constitutional law 1 mem aid

7/29/2019 Constitutional Law 1 Mem Aid

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Constitution of the Philippines (Justice Malcolm)The written instrument enacted by direct action of the people by which the fundamental powers of thegovernment are established, limited and defined, and by which those powers are distributed among theseveral departments for their safe and useful exercise for the benefit of the body politic.

Essential Parts of the Written Constitution

Constitution of Liberty consists of a series of prescriptions setting forth the fundamental civil andpolitical rights of the citizens and imposing limitations on the powers of the government as a means ofsecuring the enjoyment of those rights (Articles II, III, IV, V, and XII)

Constitution of Government consists a series of provisions outlining the organization of thegovernment, enumerating its powers, laying down certain rules relative to its administration, and definingthe electorate (Articles VI to XI)

Constitution of Sovereignty consists of provisions pointing out the mode or procedure in accordancewith which formal changes in the fundamental law may be brought about (Article XVII)

Interpretation

Self-executing provision a rule that by itself is directly or indirectly applicable without need of statutoryimplementation

Non-self-executing provision one that remains dormant unless it is activated by legislativeimplementation

Gen. Rule Unless the contrary is clearly intended, the provisions of the constitution should beconsidered self-executing, as a contrary rule would give the legislature discretion to determine when, orwhether, they shall be effective.

Article II Mainly not-self-executory

Oposa vs. Factoran

-While the right to a balanced and healthful ecology is to be found under the Declaration ofPrinciples and State Policies and not under the Bill of Rights, it does not follow that is less important thanany of the civil and political rights enumerated in the latter.

-Such a right belongs to a different category of rights altogether for it concerns nothing less thanself-preservation and self-perpetuation aptly and fittingly stressed by the petitioners the advancementof which may even be said to predate all governments and constitutions. As a matter of fact, these basicrights need not even be written in the Constitution for they are the well-founded fear of its framers thatunless the rights to a balanced and healthful ecology and to health are mandated as state policies by theConstitution itself, thereby highlighting their continuing importance and imposing upon the state a solemnobligation to preserve the first and protect and advance the second, xxx

Manila Prince Hotel v. GSIS-A provision which lays down a general principle, such as those found in Art. II of the Constitution

is usually not self-executing. But a provision which is complete in itself and becomes operative without theaid supplementary or enabling legislation, or that which supplies sufficient rule by means of which theright conferred and the liability imposed are fixed by the constitution itself, so that they can be determinedby an examination and construction of its terms, and there is no language indicating that the subject isreferred to the legislature

-*Constitutional Supremacy The Constitution is the basic and paramount law to which allother laws must conform and to which all persons, including the highest officials of the land must confer.


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Tanada vs. Angara-Declaration of Principles Not-Self-Executing By its very title, article II of the Constitution is a

declaration of principles of state policies xxx These principles in Article II are not intended to be self-executing principles ready for enforcement through the courts. They are used by the judiciary as aids oras guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws.

Effect of Declaration of Unconstitutionality of a Law

Orthodox View - an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affordsno protection; it creates no office; it is, in legal contemplation, inoperative, as f it had not been passed.

- The statute and its effects are a total nullity

Modern View the court in passing upon the question of constitutionality does not annul or repeal thestature if it finds it in conflict with the Constitution. It simply refuses to recognize it and determines therights of the parties just as if such statute had no existence. The court may give its reasons for ignoring ordisregarding the law, but the decision affects the parties only and there is no judgment against thestatute.

Partial Unconstitutionality

- Doctrine of Separation of Powers the courts hesitate to declare a law totally unconstitutional and, aslong as they can, will salvage the valid portions thereof in order to give effect to the legislative will- Conditions

-the legislature is willing to retain the valid portions even if the rest of the statute is declaredillegal- that the valid portions can stand independently as a separate statute. (separability clause)

Amendments or Revision

Constitution of the Philippines-Written one whose precepts are embodied in one document or sets of document-Conventionalan enacted constitution, formally struck off at a determinate time and place following a conscious effort taken by a constitutional body.

-Rigid one that can be amended only by a formal and usually difficult process

Amendment refers to isolated or piecemeal change onlyRevision a revamp or rewriting of the whole instrument

Test to determine whether amendment or revision (Lambino v. COMELEC)

Quantitative Test whether the proposed change is so extensive in its provisions as to change directlythe substantial entirety of the constitution by the deletion or alteration of numerous existing provisions.

