Constilaw Review Notes

7/31/2019 Constilaw Review Notes

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CONSTI LAW REVIEW NOTES

I. OVERVIEW OF THE CONSTITUTION

Political Law that branch of public law which deals with theorganization and operations of the governmental organs of the state anddefines the relations of the state with inhabitants of its territory (Macariola vs Asuncion 114 SCRA 77)

Constitutional Law is that branch of political law which treats of thenature of constitutions, their establishment, construction andinterpretation and the validity of the enactments in conformity with thefundamental law. It is the study of the maintenance of the properbalance between the authority as represented by the three inherentpowers of the state and the liberty as guaranteed by the bill of rights.

(Isagani Cruz Consti Law 1 2000 Ed)

Political Law vs. Constitutional Law

Constitutional Law treats of the constitution and organic law whilePolitical Law includes not only the constitution and organic law but alsostatutory law.

Purpose or functions of the Constitution

1. To

prescribe the permanent framework of a system of government2. To assign to the several departments their respective powers and

duties; and3. To establish certain fixed principles on which government is founded.

Theoretical Basis of the Constitution- Social Contract Theory

It states that the constitution is not only a document that allocatespower to the different branches of government but also a social pact

between the state and the people whereby the people have surrenderedtheir common powers to the state for the common good. SURRENDEROF THEIR SOVEREIGN AUTHORITY TO THE STATE, CONVERSELYTHE STATE HAS A LEGAL AND MORAL OBLIGATION TO THOSE ITGOVERNS.

Parts of the Constitution

a. Constitution of Liberty sets forth the fundamental civil andpolitical rights of the citizens and imposes certain limitations on thepowers of government as a means of securing the employment ofthese rights.

b. Constitution of Government -relates to a series of prescriptionsoutlining the framework or organization of the government,enumerating its powers, laying down certain rules relative to theadministration and defining the electorate.

c. Constitution of Sovereignty points out the mode of proceduresby which formal change sin the fundamental law may be broughtabout.

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II. AMENDMENT TO THE CONSTITUTION

Article XVII, Sections 1, 2 & 3

Amendment vs. Revision

Amendment - isolated or piecemeal change in the constitution

Revision - overhaul or rewriting of the entire constitution

Steps in the Amendatory OR Revision Process

A.

Proposal

1. By Congress upon a vote of of all its members

2. By Constitutional Convention

a. By 2/3 votes of all its members constituting itself as aconstituent assembly

b. By a majority vote of all members of congresssubmitting to the electorate the question of whether ornot to call a constitutional convention

Gonzales vs. Comelec, 21 SCRA 774 (1968)

3. By the people thru initiative (See R.A. 6735 August 4, 1989)

Requisites:a. People themselves must

directly proposethe amendmentsb. Petition of at least 12% of the totalnumber of registered voterc. 12% must be represented by at least 3%of the registered voter of every legislative

district.

Note the following cases:

Santiago vs. Comelec, G.R. 127325, March 19, 1997Lambino v. Comelec, G.R. No. 174153, October 25, 2006

Latest ruling in Lambino v. Comelec G.R. No. 174153November 21, 2006 where the Supreme Court catyegoricallyresolved thatthe framers of the constitution intended to limitpeoples intiiative to propose only amendments and not

revisions.

Limitiations on the exercise of amendments throughintiative:

a. It cannot be exercised more than once every 5 yearsfrom the time the provision or the intiative takes effect

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b. Must not be inconsisitent with the principles ofjuscogens;

B. Submission

Doctrine of Proper Submission states that the plebiscite mustbe held not earlier than 60 days nor later than 90 days after theapproval of the proposal by congress or the constitutionalconvention or after the certification by the COMELEC of thesufficiency of the petition in case of peoples initiative. (Tolentinovs. Comelec, 41 SCRA 702 (1971)

Plebiscite may be held on the same day as regular elections(Occena vs. COMELEC 104 SCRA 1)

C.

