University of San Carlos INTRODUCTION

Constitutional Law 1 Study Guide by Atty. Galeon

Room EH308 c. According to Procedure of Amendment 1. Rigid 2. Flexible

SDSG

I.

POLITICAL LAW That branch of public law that 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.

One that can be amended only by a formal and usually difficult process

One that can be changed by ordinary legislation

II.

CONSTITUTIONAL LAW The 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.

Qualities of a good written Constitution a. Broad 1. b. Brief 1. c. Definite 1. No ambiguity to prevent confusion and division Confines to basic principles which will be implemented with legislative details more adjustable to change Covers the basics but provides for any contingencies

III.

CONSTITUTION The written instrument enacted by the direct action of the people by which a. the fundamental powers of the government are established, limited and defined, and by which b. those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Purposes: a. To prescribe a permanent framework of a system of a government b. To assign to the several departments their respective powers and duties c. To establish certain first principles on which the government is founded Types: We have a written, enacted and rigid Constitution a. According to Form 1. Written 2. Unwritten Consists of rules which have not been integrated into a single, concrete form but are scattered in various sources including statutes, judicial decisions, publicists commentaries, customs and traditions and certain common law principles. One whose precepts are embodied in 1 document or set of documents

Essential Parts of a good written Constitution a. Constitution of Liberty 1. Bill of Rights (fundamental rights and constitutional limitations on governmental powers as a means to securing those rights

b. Constitution of Government 1. Organization, power, duties and functions, limitation on powers, qualifications

c. Constitution of Sovereignty 1. Method/procedures Constitution in amending or revising the

Constitutional Construction a. Verba Legis 1. Words used in the Constitution must be given their ordinary meaning except where technical terms are employed

b. Ratio Legis Est Anima 1. In case of ambiguity, words of the Constitution should be interpreted in accordance with the intent of the framers

b. According to Origin 1. Conventional Enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler

c. Ut Magis Valeat Quam Pereat 1. In case of conflicting provisions, the Constitution must be interpreted as a whole

2.

Cumulative Evolved, is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method

NOTE: In case of doubt, provisions are held to be self-executing; mandatory rather than directory; and prospective rather than retroactive

DOCTRINE OF CONSTITUTIONAL SUPREMACY The Constitution is the fundamental and supreme law.

University of San Carlos AMENDMENT AND REVISION

Constitutional Law 1 Study Guide by Atty. Galeon II. PROCEDURES IN AMENDMENT OR REVISION A. PROPOSAL

Room EH308

SDSG

Article XVII, 1987 Constitution Section 1. Any amendment to, or revision of, this Constitution may be proposed by: 1. 2. Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. The Congress shall provide for the implementation of the exercise of this right. Section 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention. Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition. The Congress, upon a vote of three-fourths of all its Members; or A constitutional convention.

1. Revisions and Amendments Constituent Assembly a. b. Requires vote from all the members of Congress voting separately Is composed of members of Congress acting as a group to propose amendments to or revisions of the Constitution

Constitutional Convention a. b. c. Requires 2/3 vote from all the members of Congress voting separately If Congress cannot decide, vote will be thrown to the people - majority Is composed of individuals who are deemed to have the expertise needed in proposing amendments to or revisions of the Constitution

2. Amendments only Peoples Initiative a. Directly proposed by the people through initiative upon petition signed by at least 12% of the total number of registered voters in the country, AND each legislative district must be represented by at least 3% of the total number of registered voters therein Requires an enabling law (Congress will provide for its implementation) Can only be availed of 5 years after ratification of the 1987 Constitution and once every 5 years thereafter

b.

c. I. AMENDMENT VS REVISION A. Amendment 1. Any change that adds, reduces, deletes, without altering the principle involved. 2. Generally affects only the specific provision being amended 3. Isolated/piecemeal change B. Revision 1. Any change that alters any of the basic principles or tenets underlying the Constitution 2. Generally affects several provisions of the Constitution 3. Overhaul or revamp or rewriting the whole instrument B. RATIFICATION d.

