7 CONSTITUTIONS Biak na bato Malolos Constitution Commonwealth (1935) Laurel Constitution (1943) Freedom Constitution (1973) 1986 1987

CHAP. 3 Concept of the State STATE a community of persons, more or less numerous, permanently occupying a fixed territory and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience. NATION used interchangeably with STATE NATION (Hackworth defines) evidenced by its etymology, indicated a relation of birth or origin and implies a common race usually characterized by community of language and customs. NATION (Malcolm) people bound together by common attractions and repulsions into a living organism possessed of a common pulse, a common intelligence and inspiration and destined apparently to have a common history and a common fate. STATE legal concept NATION a racial or ethnic concept

STATE vs GOVERNMENT Former the PRINCIPAL and itself an abstraction, latter only an element of the state and externalizes the State and articulates its will ELEMENTS Essential

1. People,
PEOPLE -

2. Territory

3. Government

4. Sovereignty

Refers to the inhabitants of the State.

(No legal requirement as to their numbers) Generally agreed that They must be numerous enough to be self sufficing and to defend themselves and small enough to be easily administered and sustained.

People must come from both sexes to be able to perpetuate themselves. People are more comprehensive and less cohesive than the nation.

TERRITORY Fixed portion of the surface of each inhabited by the people of the State.

(practical requirement only) it must be neither too big as to be difficult to administer and defend nor too small as to be unable to provide for the needs of the population. Components of territory a. TERRITORIAL DOMAIN (land mass) b. MARITIME AND FLUVIAL DOMAIN (inland and external waters) c. AERIAL DOMAIN (air space)

ARCHIPELAGO DOCTRINE under which we connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as internal waters. GOVERNMENT Is the agency or instrumentality through which the will of the state is formulated, expressed and realized.

DIRECT STATE ACTION may justify the replacement of the government by the state by revolution, theoretically at the behest of the state. Government Functions 2 KINDS a. CONSTITUENT constitute the very bonds of the society and are therefore compulsory. b. MINISTRANT are those undertaken to advance the general interests of society, such as public works, public charity, and regulation of trade and industry are merely optional. DOCTRINE OF PARENS PATRIAE guardian of the rights of the people DE JURE Has the rightful title but no power or control either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof.

DE FACTO A government of fact, that is, it actually exercises power or control but without legal title.

ADMINISTRATION Which is the group of persons in whose hands reins of government are for the time being.

Runs the government Is transitional whereas the government is permanent

SOVEREIGNTY Supreme and uncontrollable power inherent in a State by which that State is governed.

Kinds of Sovereignty a. LEGAL is the authority which has the power to issue final commands b. POLITICAL is the power behind the legal sovereign or the sum of the influences that operates upon it. c. INTERVAL refers to the power of the state to control its domestic affairs

d. EXTERNAL the power of the State to direct its relation with other states, is also known as independence. Sovereignty is permanent, exclusive, comprehensive, absolute, indivisible, inalienable and imprescriptible. JUS POSTLIMINIUM - at the end of the occupation, when the occupant is ousted from the territory, the political laws which have been suspended shall automatically become effective again. ACT OF STATE Is an act done by the sovereign power of a country, or by its delegate, within the limits of the power vested in him.

It cannot be questioned or made the subject of the legal proceedings in a court of law. Is an act done by the political departments of the government and not subject to judicial review.

CHAP. 4 Doctrine of State Immunity The State may not be sued without its consent (Art. XVI, Sec 9.) 4 Cs (State loses immunity) a. CONSENT b. CONTRACT c. COUNTER-CLAIM

d. CONFISCATION PAR IN PAREM NON HABET IMPERIUM

CHAP. 5 Fundamental Principles and State Policies ART. II of the Constitution In whom does sovereignty resides in this country? (question to the quiz) ART. II, Sec. 1 provides: The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.