Ratification - Article XVII, Section 4, Paragraphs 1 & 2 MAJORITYofthe votes cast in a plebiscite.

The position of the Constitutional Convention in our systemof government

There are three (3) theories on the position of Constitutional Conventionvis--vis regular department of government.

a. Theory of Conventional Sovereignty

b. Convention is inferior to other departmentsc. Independent and co-equal to the other departments

In Mabanag vs. Lopez Vito 78 Phil 1 the consitutuonal convention isindependent of and co-equal to the other departments of government.

JUDICIAL REVIEW OF AMENDMENTS Amendments are subject tojudicial review because invariably, the issue will boil down to whether ornot the constitutional provision on amendments and/or revisions hadbeen followed. (Sanidad v. COMELEC 78 SCRA 333)

III. THE POWER OF JUDICIAL REVIEW

Doctrine of Constitutional Supremacy

If a law violates any norm of the constitution, that law is null andvoid; it has no effect. The Constitutional supremacy produced thepower of judicial review

The power of judicial review of the courts is the power to test the

validity of executive and legislative acts in light of their conformity withthe constitution. [Angara vs. Electoral Commission 63 Phil. 139] Theexercise of this power is not an assertion of the superiority of the courtsover the other departments or branches of government but merely

anexpression of the supremacy of the constitution. The duty remains toassure that the supremacy of the constitution is upheld. [Aquino vs.Enrile 59 SCRA 183]

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The power is inherent in the Judicial Department by virtue of theseparation of powers. Such power vested in the courts is expresslyprovided in Article VIII Section 1 of the Constitution which definedJudicial Power and the explicit grant under Sections 4 (2) and 5 (2).

Such power of judicial review is not limited to the Supreme Courtbut includes the Regional Trial Courts by virtue of the express provisionsof BP 129 granting RTCs the authority to rule on the conformity of thelaws and treaties with the constitution

Functions of Judicial Review

i. Checkingii. Legitimatingiii. Symbolic Function to educate the bench and the bar

Requisites of Judicial Review

a.

Actual Case or Controversy Ripeness Doctrine -there must be a conflict of legal rights which can be resolvedon the basis of the law and jurisprudence. The controversymust be definite and concrete bearing upon the legal relationsof the parties and must extant at all stages of the proceedingsand not only at the time of the filing of the complaint. Theissues raised must be ripe for judicial determination

The issues raised must not be moot and academic or one thatceases to have a justiciable controversy by virtue ofsupervening events so that the declaration thereon wouldhave no practical use or value.

Exception- Even if it is moot and academic the court may stillexercise the power of judicial review as held in David vs.Macapagal Arroyo (May 3, 2006), Lacson vs. Perez (May 10,2001) and Sanlakas vs. Executive Secretary (February 3,2004)

(1) if there is

grave violation of the constitution(2) there is an exceptional character in the situation andparamount public interest is involved(3) the constitutional issue raised require formulation ofcontrolling principles to guide the bench, the bar and thepublic(4) the case is capable of repetition yet evasive of review.

A request for advisory opinion is not an actual case orcontroversy but an action for declaratory relief is proper forjudicial determination. (PACU vs. Secretary of Education 91

Phil 806)

b)

the constitutional question must be raised by a proper party

A proper party is one who has sustained or in imminent danger ofsustaining an injury as a result of the acts complained of. To be a properparty, one must have a legal standing or Locus standi

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To determine legal standing, the Court in People vs. Vera (65 Phil56 ) adopted the DIRECT INJURY TEST, which states that a person whoimpugns the validity of the statute must have personal and substantialinterest in the case such that he has sustained or will sustain direct

injury as a result.

In IBP vs. Zamora (August 15, 2000) the Supreme Court clarifiedthat the term interest means material interest, an interest in issueaffected by the challenged official act, as distinguished from mereinterest in question involved or a mere incidental interest.