1. Ratified by a majority vote in a plebiscite held under the Election Law, supervised by COMELEC and where only registered voters take part 2. Not earlier than 60 days nor later than 90 days after Approval by Congress (Constituent Assembly) Approval by Constitutional Convention Certification of Sufficiency of the petition by the COMELEC a. b. Form Substance

University of San Carlos III. RELEVANT CASES

Constitutional Law 1 Study Guide by Atty. Galeon

Room EH308

SDSG

F. A. Amendment and Revision 1. 2-part Test Quantitative a. Qualitative a. Checks the degree of change to determine if any of basic principles underlying the Constitution have been affected G. Checks on number of provisions affected

Elements of Petition in Peoples Initiative 1. The people must author and sign the entire proposal, no agent or representative can sign on their behalf 2. As an initiative upon a petition, the full proposal must be embodied in the petition Lambino vs COMELEC, GR 174153, 10/25/06

Doctrine of Proper Submission 1. Because the Constitution itself prescribes the timeframe within which the plebiscite is to be held, there can be no question as to the adequacy of time given to people for determination.

Lambino vs COMELEC, GR 174153, 10/25/06

B.

Constituent vs Legislative Power 1. Congress can transform itself into a Constituent Assembly through a vote of all members voting separately for the purpose of proposing changes to the Constitution AND 2. Pass the necessary implementing law using its legislative powers through a vote of 2/3 of all members voting separately Imbong vs COMELEC, GR L- 32432, 9/11/77

2. Ratification plebiscite can be held on the same day as a regular elections Gonzales vs COMELEC, GR L-28916, 11/9/67

3. No piecemeal submissions the word election was used in its singular sense means that the entire constitution must be submitted for ratification at 1 plebiscite only. Tolentino vs COMELEC, GR L-34150, 10/16/71

C.

Congress has full discretion on the choice of method for proposal 1. Constituent Assembly 2. Constitutional Convention Occena vs COMELEC, GR L-56350, 4/2/81 Plebiscite Ratification of proposed amendments; approval of particular amendment Referendum Consultation; getting public attention/ public sentiment on a certain issue

D.

Theories on position of Constitutional Convention 1. Theory of Conventional Supremacy Loomis vs Jackson, 6W. Va. 613 H. Judicial Review of Amendments 1. Subject to Judicial Review to determine whether or not the constitutional provisions had been followed FORM, not substance Sanidad vs COMELEC, GR L-44640, 10/12/76

2. Convention is Inferior Woods Appeal, 79 Pa. 59

3. Independent and Co-Equal Mabanag vs Lopez Vito, 78 Phil 1

E.

RA 6735 as Sufficient Enabling Law for Peoples Initiative 1. Insufficient and unconstitutional 2. Sufficient Lambino vs COMELEC, GR 174153, 10/25/06 Minute Resolution on Motion for Reconsideration 10 votes Defensor-Santiago vs COMELEC, GR 127325, 3/19/97

University of San Carlos IV. JUDICIAL REVIEW

Constitutional Law 1 Study Guide by Atty. Galeon

Room EH308

SDSG

Issue should not be premature (exhaust all options) Exceptions: a. b. c. d. There is grave violation of the Constitution or the rights provided therein There is paramount public interest and is of exceptional character Case is capable of repetition yet evasive of review Constitutional issue raised requires formulation of controlling principles to guide the bench, bar and the public

A.

DEFINITION 1. Article VIII, Section 1, Paragraph 1 Judicial power to settle actual controversies involving rights which are legally demandable and enforceable Judicial power 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 the Government. 2. Locus Standi

2. Article VIII, Section 4, Paragraph 2 Judicial Review is the power to test the constitutionality of a treaty, international or executive agreement, or law. Judicial Review is the power to test the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations

Constitutional question must be raised by the proper party with legal standing. To have legal standing, you must have a personal and substantial and material interest in the case such that you have sustained or will sustain a direct injury as a result Requirements: a. Direct Injury Test i. Citizens 1. a. Constitutionality of a statute There should be a direct and personal interest and that citizen sustained or will sustain some direct injury as a result of that statutes enforcement Assertion of a public right a. ii. Voters 1. Constitutionality of election law a. There should be obvious interest in the election law being questioned a party should be a registered voter Filipino citizen

B.

WHO MAY EXERCISE THE POWER OF JUDICIAL REVIEW 1. Supreme Court (Article VIII, Section 4, Paragraph 2) 2. Lower Courts (Article VIII, Section 5, Paragraph 2)

C.

FUNCTIONS OF JUDICIAL REVIEW 1. Checking Check for grave abuse of discretion/unconstitutionality 2.

2. Legitimating 3. Symbolic Educate bench and bar on controlling principles and concepts of great importance Legitimize extra-constitutional change

D.

