebiscite which shall be held within a period of

si)ty ,>2/ days following its submission to the President.

&'() Constitution ART. ?III Sec 0)@*his constitution shall taeeffect immediately upon its ratification by a maority of the

votes cast in a plebiscite held for the purpose and shall

supersede all previous Constitutions.

P,ocla-ation no. 1( $e/. &&2 &'() - PB5CLA0M0;4 *9:BA*070CA*05; 57 *9: C5;S*0*D*05; 57 *9: B:PDEL0C 57 *9:

P90L0PP0;:S A5P*: EF *9: C5;S*0*D*05;AL C5MM0SS05; 57 #"

0;CLD0;4 *9: 5B0;A;C: APP:;: *9:B:*5.

De Leon + Es


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Article % of the Civil Code G Laws shall tae :ffect after #(

days following the completion of their publication in the

5fficial 4azette " unless otherwise provided. *his code,civil

code/ shall tae effect one year after publication.

Ci+il Code 3RA NO. 5(*signed Hune #= #. ocuments or classes of documents as the President of the

Philippies shall determine from time to time to have general

applicability and legal effect$

8. Charter of a city$


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=. Circulars issued by the Monetary Eoard G they are meant to

fill in the details of the Central Ean Act which that body is

supposed to enforce.

Need not /e u/lis7ed: 3/ut2 s7ould /e su/-itted to t7e #.P.

Law Cente,4

#. presidential issuances which apply only to particular

persons or class of persons such as administrative and

e)ecutive orders need not be published on the assumption

that they have been circularized to all concerned.

%. 0nterpretative regulations and those merely internal innature" that is" regulating only the personnel of the

Administrative agency and not the public.

&. Letters of 0nstruction issued by the administrative

superiors concerning rule or guidelines to be followed by

their subordinates in the performance of their duties.

'. Local ordinances

0f the law provides a period longer or shorter than the #( days"

then such longer or shorter period" as the case maybe" shall

prevail.

0f the law says provides that it will tae effect immediately" it

means that it shall tae effect immediately after publication

with the #( day period being dispensed with.


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T7e clea, o/@ectof the above-+uoted provision is to give thegeneral public ade+uate notice of the various laws which are to

regulate their actions and conduct as citizens. ?ithout such

notice and publication" there would be no basis for the

application of the ma)im Iignorantia legis non e)cusat.I 0t would

be the height of inustice to punish or otherwise burden acitizen for the transgression of a law of which he had no notice

whatsoever" not even a constructive one. ,*anada v *uvera/

II #DICIAL ELABORATION O$ T%E CONSTIT#TION

A. Const,uction on Su,e-acy

A constitution is a system of fundamental laws for the governance

and administration of a nation. 0t is supreme" imperious"

absolute and unalterable e)cept by the authority from which it

emanates.

0t has been defined as the fundamental and paramount law of the

nation.1#230t prescribes the permanent framewor of a system of

government" assigns to the different departments their respective

powers and duties" and establishes certain fi)ed principles onwhich government is founded. ,Manila Prince v 4S0S/

*he fundamental conception in other words is that it is a supreme

law to which all other laws must conform and in accordance with

which all private rights must be determined and all public

authority administered.1##3

Dnder the doctrine of constitutional supremacy" if a law or

contract violates any norm of the constitution that law or

contract whether promulgated by the legislative or by the

e)ecutive branch or entered into by private persons for privatepurposes is null and void and without any force and

effect. *hus" since the Constitution is the fundamental"

paramount and supreme law of the nation" it is deemed written in

every statute and contract., Manila Prince v 4S0S/

in case of doubt" the Constitution should be considered self8eecutin< rather than non8self8eecutin


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Dnless the contrary is clearly intended" the provisions of the

Constitution should be considered self-e)ecuting" as a contrary

rule would give the legislature discretion to determine when" or

whether" they shall be effective. *hese provisions would be

subordinated to the will of the lawmaing body" which could mae

them entirely meaningless by simply refusing to pass the needed

implementing statute.1#(3

0n self-e)ecuting constitutional provisions" the legislature may

still enact legislation to facilitate the e)ercise of powers

directly granted by the constitution. ,Manila Prince v 4S0S/

Decla,ation of P,inciles Not Self8eecutin'(% are

cognizant of the compelling State interest to ensure orderly and

credible elections by e)cising impediments thereto" such as

nuisance candidacies that distract and detract from the larger
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purpose. *he C5M:L:C is mandated by the Constitution with the