However in recent decisions, the Supreme Court has adopted amore liberal stance and recognized the legal standing of petitioners whoinvoked a PUBLICRIGHT allegedly breached by a governmental act.

Exception In the case of David vs. Macapagal Arroyo, theSupreme Court summarized its earlier rulings and declared thepetitioners may be given standing provided the following requirementsare present:

1. The case involves constitutional issues2. For tax payers, there must be a claim for of illegaldisbursement of public funds or that the tax measure isunconstitutional3. For voters, there must be a showing of the obvious interestin the validity of the election law in question

4. For concerned citizens, there must be showing that theissues raised is of transcendental importance which must besettled early5. For legislators, there must be a claim that the official actioncomplained of infringes their prerogatives as legislator

In People vs. Vera, 65 Phil 56 the Supreme Court declared that thegovernment is also a proper party to question its own laws becausemore than anyone else, it should be concerned with the constitutionalityof its acts.

The established rule is that a party can question the validity of astatue only if, as applied to him, it is unconstitutional.

The exception is the concept of

Facial Challenge which islimited in its operation in the area of freedom of expression.

In his concurring opinion in the case of Cruz Vs. DENR December6, 2000, Justice Mendoza declared that in such a situation theOVERBREADTH DOCTRINE permits a party to challenge the validity ofthe statue even though if applied to him, it is not unconstitutional, but itmight be if applied to others not before the court whose activity are

constitutionally protected. Invalidation of the statute ON ITS FACErather that AS APPLIED is allowed in the interest of preventing achilling effect on the freedom of expression.

Void for Vagueness Rule Related to the over breadth doctrine, itholds that law is facially invalid if men of common intelligence mustnecessarily guess at its meaning and differ as to its application.

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c. The constitutional question must be raised at the earliestopportunity Matibag vs. Benipayo April 2, 2002

d. Necessity of deciding the constitutional question/ the decisionin the constitutional question must be determinative of the caseitself.Because of the doctrine of separation of powers, the courts willrefrain from deciding the constitutional issues if there are some otherbasis that can be used in arriving at the decision. The constitutionalissue to be resolved must be the lis mota of the cases because the claimon the case cannot be resolved without resolving the issue onconstitutionality,

Effects of Declaration of Unconstitutionality (Art. 7 CivilCode)

Orthodox

View An unconstitutional act is not a law; it confers norights; it imposes no duties; it affords no protection; it is inoperative.

Modern View Certain legal effects of the statute prior to itsdeclaration of unconstitutionality may be recognized (Pelaez vsAuditor General, 15 SCRA 569)

Requisites: Partial Unconstitutionality

A. Legislature is willing to retain the valid portion asshown by the separability clause.

B. The valid portion stands independently as a law.

IV.. THE PHILIPPINES AS A SOVEREIGN STATE

A.

State A community of persons, more or less numerous,permanently occupying a definite portion or territory, independent of

external control, and possessing a government to which a great body oninhabitants render habitual obedience (Collector of Internal Revenue v.Campos Rueda, 42 SCRA 23 (1971).

B. Elements:

People

As inhabitants [Sec. 2 Art. 3, Sec. 1 Art. 13]

As Citizens [Preamble, Secs. 1 & 4 Art. 2, Sec. 7 Art. 3]

As Electors [Sec. 4 Art. 7]

Territory

The Archipelagic Doctrine

It is the principle whereby the body of water studded withislands, or the islands surrounded with water, is viewed as a

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unity of islands and waters together forming one integratedunit. For this purpose, it requires that baselines be drawn byconnecting the appropriate points of the outermost islands toencircle the islands within the archipelago. We consider all thewaters enclosed by the straight baselines as internal water.

A. Elements of Archipelagic Doctrine

1. Definition of internal waters2. The straight line method of delineating the territorialsea.

Straight Baseline Method drawn connecting selected pointson the coast without departing to any appreciable extent from

the general direction of the coast. RA 3046 and RA 5446 havedrawn straight baselines around the Philippines.

