Constitutional Law Reviewer

Chapter 1: Introduction

Constitutional law: study of the maintenance of the proper balance between the authority (tyranny) as represented by the 3 inherent powers of the state and liberty (anarchy) as guaranteed by the bill of rights

Equilibrium between authority and liberty Goal: well-ordered society based on the inviolability of rights which may

nevertheless be regulated for the common good (co-existence)

Chapter 2: The Nature of the Constitution

Constitution: the written instrument enacted by direct action of the people by which the fundamental power 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

Purpose: prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain fixed principles on which the government is founded

Individual rights: constitution merely recognizes and protect these rights and does not bring them into existence

Supremacy: constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest official of the land, must defer

Written (broad, brief, definite), conventional and rigid constitution Essential parts: liberty, government, sovereignty Amendment: isolated or piecemeal change only Revision: revamp or rewriting of the whole instrument 2 steps: proposal and ratification Proposal: directly by the congress or by constitutional convention If amendment, better if by direct legislative action (vote of at least 3/4 of all the

members of the congress)o Avoid unnecessary expenditure of public funds and time that the calling of

a constitutional convention will entail If revision, constitutional convention (vote of 2/3 of all the members of the

congress) Imbong v. Comelec: congress may call constitutional convention Section 2 of Article XVII: amendment through people initiative upon 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; no amendment within 5 years after ratification

Frantz v. Autry: constitutional convention must be considered independent of and co-equal with other departments of the government (Mabang v. Lopez Vito)

Ratification:majority of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days after the approval of such change in the congress or the constitutional convention or after the certification by the Comelec the sufficiency of the petition under section 2

Adoption of amendments to the constitution is regarded now as subject to judicial review

Chapter 3: The Constitution and the Courts

Requisites of judicial inquiry: actual case/controversy, must be raised by the proper party, raised at earliest possible opportunity, decision of the constitutional question must be necessary to the determination of the case itself

Actual case: involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial adjudication

Must not be moot or academic or based on extra-legal or other similar consideration not cognizable by a court of justice

Proper party: one who has sustained or is in immediate danger of sustaining an injury as a result of the act complained of

Emergency Power Case: permissible for an ordinary taxpayer, or a group of taxpayers, to raise the question of the validity of an appropriation law

Earliest opportunityo Criminal cases: raised any time in the discretion of the courto Civil cases: raised at any stage if it is necessary to the determination of

the case itselfo Every case except estoppel: raised at any stage if it involves the

jurisdiction of the court Necessity: Laurel v. Garcia, the court will not pass upon a constitutional question

although properly presented by the record if the case can be disposed of on some other ground such as the application of a statute or general law

Effects of declaration of unconstitutionality: orthodox view and modern view Orthodox view: not a law; confers no rights, imposes no duties; affords no

protection; creates no office; inoperative, as if it has not been Modern view: does not annul or repeal the statute if it finds it in conflict with the

constitution; simply refuses to recognize it and determines the rights of the parties just as if such statute had no existence

Chapter 4: Fundamental Powers of the State

Police power, power of eminent domain, power of taxation Inherent, indispensable, methods by which the state interferes with private rights,

presuppose an equivalent compensation for the private rights interfered with, exercised primarily by the legislative

Chapter 5: Police Power

Power of promoting the public welfare by restraining and regulating the use of liberty and property

Most pervasive, the least limitable, and the most demanding Salus populi est suprema lex: Subordination of individual benefit to the interests

of the greater number May not be bargained away through the medium of a contract or even a treaty Stone v. Mississippi: franchise which they claimed allowed them to sell lottery

tickets for 25 years. After 3 years, all forms of gambling. Impairment of contract? No!

Ichong v Hernandez: enforcement of Retail Trade Nationalization Law, inconsistent with the treaty of amity between Philippines and China. SC? No conflict!

