ACADEMIC FREEDOM

Constitutional Basis
 Art. 14 Sec. 5 Par. II
 Academic freedom shall be enjoyed in all institutions of higher learning
 The court emphasized that no one has the constitutional right to a profession.
 The right (to quality education) is qualified.
 It is not absolute because same provision provides that you have right to quality
education subject, however, to fair reasonable and equitable admission in academic
requirements.
Is this freedom of the school absolute?
 NO, Courts may not interfere in its exercise of its discretion unless there is a
clear showing that the school or university arbitrarily or capriciously exercise
its judgement.
Right encompasses the following freedoms:
1. It has the right to determine who may teach
2. It has the right to determine who may be taught
3. It has the right to determine how the lessons may be taught or what to teach
4. The freedom to determine who may be admitted to study or who may be taught
Two aspects of academic freedom
1. Academic Freedom of an institution via learning
 It has the right to decide its aims and objectives and how to best attain them.
2. Academic Freedom of faculty member
 A right of a faculty member to pursue his studies in his particular specialty
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POLITICAL LAW
 A branch of public law which deals with the organization and operations of the
government/governmental organs of the state
 Relation of the state with the inhabitants in its territory.
 It embraces constitutional law, law of public corporations, administrative law
including the law on public officers and elections.

GENERAL RULE:
 Whenever there is a change in the sovereignty, political laws of the former
sovereignty are automatically abrogated, unless they are reenacted by Affirmative
Act of the New Sovereign. (Macariola vs. Judge Asuscion)
DIVISIONS OF POLITICAL LAW:
1. Constitutional law
2. Administrative law
3. Law on municipal corporations
4. Law on public corporations
5. Law on public officers
6. Election law

CONSTITUTIONAL LAW
 Study of the maintenance of the balance between authority which is the state,
represented by their powers and some limitations through the Bill of rights.
 It is a branch of public law of the state which treats the organization or frame of
government, organs and powers of sovereignty, distribution of political and
governmental authorities, functions and fundamental principles which would relate
the relations of the government and its subjects.
 A distinct branch of jurisprudence dealing with the legal principles affecting the
nature, adoption, amendment and operation of the constitution.
  The law embodied in the constitution and the legal principle growing out of the
interpretation and application made by courts of the provisions of the constitution in
specific cases (American and Philippine Jurisprudence)
 Ratified: February 2, 1987 – became effective thru majority of the votes cast in the
plebiscite (Art. 18, Sec.27)
 Concurring Opinion of Justice Teehankee:
 The 1987 constitution took effect on February 2, 1987, which was the date
of its ratification in the plebiscite held on that same date. The act of
ratification in the plebiscite is the act of voting by the people
 The February 11, 1987 occurrence is merely the mathematical
confirmation of what was already decided by the people in February 2,
1987. (De Leon et. Al vs. Esquerra)

How was the 1987 constitution crafted?

 1973 Constitution – by way of a constitutional assembly or constitutional convention
 1986 Constitution – constitutional commission not ConAss or ConCon (supervening
Event-People Power Revolution)
***Note: Proclamation No. 1 – Provisional Government
Proclamation No. 3 – Provisional Constitution

Difference between De Jure and De Facto Government

De Jure Government – it has a rightful title (legal) but it has no power at all if there is
another power usurping the legal government.

De Facto Government – it actually exercises power but it has no legal title

The Aquino government is a De Jure Government because it was a result of a direct state
action. There was no usurpation because it was not a small people. The State itself installed
the government. (Lawyers’ League vs Aquino)

What is the effect of a Revolution? What happens to the Government?

 The revolution abolished the forms and alters any existing form of government
without regard to the existing constitution.
 Because of the events of EDSA Revolution, the Government then was reorganized,
that is why other associates prevail over Associate Justice Puno. The Court held that
the Court of Appeals and Intermediate Appellate Court existing prior to EO No. 33
phased out as part of the legal system abolished by the 1987 Revolution. Therefore,
Puno could not claim seniority because he was being appointed to a new Court. (The
Letter of Associate Justice Puno)

Effectivity of the Constitution and Effectivity of a statute or a law

Effectivity of the Constitution – requires it to be ratified by the people before they would
take effect.

Effectivity of a statute or a law – a law only takes effect only after it has been duly
promulgated by the congress and later on published when there is no requirement on a
plebiscite before a law takes its effect.

The Supreme Court said that the publication is indispensable. The SC also ruled that law
should be published. The clear object of such is to give the general public adequate notice of
the various laws which are to regulate their actions and conduct as citizens. PDs that
provide for fines, forfeitures or penalties for their violation must be published but other PDs
which apply only to particular person or class of persons such as AOs and Eos need not be
published. (Tañada vs Tuvera)

What is the purpose