Article 1- 1987 Constitution

It includes:1. The Philippine archipelago;2. All other territories over which the Philippines hassovereignty or jurisdiction;3. The territorial sea, seabed, subsoil, insular shelves and other

submarine areas, including, fluvial and aerial domains.

Territories Covered under the Definition of Article I 1987Constitution

1. Those included in the Treaty Limits

Treaty of Paris (1898)

Treaty between Spain and U.S. concluded atWashington, D.C. on Nov. 7, 1900 which was not definedin the Treaty of Paris, specifically the islands of Cagayan,

Sulu and Sibuto. U.S. and Great Britain on January 2, 1930 specificallythe Turtle and Mangsee islands.

2. The island of Batanes, which was covered under a generalstatement in the 1935 Constitution.

3. Those contemplated in the phrase belonging to thePhilippines by historic right or legal title in the 1973Constitution.

4. All other territories which the Philippines has sovereigntyand jurisdiction. This includes any territory whichpresently belongs or might in the future belong to thePhilippines through any of the internationally modes ofacquiring territory.

U.N Convention on the Law of the Sea, April 30, 1982

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Provides for a) contiguous zone of 12 Miles [12 Mile Rule] and b)Two Hundred-Mile Exclusive Economic Zone

Concept of archipelagic waters, territorial sea and internal

waters.

Archipelagic waters refer to areas enclosed as internal watersby using the baseline method which had not been previouslyconsidered as internal waters. (See Article 53 of UNCLOS)

Territorial sea is an adjacent belt of sea with a breadth of 12nautical miles measured from the baselines of a state and overwhich the state has sovereignty. (Articles 2, 3 of UNCLOS)

Internal waters refer to all waters, landwards from the baseline

of the territory.

Concept of contiguous zone vs. exclusive economic zone

Contiguous Zone is a zone contiguous to the territorial sea andextends up to twelve nautical miles from the territorial sea andover which the coastal state may exercise control necessary toprevent infringement of its customs, fiscal, immigration of sanitarylaws and regulations within its territory or territorial sea. (UNCLOS)

The Exclusive Economic Zone extends 200 nautical miles fromthe baseline. The EEZ is recognized in the UN Convention of theLaw of the Sea. Although it is not part of the national territory,exclusive economic benefit is reserved for the country within thezone. By virtue of Presidential Decree No. 1599, the Philippinedeclared that it has sovereign rights to explore, exploit, conserveand manage the natural resources of the seabed, subsoil, andsuperjacent waters. Other states are prohibited from using thezone except for navigation and overflight, laying of submarinecables and pipeline, and other lawful uses related to navigationand communication.

Government

US vs. Dorr 2 Phils. 332 - The agency or instrumentality throughwhich the will of the state is formulated, expressed and realized.

Functions of Government:

Constituent(governmental or mandatory) involves the exerciseof sovereignty and therefore compulsory, i.e. Bureau of Customs

Ministrant (proprietary or optional) merely connotes theexercise of proprietary functions and thus considered as optional,i.e. GOCCs

Doctrine of Parens Patriae - Literally parent of the people, thegovernment must act as the guardian of the rights of the people

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who may be disadvantaged or sufferings from disability or somemisfortune.

Classification of Government:

De Jure vs. De Facto

Presidential vs. Parliamentary

Sovereignty the supreme and uncontrollable power of the state tocommand obedience.

Effects of change of sovereignty or belligerent occupation

Political laws are deemed abrogated, however municipal lawsremains in effect. [Macariola vs. Asuncion 114 SCRA 77]

Doctrine of State Immunity from Suit (Art XVI, Sec. 3) TheState cannot be sued without its consent.

In Republic v. Villasor, 54 SCRA 83 (1973) Also known as theRoyal Prerogative of Dishonesty, states that there can be nolegal right against the authority which makes the law on which theright depends.

When a suit considered as against the State?