REQUISITES OF JUDICIAL REVIEW 1. Actual Case/Controversy There should be an actual and existing conflict of legal rights or an assertion of opposing legal claims at all stages of review, which can be resolved through the application of existing laws and jurisprudence Should not be a request for Advisory Opinion but maybe an action for declaratory relief Issue should not be moot and academic Issue should be ripe for adjudication (actual injury) iii.

b.

Taxpayers 1. There should be sufficient interest in preventing the illegal expenditure of funds derived from the taxing and spending power of Congress And that he would sustain a direct injury as a result of the enforcement of the questioned statute or contract.

2.

University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon

Room EH308 i.

SDSG

iv.

Legislators 1. There must be a claim that the official action complained of infringes upon their prerogatives as legislators. 4. Lis Mota

Exception: Unless when there is Estoppel preclusion in law which prevents man from alleging or denying a fact in consequence of his own previous act - where a man is concluded by his own act or acceptance, to say the truth

v.

Government 1. Doctrine of Parens Patriae

b.

Facial Challenge i. ii. Used only when a statute operates in the area of Freedom of Expression Overbreadth Doctrine 1. Anyone can challenge the validity of the statute even though, as applied to him, it is not unconstitutional, but it might be if applied to others not before the court whose activities are constitutionally protected. Rarely used since this is very difficult to prove since the challenger must establish that there can be no instance when the assailed law may be valid

The decision on the constitutionality question must be determinative of the case itself The outcome of the case rests on the decision on the question of unconstitutionality Because of the Doctrine of Separation of Powers, courts are loathe to decide constitutional questions and as long as the case can be decided on some other merit, it will not touch the issue of constitutionality.

E.

EFFECTS OF DECLARATON OF UNCONSTITUTIONALITY 1. Orthodox View An unconstitutional act is not a law: a. b. c. d. e. It confers no rights Imposes no duties Affords no protection Creates no office It is inoperative, as if it had never been passed at all declared

2.

Exceptions: a. b. c. Issue is of paramount public interest Issue is of transcendental importance Issue is a matter of public concern and imbued with public interest

It is usually used when the law was unconstitutional a short time after its effectivity

2. Modern View 3. Earliest Opportunity with the Right Forum A constitutional issue must be raised in the pleadings before the competent court can resolve the case. If the issue of constitutionality is not raised during the pleadings, it cannot be raised during trial and onward. Exceptions: a. b. Criminal Cases can be raised at any time at the courts discretion Civil Cases can be raised at any stage in the proceedings If necessary to the determination of the case itself In every other case can be raised at any point if it involves jurisdiction of the court F. Courts simply refuse to recognize the law and will determine the rights of the parties as if the law in question did not exist. It is usually used when there is a significant amount of time between the date the said law became effective and the date it was declared unconstitutional This is to protect the rights which may have already vested by people who acted in good faith upon reliance of the aforementioned law

PARTIAL UNCONSTITUTIONALITY 1. With respect to the Doctrine of Separation of Powers, courts will hesitate to declare a law totally unconstitutional and will always attempt to salvage the valid portions of it. 2. Requisites for Declaration of Partial Unconstitutionality

c.

University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon The legislative is willing to retain the valid portions a. Expressed through a Separability Clause e.

Room EH308

SDSG

Potentiality of embarrassment from multifarious pronouncements by various departments on one question

The valid portions can stand independently as a separate law THE PHILIPPINES AS A STATE

G.

POLITICAL QUESTIONS VS JUSTICIABLE QUESTIONS 1. Political Question An issue is a political question when it does not deal with the interpretation of a law and its application to a case, but with the very wisdom of the law itself. a question of policy: a. 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 Legislature or executive branch of the Government.

I.

DEFINITIONS A. 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. A legal or juristic concept B. NATION A non-juristic concept made of people bound together by an awareness of community interests based upon one or more factors such as racial, cultural identity, language, common economic and social interdependence or other bonds of organic unity. An ethnic or racial concept C. NATION STATE Where different races living together as a political group acquire a community of cultural and economic interests and develop common sympathies and aspirations. D. GOVERNMENT An instrumentality of the State through which the will of the State is implemented and realized.