administration of elections#>and endowed with considerable

latitude in adopting means and methods that will ensure the

promotion of free" orderly and honest elections.#8Moreover" the

Constitution guarantees that only bona fide candidates for public

office shall be free from any form of harassment and

discrimination.#=*he determination of bonafide candidates is

governed by the statutes" and the concept" to our mind is"

satisfactorily defined in the 5mnibus :lection Code. ,Pamatong v

C5M:L:C/

,?hat is recognized in Section %>" Article 00 of the Constitution

is merely a privilege subect to limitations imposed by law. 0t

neither bestows such a right nor elevates the privilege to the

level of an enforceable right. *here is nothing in the plain

language of the provision which suggests such a thrust or

ustifies an interpretation of the sort./

As a general rule" the provisions of the Constitution are

considered self-e)ecuting" and do not re+uire future legislation

for their enforcement. 7or if they are not treated as self-

e)ecuting" the mandate of the fundamental law can be easily

nullified by the inaction of Congress.1#=3 %owe+e,2 someprovisions have already been categorically declared by this Court

as non self-e)ecuting. ,*ondo v CA/

*hese provisions" which merely lay down a general principle" are

distinguished from other constitutional provisions as non self-

e)ecuting and" therefore" cannot give rise to a cause of action

in the courts$ they do not embody udicially enforceable

constitutional rights.1%%3,*ondo v CA/

they are mere statements of principles and policies. As such"

they are mere directives addressed to the e)ecutive and the

legislative departments. 0f unheeded" the remedy will not lie

with the courts$ but rather" the electorate6s displeasure may be

manifested in their votes.,*ondo v CA/

note ! ,#/ Fou cant bring a case base on non self-e)ecuting

provisions of the constitution. ,%/ Fou must loo for a

provisions of the constitution which is self-e)ecuting or a law

that interprets or implements it.

B.T%E DOCTRINE O$ SEPARATION O$ PO;ERS AND T%ET%EOR9 O$ #DICIAL REIE;
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0t is a fundamental principle flowing from the doctrine of

separation of powers that Congress may not delegate its

legislative power to the two other branches of the government"

subect to the e)ception that local governments may over local

affairs participate in its e)ercise. ?hat cannot be delegated is

the authority under the Constitution to mae laws and to alter

and repeal them$ the test is the completeness of the statute in

all its term and provisions when it leaves the hands of the

legislature.

*o determine whether or not there is an undue delegation of

legislative power" the in+uiry must be directed to the scope and

definiteness of the measure enacted. The legislature does not

abdicate its functions when it describes what job must be done,

who is to do it, and what is the scope of his authority.

(Soriano v Laguardia mtrcb)

*he lawmaing body cannot possibly provide for all the details in

the enforcement of a particular statute.1>


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constitutional agencies might leave much to be desired in given

instances" is inherent in the perfection of human institutions.

,angara v electoral tribunal/

,a/ *hat the government established by the Constitution followsfundamentally the theory of separation of power into the

legislative" the e)ecutive and the udicial.

,b/ *hat the system of checs and balances and the overlapping of

functions and duties often maes difficult the delimitation of

the powers granted.

,c/ *hat in cases of conflict between the several departments and

among the agencies thereof" the udiciary" with the Supreme Court

as the final arbiter" is the only constitutional mechanism

devised finally to resolve the conflict and allocate

constitutional boundaries.

,d/ *hat udicial supremacy is but the power of udicial review

in actual and appropriate cases and controversies" and is the

power and duty to see that no one branch or agency of the

government transcends the Constitution" which is the source of

all authority. ,angara v electoral tribunal/

PRES#6PTION O$ CONSTIT#TIONALIT9

Eefore a statute or its provisions duly challenged are voided" an

une+uivocal breach of" or a clear conflict with the Constitution"

not merely a doubtful or argumentative one" must be demonstrated

in such a manner as to leave no doubt in the mind of the Court.

0n other words" the grounds for nullity must be beyond reasonable

doubt. ,4arcia v rilon/

courts must assume that the legislature is ever conscious of the

borders and edges of its plenary powers" and passed laws with

full nowledge of the facts and for the purpose of promoting what

is right and advancing the welfare of the maority.,4arcia v

rilon/

CONDITIONS $OR T%E E?ERCISE O$ #DICIAL REIE;

0t is hornboo doctrine that the e)ercise of the power of

udicial review re+uires the concurrence of the following

re+uisites" namely!