Begoso v. Chairman, Philippines Veterans Adm.., 32 SCRA466 (1970)Del Mar v. Philippines Veterans Adm., 51 SCRA 340 (1973)Republic v. Feliciano, 148 SCRA 424 (1987)Sanders vs. Veridiano 162 SCRA 88

The test if a suit is against the state is whether or not theenforcement of the decision, rendered against the officeror agency impleaded requires an affirmative act from the

state, such as an appropriation of an amount to satisfyjudgment.

When can the state be sued?

When the state gives its consent express or impliedRepublic v. Feliciano, 148 SCRA424 (1987)

Express consent

In Republic v. Purisima, 78 SCRA 470 (1977), the express

consent must come from the state acting through a

dulyenacted statute. A mere counsel of the government cannotvalidly waive the immunity from suit.

1. Money claims arising from contracts

o Sayson v. Singson, 54 SCRA 282

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o Act No. 3083 which declares that the Government ofthe Philippine Islands consents and submits to be suedupon any money claims involving liability arising fromcontracts express or implied.

o This must be correlated with Commonwealth ActNo. 327 as amended by PD 1445 which provides thata claim against the government must first be filed withthe Commission on Audit which must act upon it within60 days. Rejection or inaction on the claim will authorizethe claimant to effect the suit against the state with itsconsent.

2. Special Laws

Quasi delicts committed by special agents under Art.2180 of the Civil Code; Meritt v. Government of thePhilippines Islands, 34 Phil. 311 (Government Liabilityfor quasi delict if committed by special agents)

Local Government Units can be sued as enunciatedunder Section 22 of the Local Government Code.

3. Incorporated/Unincorporated Government Owned orControlled Corporations

Incorporated if the charter provides that the agency can sueand be sued, and then suit will lie, including one for tort. Theprovision in the charter constitutes express consent on the partof the state to be sued (PNB vs. CIR, 81 SCRA 314).

Unincorporated inquire into the principal functions of theagency.

If governmental function NO suit without consent.NOTE: Even in the exercise of proprietary functionsINCIDENTAL to its primary governmental functions, stillcannot be sued without its consent.

If proprietary function suit will lie because when the stateengages in such principal functions, it descends to the levelof a private individual, and may therefore be vulnerable tosuit.

Implied Consent

1. When the government enters into business contracts

United States of American v. Ruiz, 136 SCRA 487 (1985)Malong v. PNR, 138 SCRA 63 (1985)

Restrictive application of state immunity

The restrictive application of state immunity is proper onlywhen the proceedings arise out commercial transactions of

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the foreign sovereign, its commercial activities or economicaffairs. Stated differently, a state may be said to havedescended to the level of an individual and thus can bedeemed to have tacitly given its consent to be sued when itenters into business contracts. It does not apply where the

contract relates to the exercise of its sovereign functions.

Correlate with Philippine Setting if sovereignfunction and not proprietary then you go back toexpress consent on contracts or money claims invokeAct No. 3083 correlated C.A. No. 327 as mended by PD1445.

1. When it would be inequitable for the government to claimimmunity

Santiago v. Republic, 87 SCRA 294 (1978)Commissioner of Public Highways v. Burgos, 96 SCRA 831(1980)

Suability vs. Liability

Immunity extends to foreign states (Minucher vs. Court ofAppeals G.R. No. 142396 February 11, 2003)

V. FUNDAMENTAL POWERS OF THE STATE

POLICE POWER POWER OFEMINENT DOMAIN

POWER OFTAXATION

Similarities 1. Inherent in thestate and is exercised even without need of expressconstitutional grant;

2. Necessary andindispensible;

3. Methods by

which States interferes with private property;

4. Presupposesequivalent compensation;

5. Exercisedprimarily by the legislature;

Distinctions Regulates bothliberty and property

Affects only property rights

Limitations Generally the Bill of Rights although in some cases the exerciseof the power prevails over specific constitutional guarantees.

Key wordsPublic Welfare or Expropriation upon To raise revenue

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General Welfare ofthe Public

payment of justcompensation

POLICE POWER

The power of promoting public welfare by restraining andregulatingthe use of liberty and property.