It is concerned with issues dependent upon the wisdom, not legality, of a particular measure. Political questions are a limitation on the power of Judicial Review so that the Judiciary will not encroach on the duties and responsibilities of the both the Legislative and Executive branches. FOCUS: Wisdom of the Law

2. Justiciable Questions An issue that can resolved upon the interpretation and application of an existing law together with precedent judicial decisions FOCUS: Legality of the Law II. 3. SC will not decide on a political question due to the following reasons: a. b. Lack of judicially discoverable and manageable standards for resolving it Impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion Impossibility of a courts undertaking independent resolution without expressing lack of the respect due coordinate branches of government An unusual need for unquestioning adherence to a political decision already made

ELEMENTS OF STATE A. PEOPLE Requisites for Statehood: Adequate number of people for self sufficiency and defense People should be of both genders for perpetuity Sec. 2, Art III; Sec. 1, Art XIII Preamble; Secs. 1&4, Art II; Sec. 7, Art III Sec. 4, Art VII

Inhabitants Citizens Voters/Electors

c.

d.

B.

TERRITORY Covers: The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all

University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. a. Sec. 1, Art I

Room EH308 PD No. 1596, June 11, 1978 (other territories) a.

SDSG

Claim to Kalayaan Island Group on historical basis and indispensible need.

PD No. 1599, June 11, 1978 a. 200 Mile Exclusive Economic Zone from baseline

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. a. Archipelagic Doctrine, 2nd sentence, Sec. 1, Art I

U.N. Convention on the Law of the Sea a. b. Distinguished between an archipelagic state and an archipelago. The former means a state composed of one or more archipelagos & may include other islands; the latter refers to a group of islands, including parts of islands, interconnecting waters and other natural features which are closely interrelated. Following the definition of an archipelago, Batanes Island falls within the area of the Philippine archipelago. Stipulated that: Internal waters Inside the baseline

Components: a. Terrestrial Domain landmass b. Fluvial/Maritime Domain Internal and Territorial Water c. Aerial Domain Air space over and above the territory

c.

d.

Treaty Limitations: Treaty of Paris, 12/10/1898 a. Spain to US Philippine Islands

Terrestrial waters 12 nautical miles from baseline Part of national territory

Treaty of Washington, 11/7/1900 a. Spain to US Sibutu, Cagayan and Sulu

US & Great Britain Treaty, 1/2/1930 a. Great Britain to US Turtle and Mangsee Islands

Contiguous Zone 24 nautical miles from edge of Terrestrial waters Hot pursuit area

Territories with Philippine Jurisdiction Batanes (1935 Constitution) Those belonging to the Philippines by historic right or legal title a. b. Spratly Islands Sabah e.

Exclusive Economic Zone 200 nautical miles from edge of Contiguous Zone

Scarborough Shoal (PD 4596)

Does not resolve the question of Sabah since it only pertains to sea rights and not to the acquisition or disposal of territory

Determination of National Territorial Seas RA 3046 (June 17, 1961) a. All waters within the baselines provided for in Section 1 hereof are considered inland or internal waters of the Philippines.

Straight baseline method a. b. Used in Archipelagic States Straight lines are drawn connecting selected points on the coast without appreciable departure from the general shape of the coast. RA 3046 & RA 5446 drew straight baselines around the Philippines

RA 5446 (September 8, 1968) - Amended RA 3046, a. Drew straight Philippines. line baselines around the

University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon

Room EH308

SDSG

No power or control, either because this has been withdrawn from it, or because it has not yet actually entered into the exercise thereof. C. GOVERNMENT The agency or instrumentality of the State through which the will of the State is formulated, expressed and realized. Government of the Philippines Sec. 2(1), Administrative Code of 1987 The corporate governmental entity through which the functions of the government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government. b. De Facto Government of fact, that is, it actually exercises power or control without legal title Kinds: a government that gets possession and 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 a government established as an independent government by the inhabitants of a country who rise in insurrection against the parent state a government established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force

Functions: Constituent a. Mandatory constitutes the very bonds of society samples: Ministrant a. Optional (supposedly) Intended to promote welfare, progress and prosperity of the people Samples: Doctrine of Parens Patriae Parent of the People Government may act as a guardian of the rights of the people when they may be disadvantaged or suffering from some disability or misfortune National banking (PNB) b. According to Structure a. Presidential maintenance of peace and order regulation of property and property rights administration of justice

Separation of executive and legislative powers Parliamentary Executive and legislative powers are fused in Parliament although actual exercise is vested in a Prime Minister who is chosen by and held accountable to, Parliament According to Organization a. Unitary Single, centralized government exercising control over internal and external affairs of the State b. Federal

Classification of Government According to Origin a. De Jure has rightful title

University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon Autonomous state government unit merged into a single State. State units handle internal matters while national government handle all external affairs of the State b.