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,#/ the e)istence of an appropriate case$

,%/ an interest personal and substantial by the party raising the

constitutional +uestion$

,&/ the plea that the function be e)ercised at the earliestopportunity$ and

,'/ the necessity that the constitutional +uestion be passed upon

in order to decide the case ,auto v romulo/

:ven with the presence of an actual case or controversy" the

Court may refuse to e)ercise udicial review unless the

constitutional +uestion is brought before it by a party having

the re+uisite standing to challenge it. Le


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,e=ui,e-ents /efo,e a liti


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The Court will decide cases, otherwise moot, if: first, there is a grave violation of theConstitution; second, the exceptional character of the situation and the paramountpublic interest is involved; third, when the constitutional issue raised requiresformulation of controlling principles to guide the bench, the bar, and the public; andfourth, the case is capable of repetition yet evading review.1!

"The gist of the question of standing is whether a party alleges such personal sta#e inthe outcome of the controversy as to assure that concrete adverseness which sharpensthe presentation of issues upon which the court depends for illumination of difficultconstitutional questions. $nless a person is in%uriously affected in any of hisconstitutional rights by the operation of statute or ordinance, he has no standing."1&'

(etitioners have come before the Court in their respective capacities as citi)en*taxpayers and accordingly, assert that they "dutifully contribute to the coffers of the+ational Treasury."1&Clearly, as taxpayers, they possess the requisite standing toquestion the validity of the existing "(or# -arrel ystem" under which the taxes they pay

have been and continue to be utili)ed. /t is undeniable that petitioners, as taxpayers, arebound to suffer from the unconstitutional usage of public funds, if the Court so rules./nvariably, taxpayers have been allowed to sue where there is a claim that public fundsare illegally disbursed or that public money is being deflected to any improper purpose,or that public funds are wasted through the enforcement of an invalid or unconstitutionallaw,1&0as in these cases.

oreover, as citi)ens, petitioners have equally fulfilled the standing requirement giventhat the issues they have raised may be classified as matters "of transcendentalimportance, of overreaching significance to society, or of paramount publicinterest."1&2The Co3 Chairperson4s statement during the 5ral 3rguments that the

present controversy involves "not merely a systems failure" but a "complete brea#downof controls"1&!amplifies, in addition to the matters above*discussed, the seriousness ofthe issues involved herein. /ndeed, of greater import than the damage caused by theillegal expenditure of public funds is the mortal wound inflicted upon the fundamentallaw by the enforcement of an invalid statute. 1'63ll told, petitioners have sufficient locusstandi to file the instant cases.

FUNA VS CSSExemptions locus standithe Court has time and again acted liberally on the locus standirequirements

and has accorded certain individuals, not otherise directly in!ured, or ithmaterial interest a"ected, by a #overnment act, standing to sue provided aconstitutional issue of critical signicance is at stake.$he ruleonlocus standiis a%ter all a mere procedural technicality in relation to hichthe Court, in a catenao% cases involving a subject of transcendentalimport, has aived, or relaxed, thus alloing non&traditional plainti"s, suchas concerned citi'ens, taxpayers, voters or legislators, to sue in the publicinterest, albeit they may not have been personally in!ured by the operation
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o% a la or any other government act( )n David, the Court laid out the bareminimum norm be%ore the so&called *non&traditional suitors+ may beextended standing to sueexemptions mootnessNonetheless, this Court has exercised its poer o% !udicial revie in cases otherise

rendered moot and academic by supervening events on the basis o% certainrecogni'ed exceptions, namely -./ there is a grave violation o% the Constitution0 -1/the case involves a situation o% exceptional character and is o% paramount publicinterest0 -2/ the constitutional issue raised requires the %ormulation o% controllingprinciples to guide the 3ench, the 3ar and the public0 and -4/ the case is capable o%repetition yet evading revie(15

ANA67)N VS E8EC

Grounds for Transcedental importance

(1) the public character of the funds or other assets involved in the case,

(2) the presence of a clear case of disregard of a constitutional orstatutory prohibition by the public respondent agency or instrumentality

of government, and

(3) the lack of any other party with a more direct and specific interest in

raising the questions being raised.

AKBAYAN VS AQUINO

Locus standi

)n a petition anchored upon the right o% the people to in%ormation on matterso% public concern, hich is a public right by its very nature, petitioners neednot sho that they have any legal or special interest in the result, it beingsu9cient to sho that they are citi'ens and, there%ore, part o% the generalpublic hich possesses the right(.:

Public concern or public interest

it is for the courts to determine on a case by case basis whether the matter at issue

is of interest or importance, as it relates to or affects the public.21!"