ENFRANCHISED CITIZEN is a particle of popular sovereignty and is the ultimate source of established authority. REPUBLIC is a representative government, a government run by and for the people. DEMOCRACY where the people govern themselves directly. Republican govt is a responsible government whose official hold and discharge their position as a public trust and shall according to the Constitution, at all times be accountable to the people Art. XI, sec. 1 they are sworn to serve. Purpose of a republican govt is the promotion of the common welfare according to the will of the people themselves. No person is above the law; all must bow to its majesty. Every official act must be based upon and conform to the authority of a valid law, lacking which the act must be rejected. VILLAVICENCIO v LUKBAN pg. 53 DEFENSE OF THE STATE Art. II, sec. 4 The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service. This provision is based upon the inherent right of every State to existence and self-preservation. By virtue of this right, a State may take up all necessary action, including the used of armed force, to repel any threat to its security. PEOPLE v LAGMAN and PEOPLE v ZOSA the SC affirmed their conviction against the accused charged with refusal to register for military training as required by the statue. pg. 55 POSSE COMMITATUS - it is the power of the state to require all able-bodied citizens toperform civic duty to maintain peace and order. PEACE AND ORDER Art. II, sec. 5 The maintenance of peace and order , the protection of life, liberty, and property and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. INCORPORATION CLAUSE

Art. II, sec. 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations. In case of conflict, which prevails: a statue or a treaty? (question to the quiz) ICHONG v HERNANDEZ pg. 58: Supreme Court said it saw NO conflict. However, even assuming that there was, it was the statute that should be upheld because it represented an exercise of the police power which, being inherent, could not be bargained away or surrendered through the medium of a treaty. According to ATTY. SAGUISAG: Statue will prevail if the issue is within our courts jurisdiction; Treaty if it is within international couirt. PACTA SUNT SERVANDA the law shall act in good faith

May Congress declare war against China? (question in the quiz) Art. VI, sec. 23 (1) which empowers the Congress to declare NOT WAR but the existence of a state of war presumably commenced or provoked by the enemy state. REARING OF THE YOUTH Art. II, sec. 12 The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. The provision is not closing the door on divorce, which is left for the legislature to allow in its discretion. The State is in a position to assist the parent in the proper upbringing of the child through the enforcement of educational policies. MEYER v NEBRASKA it is incompetent for the government to prohibit the teaching of German language to students between certain age levels since there is nothing inherently harmful in the language that will impair the upbringing of the child. PIERCE v SOCIETY OF SISTERS a law prohibiting the establishment of private schools and in effect confining the education of the youth to public instructions was ANNULLED. Art. II, sec. 13 The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. WOMEN Art. II, sec. 14 The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. SOCIAL JUSTICE CALALANG v WILLIAMS (definition)

The promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the component elements of society through the maintenance of a proper economic and social equilibrium in the interrelation of the members of the community, constitutionality, through the adoption of measures legally justifiable or extraconstitutionally through the exercise of powers underlying the existence of all government on the time-honored principle of salus populi est suprema lex

SALUS POPULI EST SUPREMA LEX the will of the people is the supreme law SEPARATION OF CHURCH AND STATE Art. II, sec. 6 The separation of Church and State shall be inviolable. Rationale of this rule: Strong fences make good neighbors The idea: To delineate the boundaries between the two institutions and thus avoid encroachments by one against the other because of a misunderstanding of the limits of their respective exclusive jurisdiction. Render therefore unto Caesar the things that are Caesars and unto God the things that are Gods. SUPREMACY OF CIVILIAN AUTHORITY Art. II, sec. 3 Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. LOCAL AUTONOMY Art. II, sec. 25 The State shall ensure the autonomy of local governments.