Dynamic May sometime use the taxing power as an implement for the attainment of a

legitimate police objective Powell v. Pennsylvania: margarine industry, mistaken as butter and processed in

an unsanitary manner. Imposed an exorbitant tax Lutz v. Araneta: imposition of a special tax on sugar producers for the purpose of

creating a special fund to be used for the rehabilitation of the sugar industry Lodged primarily in the national legislature, delegation Test: interests of the public require the exercise of the police power and means

employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals

Department of Education v. San Diego: regulation disqualifying any person who has failed the National Medical Admission Test 3 times from taking it again

Telecommunications and Broadcast Attorneys of the Philippines v. Comelec: validity of section 92 of BP Blg. 881 requiring radio and tv stations to give free air time to the respondent to be used as the Comelec hour for broadcasting information regarding the candidates in the 1998 elections. Without due process of law and payment of just compensation, violating equal protection clause and provision of their franchise? Companies do not own airwaves and frequencies! Franchise is a mere privilege

Ople v. Torres: AO by Ramos establishing a National Computerized Identification Reference System for the expressed purpose of facilitating transactions with the government. Controlling citizen through their privacy? 8’6 votes, invalid police measure

Must be pursued through a lawful method

Chapter 6: Eminent Domain

Upon payment of just compensation, forcibly acquire the needed property in order to devote it to the intended public use

Also called as power of expropriation Compulsory sale to the state

Lodged primarily in the national legislature , delegations Destruction is not the same with eminent domain; may validly undertaken even

by private individuals American Print Works v. Lawrence: mayor of New York was sued for damages

by the owner of a building which he had ordered blasted to stay the great fire of 1853. Not under expropriation! Right of necessity, of self-preservaion

Republic of the Philippines v. La Orden de PP, Benedictinos de Filipinas: expropriation of a portion of the property of the defendant along Mendiola. Contention: no necessity, could pass through different site with less expense. Granted the motion, not of extreme necessity

Anything that can come under the dominion of man is subject to expropriation except for money and choses of action

o Chose of action: personal right not reduced into possession but recoverable by a suit at law, a right toreceive, demand or recover a debt, demand or damages on a cause of action ex contractu of for a tort or omission of duty

Property already devoted to public use is still subject to expropriation Republic of the Philippines v. PLDT: right of bureau of telecommunications to

demand interconnection between the government telephone system abd that of the PLDT, so the former can use of the lines and facilities of the PLDT. SC overruled the defendant’s objections

Taking: imports a physical dispossession of the owner; connotes without actual eviction, material impairment of the value of the property or prevention of the ordinary use for which the property was intended

US v. Causby: government planes fly over private property at such a low altitude as to practically touch the tops of the trees thereon, there is intrusion onto the superjacent rights of the owner as to entitle him to payment of just compensation although there is no divestiture of title

Not every taking is compensable Requisites:

o Expropriator must enter a private propertyo Entry must be for more than a momentary periodo Entry must be under warrant or color of legal authorityo Property must be devoted to public use or otherwise informally

appropriated or injuriously affectedo Utilization of the property for public use must be in such a way as to oust

the owner and deprive him of beneficial enjoyment of the property Public use: any use directly available to the general public as a matter of right

and not merely a forbearance or accommodation Just compensation: full and fair equivalent of the property taken from the private

owner by the expropriator Property taken should be assessed as of the time of the taking, which usually

coincides with the commencement of the expropriation proceedings

Owner is entitled to payment of interest from the time of the taking until just compensation is actually paid to hi,

Interest must be claimed Title of the property shall not be transferred until after actual payment of just

compensation is made to the owner

Chapter 7: Taxation

Enforced proportional contributions from persons and property, levied by the state by virtue of its sovereignty, for the support of government and for all public needs

According to their ability to pay and on the basis of as scientific a classification as possible

Equitable sharing among the people of the expenses to be incurred for their common protection and benefit

Importance: unavoidable obligation of the government to protect the people and extend them benefits in the form of public projects and services

People are subjected to the reciprocal duty of sharing the expenses to be incurred therefor through the payment by them of taxes

Pervasive: it reaches even the citizen abroad and his income earned from sources outside his state

The power to tax includes the power to destroy (police power) If solely for the purpose of raising revenues, it cannot be allowed to confiscate or

destroy Primarily vested in the national legislature Subject to the requirements of due process Due process does not require previous notice and hearing before a law

prescribing fixed or specific taxes on certain articles may be enacted The rule of taxation shall be uniform and equitable Uniformity: persons or things belonging to the same class shall be taxed at the

same rate Equality: ta shall be strictly proportional to the relative value of the property No provision in the constitution specifically prohibiting double taxation 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 Double taxation will not be allowed if it results in a violation of the equal

protection clause For public purpose Tax exemptions: constitutional or statutory Contitutional: article VI, section 28 (3), charitable institutions, churches and

parsonages or convents appurtenant, mosques, non-profit cemeteries and all lands, buildings, and improvements actually, directly, and exclusively used for religious, charitable or educational purposes

Considerable assistance to the state in the improvement of morality of the people and the care of the indigent and the handicapped

Lladoc v. Commissioner of Internal Revenue: parish priest accepted Php 10,000 donation to be used for the construction of the church. Imposed tax? Rejected contention!