Qualitative Test whether the change will accomplish such far reaching changes in the nature of ourbasic governmental plan as to amount to a revision.

Procedure: Proposal and Ratification1. Proposal- made directly by the Congress (3/4 vote of all its members)- or by a Constitutional Convention (Sec. 1 Art. XVII)

-calling for a Con-Con by Congress a) 2/3 vote of all its members or b) majority of all itsmembers voting to pass the question of calling a con-con to the electorate-Congress may pass the necessary implementing law providing for the details of the con-con, such as number, qualifications, and compensation of its members


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-Peoples Initiative 12 per centum of the total number of registered voters; legislative districtsmust be represented by at least 3 per centum of the registered voters therein

-needs legislative implementation of the rules for conducting a peoples initiative-proposal is confined only for amendments and not revision

2. Ratification-Sec. 1 and Sec. 2 Majority of the votes cast in a plebiscite

-Sec. 1 not earlier than 60 days and not later than 90 days after the approval of suchamendment or revision-Sec. 2 after the certification by the COMELEC of the sufficiency of the petition.

*Plebiscite electoral process by which an initiative on the Constitution is approved or rejectedby the people*Election means that the entire Constitution must be submitted for ratification at oneplebiscite only

Judicial Review of Amendments restricted only to the amending process-The amending, like all other powers organized in the constitution, is in form a

delegated and a limited power, so that that the Supreme Court is vested with that authority todetermine whether that power has been discharged within its limits (Sanidad v. COMELEC)

State (1) a community of persons, more or less numerous, (2) permanently occupying a fixed territory,(3) and possessed of an independent government organized for political ends to which (4) the great bodyof inhabitants render habitual obedience.

Nation a group of people bound together by certain characteristics such as common social origin,language, customs and traditions and who believe that they are distinct from others

Elements of State

1. People inhabitants of the state- must be numerous enough to be self-sufficing and to defend themselves; small enough to be

easily administered and sustained.

2. Territory fixed portion of the surface of the earth inhabited by the people of the State- Terrestrial domain, maritime and fluvial domain, aerial domain.

3. Government agency or instrumentality through which the will of the State is formulated, expressedand realized

>Functions-Constituent Functions constitute the very bonds of society and are thereforecompulsory-Ministrant Functions are those undertaken to advance the general interest of society,such as public works, public charity, and regulation of trade and industry

- optional- it is now obligatory on the State itself to promote social justice

>Kinds-de jure government has rightful title but no power or control, either because this hasbeen withdrawn from it or because it has not yet actually entered into the exercisethereof-de facto government a government of fact, that is, actually exercises power or controlbut without legal title.


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a. the government that gets possession and control of, or usurps, by force or bythe voice of the majority, the rightful legal government and maintains itselfagainst the will of the latterb. that established as an independent government by the inhabitants of acountry who rise in insurrection against the parent state.c. that which is established and maintained by military forces who invade andoccupy a territory of the enemy in the course of war, and which is denominatedas a government ofparamount fourze.

> its existence is maintained by active military power within theterritories, and against the rightful authority of an established andlawful government> during its existence, it must necessarily be obeyed in civil matters byprivate citizens who, by acts of obedience rendered in submission tosuch force, do not become responsible, as wrongdoers, for those acts,though not warranted by the laws of the rightful government.

4. Sovereignty the supreme and uncontrollable power inherent in a State by which that State isgoverned-permanent, exclusive, comprehensive, absolute, indivisible, inalienable, imprescriptible

>Belligerent Occupation-sovereignty is not deemed suspended although acts of sovereignty cannot beexercised by the legitimate authority-what the belligerent occupant took over was only the exercise of acts of sove.-the political laws of the occupied territory are merely suspended, subject torevival under the jus postliminium upon the end of the occupation-the non-political laws (Civil Law, Criminal Law, etc.) are deemed continuedunless changed by the belligerent occupant-the rule suspending political laws affects only the civilian inhabitants of theoccupied territory and is not intended to bind the enemies in arms.

>when there is a change of sovereignty, the political laws of the former sovereign arenot merely suspended but abrogated

Concept of Associated State

Province of North Cotabato v. The Government of the Philippines Peace Panel-an association is formed when two states of unequal power voluntarily establish durable links. In

the basic model, one state, the associate, delegates certain responsibilities to the other, the principal,while maintaining its international status as a state. Free associations represent a middle ground betweenintegration and independence.