The most pervasive, the least limitable and the mostdemanding of all the three inherent powers of the state.

In Tiu vs. Videogram Regulatory Board 151 SCRA 208and Osmena vs. Orbos 220 SCRA 703, the SC Ruled that the taxingpower may be used as an implement of police power.

In Association of Small Landowners vs. Sec. of AgrarianReform 175 SCRA 343 the SC ruled that eminent domain may be usedas an implement of police power.

In Ortigas & Co. vs. CA December 4, 2000, the SC ruled that a lawenacted in the exercise of police power to regulate and govern certainactivities and transactions may be given retroactive effect and mayreasonably impair vested rights or contracts. Non-impairment ofcontracts or vested rights clauses will have to yield to the superior andlegitimate exercise by the state of police power,

WHO MAY EXERCISE POLICE POWER?

The power is inherently vested in the legislature. HOWEVER, congressmay validly delegate this power to the president, to administrativebodies and to lawmaking bodies of the local government units.

Local government units exercise the power under the general welfareclause provided in Section 16 RA 7160.

WHAT ARE THE TESTS TO DETERMINE THE VALIDITY OF THEDELEGATION?

Completeness Test the law must be complete in allits essential terms and conditions when it leaves the legislature sothat therell be nothing left for the delegate to do when it reacheshim except to enforce it.

Sufficiency Standards Test a sufficient standard isintended to map out the boundaries of the delegates authority bydefining the legislative policy and indicating the circumstances underwhich it is to be pursued and effected.

If the power is exercised by a delegate, the following additionallimitations will apply:

Express Grant by law;

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If exercised by local government units, the power mustbe exercised within the territorial limits except when exercise toprotect water supply;

Must not be contrary to law. [An activity prohibited by

law cannot in the guise of regulation be allowed; conversely, anactivity allowed by law may be regulated but not prohibited.]

In Magtajas vs. Pryce Properties July 20, 1994, The SC declared thefollowing requirements for Municipal Ordinances to be valid:

A. must not contravene the constitution or any statue;B. must not be unfair or oppressiveC. must not be partial or discriminatory;D. must not prohibit but regulate trade;E. must not be unreasonable; and

F. Must be general in application and consistent with publicpolicy

WHAT ARE THE TESTS TO DETERMINE VALIDTY OF THE EXERCISE OFPOLICE POWER?

1. Lawful Subject- the interest of the public in general as distinguishedfrom a particular class, which means that the activity sought to beregulated, affects the general welfare of the public. If it does then theenjoyment of the rights flowing therefrom must necessarily yield to theinterest of the greater number.

2. Lawful Means the means employed are reasonably necessary in theaccomplishment of the purpose and not unduly oppressive on theindividual.(Lucena Grand Central Terminal vs. JAC Liner February 23, 2005)

POWER OF EMMINENT DOMAIN -Also known as the power ofexpropriation.

As distinguished from police power, eminent domain condemns private

property to public use upon payment of just compensation.

While both are exercised for the general welfare of the public, eminentdomain as an implement of police power is normally used where theproperty is noxious or detrimental to the public and therefore notcompensable, whereas, if the state is exercising eminent domain on itsown, then the payment of just compensation is required.

Requisites for the exercise::

a. Private Property

All private property capable of ownership may be expropriatedexcept money or choses of action. Even services may be thesubject of eminent domain; [Republic vs. PLDT 26 SCRA 620]

b. Takingin its constitutional sense

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Not necessarily actual taking, it may include trespass withoutactual eviction or material impairment of the value of theproperty.

In People vs. Fajardo 104 Phil 44 a municipal ordinance

prohibiting a building which would impair the view of the plazafrom the highway was considered taking and made compensableby the court.