Statutory exemptions are granted in the discretion of the legislature Not be lightly extended since they will represent a loss of revenue to the

government Casanova v. Hord: regarding mines and obligations. Collecting additional taxes?

Infringing the impairment clause (between plaintiff and Spanish government)

Chapter 8: Due Process of Law

No man shall be taken or imprisoned or disseized or outlawed, or in any manner destroyed; nor shall we go upon him, nor send upon him, but by the lawful judgment of his peers or by the law of the land

Dartmouth College Case: the general law, a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial

No person shall be deprived of life, liberty or property without due process of law Dynamic and resilient, adaptable to every situation calling for its application Enlarges the rights of the individual to his life, liberty and property Responsiveness to the supremacy of reason, obedience to the dictates of justice The embodiment of the sporting idea of fair play Guaranty against the arbitrariness on the part of the government Protects all persons, natural or artificial Deprive: to take away forcibly, to prevent from possessing, enjoying or using

something Not permissible for the government to deprive the individual of any part of his

body and this is true even if it be as punishment for crime Liberty is the freedom to do right and never wrong A person is free to act but he may exercise his rights only in such a manner as

not to injure the rights of others One cannot have a vested right to a public office Substantive due process: requires the intrinsic validity of the law in interfering

with the rights of the person to his life, liberty, and propertyo Whether or not it is a proper exercise of legislative power

Ichong v. Hernandez: retail trade nationalization law, denied due process by depriving them of livelihood? SC held that the law is a valid exercise of police power

Procedural due process: hears before it condemns, which proceeds upon inquiry and renders judgment only after trial

Requirements in judicial proceedings:o There must be an impartial court or tribunal clothed with judicial power to

hear and determine the matter before it

o Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding

o Defendant must be given an opportunity to be heardo Judgment must be rendered upon lawful hearing

Appeal: not essential to the right to a hearingo Article VIII, section 5 (2)o Exceptions: cancellation of passport of a person sought for the

commission of a crime, preventive suspension of a civil servant facing administrative charges, distraint of properties for tax delinquency, padlocking of restaurants found to be insanitary or of theaters showing obscene movies, abatement of nuisances per se (immediate danger to welfare of the community)

Administrative due process requisiteso Right to a hearing, which includes the right to present one’s case and

submit evidence in support thereofo Tribunal must consider the evidence presentedo Decision must have something to support itselfo Evidence must be substantialo Decision must be rendered on the evidence presented at the hearing o Tribunal body or body or any of its judges must act on its or his own

independent consideration of the law and facts of the controversy and not simply accept views of a subordinate in arriving at a decision

o Board or body should in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered

Chapter 9: Equal Protection

Embraced in concept of due process Provide for a more specific guaranty against any form of undue favoritism or

hostility from the government To provide for more adjustability to the “swiftly moving facts” of our changing

society All persons or things similarly situated should be treated alike, both as to rights

conferred and responsibilities imposed Similar objects should not be treated differently, so as to give undue favor to

some and unjustly discriminate against others Law be enforced and applied equally Yick Wo v. Hopkins: ordinance authorizing board of supervisors to license the

establishment of laundries in an American city, annulled by US SC because Chinese applicants were rejected

Available to all persons natural as well as juridical

Artificial persons, entitled to the protection only insofar as their property is concerned

Does not require the universal application of the laws Not required to provide for equality among all persons if they are not similarly

situated Legislature is allowed to classify the subjects of legislation If classification is reasonable, law may operate only on some and not all of the

people without violating the equal protection clause Classification: grouping of persons or things similar to each other in certain

particulars and different from all others in these same particulars Requirements

o Based upon substantial distinctionso Germane to the purposes of the lawo Not be limited to existing conditions onlyo Apply equally to all members of the class

International School Alliance of Educators v. Quisumbing: local-hire faculty members of the International School complained against the better treatment of their colleagues who have hired abroad

DECS case: 3 flunk is not violating the equal protection clause

Chapter 10: Searches and Seizures

Ordinary citizens enjoys the right against official intrusion and is master of all the surveys within the domain and privacy of his own home