-The concept of association is not recognized under the present Constitutions-No province, city, or municipality, not even the ARMM, is recognized under our laws as having

an associative relationship with the national government. Indeed, the concept implies powers that gobeyond anything ever granted by the Constitution to any local or regional government. It also implies the

recognition of the associated entity as a state. The Constitution, however, does not contemplate any statein this jurisdiction other that the Philippine State, much less does it provide for a transitory status thataims to prepare any part of the Philippine territory for independence.

Is sovereignty really absolute?

Tanada v. Angara-Sovereignty Limited by International Law and TreatiesHowever, while sovereignty has a

traditionally been absolute and all-encompassing on the domestic level, it is however subject to


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restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member ofthe family of nations.

-UN charter and Other Treaties Limit Sovereignty Thus, when the Philippines joined theUnited Nations as one of its 51 charter members, it consented to restrict its sovereign rights under theconcept of sovereignty as auto-limitation

*see Section 2 Article II of the Constitution

National Territory*see Article I of the Constitution

Fundamental Principles and State Policies

Preamble- The Preamble is not considered a source of substantive right since its purpose is only to

introduce.

The Philippines is a Democratic and Republican State-Sec. 1 Art. II Const.

Characteristics of a democratic and republican state- Republic a representative government, a government run by and for the people. The essence

of republicanism is representation and renovation- Democratic a government by the people. The will is determined by the rule of majority

In a democratic and republican State, disclosure of information is the general rule; an executiveprivilege is the exemption

-Sec 21 and 22 Art. VI Const.

Senate of the Philippines v. Ermita

-Executive Privelege the power of the Government to withhold information from the public, the

courts, and the Congress, as well as the right of the President and high -level executive branch officersto withhold information from Congress, the courts, and ultimately the public.

- When Congress merely seeks to be informed on how department heads are implementing thestatutes which it has issued, its right to such information is not as imperative as that of the President towhom, as Chief Executive, such department heads must give a report of their performance as a matter ofduty, but when the inquiry in which Congress requires their appearance is in aid of legislation underSection 21, Article VI of the Constitution, the appearance is mandatory for the same reasons stated inArnault v. Nazareno; The oversight function of the Congress may be facilitated by compulsory processonly to the extent that it is performed in pursuit of legislation.

Renunciation of War as an Instrument of National Policy-Sec. 2 Art. II Const.

Who may declare war?-The renunciation of war as an instrument of national policy is itself a generally accepted principle

now categorically expressed in the UN Charter.-The view that war here eschewed is an offensive and not a defensive war-Sec. 23(1) Art. VIempowers the Congress to declare not war but the existence of a state ofwar presumably commenced or provoked by the enemy State. -see Sec. 7 and 8 Art. II

The Philippines adherence to the Doctrine of Incorporation in International Law


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-Sec. 2 Art. II Const.

-The Doctrine of State Immunity from Suit the State cannot be sued without its consent

Basis there can be no legal right against the authority which makes the law on whichthe right dependsWhen an action is one against the State When it will require that the government toperform an affirmative act to satisfy the judgment, viz., the appropriation of the necessaryamount to cover the damages awarded (Sanders v. Verdiano)Waiver of Immunity Consent of the State>Expressed Consent General law or Special law enacted by the Legis.>Implied Consent when the State commences litigation (defendant is entitled to file acounterclaim) or when it enters into a contract>Jure Imperii sovereign and governmental acts (State Immunity is present)>Jure Gestionis private, commercial and propriety acts

Suability v. Liability>the mere fact that the State is suable does not mean that it is liable.>Suability the result of the express or implied consent of the State to be sued.>Liability determined after the hearing on the basis of the relevant laws and

established facts

Suits Against Government Agencies>ascertainment will depend in the first instance on whether the government agencyimpleaded is incorporated or unincorprated>Incorporated Agency has a charter of its own that vests it with separate juridicalpersonality>Unincorporated Agency has no separate juridical capacity but is merged in thegeneral machinery of the government>Test If incorporated, suability is found in its charter.