In Republic vs. Castelvi 58 SCRA 336, the SC enumerated thefollowing requisites for taking to be compensable:

1. The expropriator must enter a private property2. The entry must be for more than a momentary period3. Entry must be under warrant or color of authority;4. Property must be utilized for public use;

5. Utilization of the property must be in such a way as todeprive the owner of its beneficial use or enjoyment ofthe property;

c. Public Use

The SC has abandoned the strict interpretation of public useand has adopted a more flexible and liberal stance.

Public use has now been held synonymous to public interest,public benefit, public welfare or public convenience.

d. Payment Just Compensation

Concept the full and fair equivalent of the property taken,it is the fair market value of the property. Fair market valuehas been held to be the sum of money which a persondesirous but not compelled to buy and the owner, willing butnot compelled to sell, would agree on the price to be givenand received therefor.

This is modified if only of a portion or a part of the property

is expropriated. The rule in National Power Corporation vs.Spouses Chiong June 20 2003 governs, to wit:

JC = FMV + Consequential Damages on the remainingproperty

Less

Consequential Benefits if any but in no case shall theCB exceed the CD.

The fixing of the amount of Just Compensation is a judicialfunction/Prerogative.

Where the sole issue to be resolved by the courts is theamount of just compensation, the Sc held that trial before acommissioner is indispensible, in order to afford the partyample opportunity to be heard. Trial by commissioner in such

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cases is a substantial right which cannot be dispensed withcapriciously or for no reason at all. Manila Elec. Co. vs. Pineda206 SCRA 196

However, please note that in National Power Corporation vs.

DelaCruz February 2, 2007 the SC ruled that although trial bycommissioner is indispensable as a substantial right, the court is notbound by the commissioners findings. The court may substitute its ownestimate of the value of the just compensation on the followinginstances:

i. The commissioners have applied illegalprinciples to the evidence submitted to them ;

ii. They hay disregarded a clear preponderance ofevidence;

iii. Where the amount is grossly inadequate or

excessive

The foregoing rules notwithstanding , please note that under Sec.58 of R.A. 6657, trial by commissioner is discretionary on agrarianreform cases, therefore the modality under the rules of court formandatory commissioners is not compulsory in agrarian cases.

Form of compensation? Compensation must be paid in money and notother. HOWEVER in SMALL LANDOWNERS VS. SEC. OF AGRARIANREFORM 175 SCRA 343, IT WAS HELD THAT AGRARIAN REFORMPAYMENTS MAY BE MADE IN BONDS, because under the CARP,

we do not deal with ordinary exercise of the power of eminentdomain but a revolutionary kind of expropriation.

WHEN IS THE RECKONING POINT FOR THE PAYMENT OF JUSTCOMPENSAITON?

As a general rule

just compensation is reckoned as of the date of thefiling of complaint for expropriation, BUT where the filing of thecomplaint occurs after the actual taking of the property and the ownerwould be given undue incremental advantages arising from the use ofthem to which the government devotes the property expropriated, just

compensation is determined as of the date of the taking. Republic vs.Castelvi 58 SCRA 336

NOTE that payment of just compensation is not limited to the owner ofthe property but includes all those who have legal or lawful interest inthe property including mortgagee, lessee and a vendee in possession ofan executory contract.

NOTE FURTHER that in an earlier ruling in Reyes vs. NHA January20, 2003, the SC declared that as a rule, non-payment of justcompensation of expropriated property does not entitle the private

landowners to recover possession of the expropriated lots but only todemand payment of just compensation over the property.

HOWEVER, in Republic vs. Vicente Lim , June 29, 2005 where thegovernment failed to pay the value of the just compensation for morethan 57 years, the SC ruled that where the government fails to payjust compensation

within five (5) years from finality of

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judgments in the expropriation proceedings,

the ownersconcerned shall have the right to recover possession of the

property .