CHAP. 6 Separation of Powers PURPOSE of Doctrine of Separation of Powers according to Justice Laurel a. To secure action b. To forestall over action c. To prevent despotism

d. To obtain efficiency LEGISLATURE enactments of laws EXECUTIVE enforcement of laws JUDICIARY application of laws CHECK AND BALANCES Principle : By means of which one department is allowed to resist encroachment upon its prerogatives or to rectify mistakes or excesses committed by the other department

Illustrations : pg. 77 ROLE OF THE JUDICIARY The judiciary which sees to it that the constitutional distribution of powers among the several department of the government is respected and observed. What is upholding is not its own supremacy but the supremacy of the Constitution. DOCTRINE OF (NECESSARY) IMPLICATION based on the theory that the grant of an express power carries with it all other powers that may be reasonably inferred from it. JUSTICIABLE QUESTION - implies a given right, legally demandable and enforceable, an actor omission violative of such right, and a remedy granted and sanctioned by law for said breach of right. (Casibang vs. Aquino) POLITICAL QUESTION a question of policy. Refers to 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 legislative or executive branch of the government. Concerned with issues dependent upon wisdom, not legality of a particular measures

Illustrations of Justiciable and Political Questions: pg. 81-85

CHAP. 7 Delegation of Powers POTESTAS DELEGATA NON DELEGARI POTEST what has been delegated cannot be delegated PERMISSIBLE DELEGATION Delegation of legislative powers is permitted in the following: a. Tariff powers of the President b. Emergency Powers of the President c. Delegation to the people at large

d. Delegation to Local Governments e. Delegation to the administrative bodies Conditions for the vesture of emergency powers of the President: a. There must be war or other national emergency b. Delegation must be limited be for a limited period of time c. Delegation must be subject to such restrictions as the Congress may prescribe

d. Emergency powers must be exercised to carry out a national policy declared by the congress. REFERENDUM method of submitting an important legislative measure to a direct vote of the whole people. PLEBISCITE intended to work more permanent changes in the political structure, like a proposal to amend the Constitution. According to Strong PLEBISCITE means decree of people. A device to obtain a direct popular vote on a matter of political importance, but chiefly in order to create some or more less permanent political condition.

TEST OF DELEGATION 1. COMPLETENESS TEST The law must be complete in all its 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.

2. SUFFICIENT STANDARD TEST Intended to map out the boundaries of the delegates authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected.

CHAP. 8 Legislative Department LEGISLATIVE POWER - the power or competence of the legislative to propose, enact, ordain,amend/alter, modify, abrogate or repeal laws. It is vested in the Congress which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. PARLIAMENTARY IMMUNITIES 1. PRIVILEGE FROM ARREST

While Congress is in session for offense punished by not more than 6 years imprisonment (Sec. 11, Art. VI)

2. PRIVILEGE OF SPEECH and DEBATE

Not to be questioned nor held liable in any other place for any speech or debate in Congress or in any committee thereof. (Section 11, Article VI)

INCOMPATIBLE OFFICE and FORBIDDEN OFFICE INCOMPATIBLE OFFICE

No Senator or member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.

m a y n o t h o l d o f f i c e o r e m p l o y m e n t i n g o v e r n m e n t during his term without forfeiting his seat;

PURPOSE: to prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of separation of powers. FORBIDDEN OFFICE

No Senator or member of the House of Representatives shall be appointed to any office, which may have been created, or the emoluments thereof increased during the term for which he was elected

may not be appointed to any office created or compensation thereof increased during the term for which he was elected.(Sec. 13, Article VI)

PURPOSE: To prevent trafficking in public office SOFT IMPEACHMENT censure CONFLICT OF INTEREST

Art. VI, sec. 12 All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

DISCIPLINE MEMBERS

Art. VI, sec. 16 (3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of suspension, when imposed, shall not exceed sixty days.

ENROLLED BILL which has been duly introduced, finally passed by both houses signed by the proper officers of each, approved by the governor (or President) and filed by the secretary of state. IN CASE OF CONFLICT: Contents of the enrolled bill shall prevail over those of the journal. SESSIONS REGULAR

convene once every year. The 4thMonday of July until 30 days beforethe start of new regular session (Section 14, Article VI)adjournment is allowed30 days before the opening of its next regular sessionthis is compulsory;