Suits against Government Officials>where a public officer acts without or in excess of jurisdiction, any injury caused by him

is his own personal liability and cannot be imputed to the State

The Doctrine cannot be used to perpetrate an injustice on a citizen

-The Doctrine of Sovereign Equality of All States-Pacta Sunt Servanda The rule that agreements and stipulations, esp. Those contained intreaties, must be observed-Yogyakarta Principles the application of International Human Rights Law in Relation toSexual Orientation and Gender Identity

The Civilian Supremacy Clause-Sec. 3 Art. II-see Republican State

The Right to a Balanced and Healthful Ecology

The Filipino First Policy-Sec. 10 par. 2 Art. XII Const.-In the grants of rights, privileges and concessions covering the national economy andpatrimony, the state shall give preference to qualified Filipinos

Academic Freedom of Institutions of Higher Learning


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-Academic Freedom freedom to determine for itself on academic grounds:-who may teach-what may be taught-how it shall be taught-who may be admitted to study(Miriam College v. CA)

-Contract Imbued with Public InterestWe have also stressed that the contract between theschool and the student, imbued, as it is, with public interest, is not an ordinary contract (Isabelov. Perpetual Help College of Rizal)

-Sphere of Autonomy Where it is shown that the conferment of an honor or distinction wasobtained through fraud, a university has the right to revoke or withdraw the honor or distinction ithas thus conferred. This freedom of a university does not terminate upon the graduation of astudent, as the Court ofAppeals held. For it is precisely the graduation of such a student that isin question. xxx

Wide indeed is the sphere of autonomy granted to institutions of higher learning, for theconstitutional grant of academic freedom, to quote again from Garcia v. Faculty AdmissionCommittee, Loyola School of Technology, is not to be construed in a niggardly manner or in agrudging fashion.

Separation of Powers

Branches of the GovernmentLegislative Purse/Galleon/CoinExecutive - SwordJudiciary Scales

Constitutional CommissionsCommission on AuditCommission on ElectionsCivil Service Commission

Doctrine of Separation-intended to prevent a concentration of authority in one person or group of persons that might

lead to an irreversible error or abuse in its exercise to the determinant of our republican institutions

Checks and Balances-one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or

excesses committed by the other departments. (examples see page 77. Cruz 2002)

Blending of Powers-when powers are not confined exclusively within one department but are in fact assigned to or

shared by several departments (eg: power of appointment and enactment)

Role of the Judiciary-to determine the boundaries between each branches of the government-what it is upholding is not its own supremacy but the supremacy of the Constitution (Angara v.Electoral Commission)-*Whether or not the power in question, regardless of its nature, has been constitutionallyconferred upon the department claiming its exercise!!~ to determine whether or not there had been a grave abuse of discretion amounting to lack ofexcess of jurisdiction ~!!


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Justiciable and Political Questions

-A purely justiciable question implies a given right, legally demandable and enforceable, an act oromission violative of such right, and a remedy granted and sanctioned by law, for said breach ofright. (Casibang v. Aquino)

-legality or validity of an act

-Where the matter falls under the discretion of another department or especially the peoplethemselves, the decision reached is in the categopry of a political question

-Wisdom, efficacy or practicability of a law-a question of policy

Delegation of Powers

Doctrine of Non-Delegation of Powers what has been delegated cannot be delegated

Doctrine of Necessary Implication the grant of an express power carries with it all other powers thatmay be reasonably inferred from it (to imply what from what has been expressed)

Permissible Delegation of Legislative Powers (PETAL)

-Delegation to the People at large-Referendum and Plebiscite

-Emergency powers to the President-Conditions>Existence of War or other National Emergency>Delegation must be for a limited period only>Delegation must be subject to such restrictions as the Congress may prescribe>must be exercised to carry out a national policy as the Congress may prescribe(Event, Time, Conditions, Purpose)

-Tariff powers to the President-delegation to Administrative bodies

-implementation of Implementing Rules and Regulations (IRR)

-delegation to Local governments-implementation of local regulations

Tests of Delegation-The purpose is to prevent undue delegation of powers.

Completeness Test-the law must be complete in all it 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 enforce it

Sufficient Standard Test- A sufficient standard is in tended to map out the boundaries of the delegates authority by

defining the legislative policyand indicating the circumstances under which it is to be pursued and

effected-examples: Public Interest, Public Welfare, Justice and Equality, Sense and Experience of Men,National Policy, Simplicity, Economy and Efficiency

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