Room EH308

SDSG

Members of the military and AFP are not included

Municipal laws and other laws that are not political in nature (laws governing property/obligations/etc) remain in force Unless abrogated occupant by belligerent

D.

SOVEREIGNTY The supreme and uncontrollable power inherent in a State by which the State is governed Kinds: Legal & Political a. b. Legal Sovereignty - Power to issue final commands and laws Political Sovereignty - is the sum total of all its influences which lie behind legal sovereignty

At end of belligerent occupation a. Political laws are automatically reinstated Doctrine of Jus Postliminium

b.

Judicial decisions made during occupation shall remain valid

belligerent

Except for those political in nature Dominium Capacity of the State to own or acquire property, including lands held by the State in its propriety capacity Covers such rights as title to land, exploitation and use of it, and disposition or sale of the same. Regalian doctrine a. All lands of the public domain belong to the State, and anyone claiming title has the burden to show ownership, comes within this concept. In this capacity, the State descends to the status of ordinary persons and thus becomes liable as such. These will abrogated/annulled be

Internal & External a. b. Internal Sovereignty - Supreme power over anything within its territory (domestic affairs) External Sovereignty independence or freedom from external control (external affairs)

Characteristics Permanence Exclusiveness Comprehensiveness Absoluteness a. Subject to the provisions of treaties and law of nations and public international law

b.

Indivisibility Inalienability Imprescriptibility Imperium

Effects of Change in Sovereignty (successful revolution) Political laws are completely abrogated/annulled a. Unless they are retained or re-enacted by positive act of the new sovereign or ruling party

Authority possessed by the State embraced in the concept of sovereignty States authority to govern. Covers such activities as passing laws governing a territory, maintaining peace and order over it, and defending it against foreign invasion. When the State acts in this capacity, it generally enjoys sovereign immunity.

Municipal laws and other non-political laws remain in force

Effects of Belligerent Occupation No change in Sovereignty a. Political laws are suspended Except for laws on treason (disloyalty during war Articles of War and Military Tribunals)

Jurisdiction Jurisdiction is the manifestation of sovereignty. The jurisdiction of the state is understood as both its authority and the sphere of the exercise of that authority Kinds: a. Territorial jurisdiction

University of San Carlos

Constitutional Law 1 Study Guide by Atty. Galeon authority of the State to have all persons and things within its territorial limits to be completely subject to its control and protection c. Extraterritorial jurisdiction

Room EH308

SDSG

Power exercised by the State beyond its territory in the following cases: Nationality Principle (Art. 15, CC) Territoriality Principle (Art. 2, RPC) Extra-Territoriality Principle (Art. 2, RPC) Exercise of limited jurisdiction over contiguous zones and patrimonial sea to prevent infringement of customs, fiscal, immigration or sanitary regulations Exercise of jurisdiction in high seas over piracy under the Doctrine of Hot Pursuit Enjoyment of easements or servitudes a. b. Easement of innocent passage arrival under stress

Exempt: Foreign States Foreign Heads of State/Diplomatic Representatives/Consuls to a certain degree no criminal or civil liability a. Exceptions: i. Diplomatic agent holds immovable property in the receiving state in his private capacity (refuses to pay purchase price of condo) Instances involving succession (diplomatic agent is named as administrator or heir) Diplomatic agent is engaged in professional or commercial activity outside of his official function (diplomatic agent has a license for medical practice)

ii.

waiver of jurisdiction within its territory a. foreign army is stationed within the territory

iii.

By virtue of its relations with other states, the establishment of colonial protectorate, condominium or administer a trust territory or occupies enemy territory during war

b.

NOTE: Diplomatic agents except consuls STILL CANNOT be held liable for any act in violation of any of our laws i. Diplomatic agents will be deported and declared persona non grata c. EXCEPT: Consuls will be liable

Foreign State property including embassies, consulates and public vessels engaged in noncommercial activities Acts of State Foreign merchant vessels exercising rights of innocent passage or involuntary entry (arrival under stress) Foreign armies passing through or stationed in its territory with its permission Such other persons or property, including organizations like UN

b. Personal jurisdiction

Authority of the State over its nationals, their persons, property, and acts, whether within or outside its territory. (e.g. Art 15, CC)