SPECIAL a. Called by the President (Sec. 15, Article VI)the President has the power to call special session;
without the call of Presidentimpeachment

b. Due to a vacancy in the offices of the President and VP at 10:00 am on the 3rdday after the
vacancies (Sec. 10, Article VII

c. Decide on the disability of the President because the majority of all the members of the Cabinet has
disputed his assertion that he is able to discharge the powers and duties of his office (Section 11, par. 3, Article VII

d. To revoke or extend the Presidential Proclamation of Martial Law or suspension of the Writ of Habeas
Corpus (Section 18, article VII) JOINT Voting Separately:

a. Choosing the President (Section 4, Article VII)

b. Determine the Presidents disability (Section 11, Article VII)

c. Confirming nomination of Vice-President (Section 9, Article VI)

d. Declaring existence of state of war (Section 23, Article VI)

e. Proposing constitutional amendments (Section 1, Article XVII)

Voting Jointly: a. To revoke or extend proclamation suspending the privilege of writ of habeas corpus (Section 18, Article
VII)

b. To revoke or extend declaration of martial law (Section 18, ArticleVII).

CHAP. 9 Power of the Congress

LEGISLATIVE POWER IN GENERAL Power of lawmaking, the framing and enactment of laws.

STATUTE the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the State. The power to make laws includes the power to alter and repeal them. GONZALES v HECHANOVA the question of which should prevail as between EXECUTIVE AGREEMENTS and the STATUTES. The SC decided in favor of the latter. Executive agreements may not defeat legislative enactments by indirectly repealing the same through an agreement providing for the performance of the very act prohibited by such laws. PROCEDURE a. Bill is INTRODUCED by any member of the HOR or the Senate.

b. 1st READING involves only a reading of the number and title of the measure and its referral by the
Senate President or the Speaker of the HOR. c. Bill may be killed in the committee or it may be recommended for approval, with or without amendments, sometimes after public hearings are first held thereon.

d. Once reported out, the bill shall be calendar for 2nd READING. It is the stage that the bill is read in
its entirety, scrutinized, debated upon and amended when desired. Most important stage.

e. Bill is approved on 2nd READING is printed in its final form and copies thereof are distributed at
least 3 days before the 3rd READING.

f. On the 3rd READING the member merely register their votes and explain them if they are allowed
by the rules. NO further debates allowed.

g. Once the bill passes the 3rd READING, it is sent to the other chamber, where it will also undergo the
3 readings.

h. If there are differences between versions approved by the 2 chambers, a CONFERENCE

COMMITTEE representing both chambers will draft a compromise measure; ratified by the Senate and HOR, then be submitted to the President for his consideration i. The Bill is enrolled when printed as finally approved by the Congress, thereafter authenticated with the signatures of the Senate Pres., Speaker of the HOR and the Sec. of their respective chambers and approved by the president.

ORIGINS OF BILLS Art. VI, Sec. 24 All appropriation, revenue or tariff bills, bills authorizing increase of the

public debt, bills of local application, and private bills, shall originate exclusively in

the House of Representatives, but the Senate may propose or concur with amendments. May a tax bill originate from the Senate? (question to the quiz) No, under Art. VI, sec. 24 exception to the rule TOLENTINO v SEC. OF FINANCE pg. 155 PROHIBITED MEASURES a. Those impairing the doctrine of separation of powers b. Providing for the appointment of elective officers c. Prohibitions in the Bill of Rights against enactment of Ex Post facto laws, bill of attainders or laws
impairing the obligation of contracts

d. No law granting a title of royalty or nobility shall be enacted (Art. VI, sec. 31) e. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. (Art. VI, sec. 30)
Bills exclusively originated in the House of Representative: 1. Appropriation bills; 2. Private bills; 3. Revenue or tariff bills; 4. Bills authorizing Increase in public debts 5. Bills of Local application. APPROVAL OF BILLS How a bill becomes a law: 1. Approved and signed by the President; 2. Presidential veto overridden by 2/3 votes of all the members of both Houses; 3. Failure of the President to veto the bill and to return it with his objections to the House where it originated, within 30 days after the date of receipt Is partial veto allowed under the Constitution?

NO, the rule is that the President must approve entirely or disapprove in toto exception applies to appropriations, revenues and tariff bills

INITIATIVE power of the people to propse bills and laws and to enact or reject them at polls, independent of the legislative assembly REFERENDUM is the right reserved to the people to adopt or reject any act or measure which has been passed by the legislative body and which in most cases would without action on the part of the electors become a law.