Estarija vs RanadaGovenciong vs CaShould be raised in the earliest opportunity

.:;2?(1:.?4.(


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we held that the earliest opportunity to raise a constitutional issue is to raise it in

the pleadings before a competent court that can resolve the same, such that, if it

was not raised in the pleadings before a competent court, it cannot be considered at

the trial, and, if not considered in the trial, it cannot be considered on appeal.

$#NCTIONS O$ #DICIAL REIE;

#. for the guidance of and as a restraint upon the future.,*o

educate/. ,Havier v Comelec/

%. to determine and declare the constitutionality of the law .

&. Dnder the doctrine of chec and balance "to determine whether

another branch of the government has ept within

constitutional limits.

All cou,ts can ee,cise t7e Powe, of udicialRe+iew

w7ile lowe, cou,ts s7ould o/se,+e a /eco-in< -odesty in ea-inin G September =" #=

BA ;5.


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subsoil, the insular shelves, and other submarine areas The watersaround, between, and connecting the islands of the archipelago,regardless of their breadth and dimensions, form part of the internalwaters of the Philippines"

$or purposes of %n%lysis& Philippine n%tion%l territory includes thefollo'in(#

)%* the Philippine %rchipel%(o& 'ith %ll the isl%nds %nd '%ters e+,r%ced

therein-),* %ll other territories o"er 'hich the Philippines h%s so"erei(nty or

.urisdiction consistin( of territori%l& flu"i%l %nd %eri%l do+%ins-)c* the territori%l se%& the se%,ed& the su,soil& %nd insul%r shel"es %nd othersu,+%rine %re%s- and)d* the '%ters %round& ,et'een& %nd connectin( the isl%nds of the%rchipel%(o& re(%rdless of their ,re%dth %nd di+ensions!


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photo courtesy of http!madeandistaffugmacidimagesm#$P%

Territorial seais th%t p%rt of the se% e/tendin( 10 n%utic%l +iles )19 +s*fro+ the lo'2'%ter +%r! It is %lso c%lled the +%r(in%l se%& the +%r(in%l

,elt or the +%rine ,elt!&eabedis the l%nd th%t holds the se%& lyin( ,eyond the se%shore& includin(+iner%l %nd n%tur%l resources! It is %t the top portion of the su,+%rine%re%!The subsoilis e"erythin( ,ene%th the surf%ce soil %nd the se%,ed includin(+iner%l %nd n%tur%l resources!

'nsural shelves%re the su,+er(ed portions of % continent or offshoreisl%nd& 'hich slope (ently se%'%rd fro+ the lo' '%terline to % point 'here

% su,st%nti%l ,re% in (r%de occurs& %t 'hich point the ,otto+ slopesse%'%rd %t % consider%,le incre%se in slope until the (re%t oce%n depths %rere%ched- %nd

(ther submarine areasrefers to those 'hich %re under the territori%l se%!They %re otther'ise referred to %s se%+ount& trou(h& trench& deep& ,%n&sho%l& %nd reef!

Two 7und,ed 6ile Ecusi+e Econo-ic one

P ;5. #(


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t7e constitutional ,o7i/ition a


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,esided in t7e P7iliine Islands2 and t7ei, c7ild,en /o,nsu/se=uent t7e,eto2 s7all /e dee-ed and 7eld to /e citi>ens oft7e P7iliine Islands and as suc7 entitled to t7e ,otection oft7e #nited States2 ecet suc7 as s7all 7a+e elected to ,ese,+et7ei, alle


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citi>ens7i /y t7ose nati+es of t7e P7iliine Islands w7o do notco-e wit7in t7e fo,eens of t7e #nited States2o, w7o could /eco-e citi>ens of t7e #nited States unde, t7e lawsof t7e #nited States2 if ,esidin< t7e,ein.

Dnder the Hones Law" a native-born inhabitant of the

Philippines was deemed to be a citizen of the Philippines as of

## April #=en of so-e ot7e, count,y.

APRIL && &(''8 #L9 &2 &'0 us soli

&'51 Constitution ,atified on 6ay &H2 &'51brought to

an end to any such lin with common law"/y adotinens7i 8

Section #" Article 000" #ens of t7e P7iliines.

,'/ *hose whose mothers are citizens of the Philippines and upon

reaching the age of maority" elect Philippine citizenship.

,(/ *hose who are naturalized in accordance with law.


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consti 1 notes midterm

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