Available to all persons including aliens whether accused of crime or not Artificial persons: may be required to open their books of accounts for

examination by the state in the exercise of the police power or power of taxation Personal and may be invoked only by the person entitled to it Requisites of valid warrant:

o Based upon probable causeo Probable cause must be determined personally by the judge (judges by all

level)o Determination must be made after examination under oath or affirmation

of the complainant and the witnesses he may produce should be based on their own personal knowledge)

o Particularly describe the place to be searched and the persons or things to be seized

Probable cause: facts of circumstances antecedent to the issuance of the warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof

Consists of reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing accused to be committing the offense or to be guilty of the offense

Must refer to only one specific offense Burgos Case: SC rejected the application for search warrant filed by 2 military

officers on the basis of the evidence gathered and collated by our unit Articles particularly described in the warrant can be seized and no other property

can be taken thereunder unless it is prohibited by law Properties subject to seizure

o Property subject to the offenseo Property stolen or embezzled and other proceeds or fruits of the offenseo Property used or intended to be used as the means of committing an

offense Articles illegally seized are not admissible as evidence Warrantless searches and seizures

o When such person has in fact just committed, is actually committing, or is attempting to commit an offense in his presence

o When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it

o When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court or when public safety or order requires otherwise as prescribed by law

Chapter 11: Liberty of Abode and Travel

o Purpose: to further emphasize the individual’s liberty as safeguarded in general terms by the due process clause

o Right to choose one’s residence, to leave it whenever he pleases, and to travel wherever he wills

o Limitations: upon lawful order of the court, national security, public safety or public health as may be provided by law

o Villavicencio v. Lukban: mayor of Manila deported some hundred seventy women of ill-repute to Davao, not sustained!

Chapter 12: Freedom of Religion

Religion: any specific system of belief, worship, conduct, etc. often involving a code of ethics and a philosophy

The existence of a Divine Being is not necessarily inherent in religion Includes rejection of religion Embraces matters of faith and dogma, as well as doubt, agnosticism and atheism Separation of the church and state

No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof

Avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdictions

Not a wall of hostility State recognizes the beneficent influence of religion in the enrichment of the

nation’s life Constitutional prohibition against religious test is aimed against clandestine

attempts on the part of the government to prevent a person from exercising his civil or political rights because of his religious beliefs

Chapter 13: Freedom of Expression

At once the instrument and the guaranty and the bright consummate flower of all liberty

Embraces a number of cognate rights all aimed at insuring the free and effective communication of ideas from mid to mind

Available only insofar as it is exercised for the discussion of matters affecting the public interest

Sovereignty resides in the people Every citizen has a right to offer his views and suggestions in the discussion of

the common problems of the community or the nation Right and duty Includes the right to be silent Include the right to an audience but it is not demandable against those unwilling

to listen Right to listen and right not to listen Language whether oral or written, symbolism Elements

o Freedom from precious restraint or censorshipo Freedom from subsequent punishment

Censor assumes the unlikely role of political, moral, social, and artistic arbiter for the people, usually applying only his own subjective standards in determining what is good and what is not good for them

Not lawful to require the obtention from the authorities of a speaker’s permit before a person may deliver a speech or the previous submission of the speech for their approval

Subject to the police power and may be properly regulated in the interest of the public

Clear and present danger rule: whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the state has a right to prevent

o Question of proximity and degree

Dangerous Tendency Doctrine: if the words uttered create a dangerous tendency which the state has a right to prevent, then such words are punishable.

o Not necessary that some definite or immediate acts of force, violence, or unlawfulness be advocated

o Not necessary that the language used be reasonably calculated to incite persons to acts of force, violence or unlawfulness

o Enough? Bring about substantive evil Balance Interest Test: when particular conduct is regulated in the interest of

public order, and the regulation results in an indirect, conditional, partial abridgement of speech, the duty of the courts is to determine which of the two conflicting interests demands the greater protection under the particular circumstances presented

Right of assembly is important to freedom of expression because public issues are better resolved after an exchange of views among citizens meeting with each other for the purpose

o Not subject to censorship Test: purpose which it is held, regardless of the auspicies under which it is

organized Malabanan v. Ramento: several student leaders were suspended for 1 year

when they held a demonstration in the premises of a university outside the area permitted by the school authorities which disrupted classes and disturbed work of the admin personnel. Moot and academic

Right of association: purposes not contrary to law Access to information