CHAP. 10 Executive Department EXECUTIVE POWER power to enforce and administer laws PRESIDENTIAL IMMUNITY ESTRADA v DESIERTO - After his tenure, the President cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which were not performed in the exercise of his official duties. President is immune from suit for OFFICIAL ACTS. PRESIDENTIAL SUCCESSION a. Death b. Resignation / Removal from Office c. Impeachment d. Expiration of Term e. Disability being permanent CHAP. 11 Powers of the President APPOINTING POWER APPOINTMENT selection by the authority vested with the power of an individual who is to exercise the functions of a given office. PERMANENT are those extended to persons possessing the requisite eligibility and are thus protected by the constitutional provision on security of tenure TEMPORARY are given to persons without such eligibility, are revocable at will and without the necessity of just cause or a valid investigation. Appointing Powers of the President: a. Heads of the executive department b. Ambassadors, other public ministers and consuls c. Officers of the armed forces from the rank of colonel or naval captain

d. Other officers whose appointments are vested in him in the Constitution Example: JBC, Constitutional Commissions e. All other officers of the government whose appointments are not otherwise provided by law

f.

Those whom he may be authorized by law to appoint.

CONTROL the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of duties. SUPERVISION overseeing or the power or authority of an officer to see that subordinate officers perform their duties. WRIT OF HABEAS CORPUS a writ dedicated to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place. PARDONING POWER PARDON act of grace which exempts the in individual on whom it is bestowed from the punishment which the law inflicts for the crime he has committed COMMUTATION reduction or mitigation of the penalty REPRIEVE merely a postponement of a sentence to a date certain or a stay of execution. Limitations: a. Cannot be granted in cases of impeachment b. Cannot be granted in violations of election laws without favorable recommendations of the COMELEC; c. Can be granted only after conviction by final judgment (except amnesty); d. Cannot be granted in cases of legislative contempt or civil contempt; e. Cannot absolve convict of civil liability; f. Cannot restore public offices forfeited. KINDS OF PARDON: a. Absolute is one extended without any strings attached

b. Plenary extinguishes all the penalties imposed upon the offender including accessory penalties

c.

Conditional one uder which the convict is required to comply with certain requirements.

d. Partial does not extinguishes all penalties.

CHAP. 12 Judicial bar Council

INDEPENDENCE OF THE JUDICIARY a. The SC is a constitutional body. It cannot be abolished nor may its membership by mere legislation

b. Members of the SC may not be removed except by impeachment

c.

The SC may not be deprived of the minimum orginal and appellate jurisdiction

d. The appellate jurisdiction of the SC may not be increased by law without its advice and concurrence.

e. Appointees to the judiciary are now nominated by the JBC; no confirmation from COAppointments.

f.

The SC now has administrative pervision over all lower courts and their personel

g. The SC has exclusive power to discipline judges of lower courts

h. Members of the SC and all lower courts have security of tenure

i.

They shall not be designated to any performing quasi-judicial or administrative functions

j.

Salaris of judges may not be reduced during their continuance in office

k.

Judiciary shall enjoy fiscal autonomy

l.

The SC alone may initiate rules of court

m. Only the SC may order the temporary detail of judges

n. The SC can appoint all officials and employees of the judiciary.

JURISDICTION the authority by which courts take cognizance of and decide cases, the legal right by which judges exercise their authority. FISCAL AUTONOMY freedom from outside control EN BANC CASES How many votes of SC Judges to make a measure void? Pg. 157 5 members of the Court can declare any of the measures unconstitutional REQUSITES OF A JUDICIAL INQUIRY a. There must be an ACTUAL CASE or controversy b. The question of constitutionality must be raised by the proper party. c. The constitutional question must be raised at the earliest opportunity

d. The decision of the constitutional question must be necessary to the determination of the case QUO WARRANTO an action for usurpation of office or franchise or against a corporation for violation of its charter or for misuse, non-use or forfeiture of its rights and privileges.