CORRELATE with RA 7279 (Urban Development and Housing Act

of 1992) and the case of City of Mandaluyong vs. Francisco,January 29, 2001, where the SC declared that under RA 7279 landsfor socialized housing are to be acquired in the following order:

1. Government lands;2. Alienable lands of public domain;3. Unregistered, abandoned or idle lands;4. Lands within the declared areas of priority development;5. BLISS sites which have not yet been acquired;6. Privately owned lands

The mode of acquisition is subject to two (2) conditions:

1. It shall be resorted only when the other modes of acquisitionhave been exhausted;

2. Parcels owned by small property owners are exempt fromsuch acquisition.

SMALL PROPERTY OWNERS are owners of residential lots with an

area not exceeding 300 square meters in highly urbanized cities and notmore 800 square meters in other urban areas; and (2) they do not ownresidential property other than the same.

POWER OF TAXATION

Primarily exercised by the legislature, also local legislative bodies {Sec.5 Art. X} and to a limited extent, by the

President when granted delegatedtariff powers {Sec. 28 (2) Art. VI}

LIMITATIONS:

1. Due process of law - tax should not be confiscatory;2. Equal protection clause - Taxes should be uniform and equitable

[Sec. 28 (1) Art. VI;]3. Public Purposes

Is DOUBLE TAXATION allowed?

While there is no specific prohibition under the constitution,double taxation will not be allowed if the same will result in a violation of

the equal protection clause

Specific constitutional provisions on tax exemptions?

1. Sec. 28 (4) Art. VI, No law granting

tax exemption shall be passedwithout the concurrence of the majority of all members of congress;

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2. Sec. 4 (3) Art. XIV All revenues and assets of non-stocks, non-profiteducational institutions, actually, directly and exclusively used foreducational purposes shall be exempt from taxes and duties. X xproprietary educational intuitions, including those cooperatively owned,may likewise be extent for taxation as may provided for by law;

3. Sec. 4 (4) Art. XIV subject to the condition prescribed by law, allgrants and endowments, donations or contributions actually,directly and exclusively for educational purposes shall be exempt fromtax.

VI. GENERAL PROVISIONS/CONSIDERATIONS

PREAMBLE Does not confer rights nor create or impose duties;Preamble is a source of light. It is not a source of rightsor obligations. (Jacobson v. Massachusets, 197 U.S. 11, 22

(1905).

It indicates authorship; enumerate primary aims andaspirations of the framers and serves as an aid in theconstruction of the constitution

Functions of Preamble

1. It sets down the origin, scope and purpose of theconstitution.2. It enumerates the primary aims and expresses the

aspirations of the framers in drafting the Constitution.3. Useful as an aid in the construction and interpretation of thetext of the Constitution.

FLAG - Article XVI Section 1 red, white and blue with a sun andthree stars

NAME - Article XVI Section 2 - CONGRESS may adopt a newname, national anthem or a national seal which shall takeeffect upon the ratification of the people in a national

referendum.

AFP - Article XVI Section 5 Tour of duty of Chief of Staff shallnot exceed 3 years however in times of war and nationalemergency declared by congress, the president may extendsuch tour of duty.

NATIONAL POLICE FORCE

MASS MEDIA

VII. DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

Sovereignty of the People and Republicanism

Art II, Sec. 1

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Principles ofRenovation/Revocation

Art V - Suffrage

Manifestations:

1. Rule of Majority [Plurality in elections]2. Accountability of Public Officials3. Bill of Rights4. Legislature cannot pass irrepealable laws5. Separation of Powers

Adherence to International Law Correlate with:1. Preamble2. Art. II, sec. 2 (Incorporation Clause)3. Id., sec. 7-8 (Independent foreign policy and Nuclear

Free Philippines)

4. Art XVIII, sec. 4 and 25

a. Doctrine of Incorporation our courts have applied the rules ofinternational law in a number of cases even if such rules had notpreviously been subject of statutory enactments, because thesegenerally accepted principles of international law areautomatically part of our own laws.

b. Doctrine of Auto-limitation

Both doctrines dictates that the rules of international law are given

equal standing with and are not superior to the national

legislative enactment thus the principles of lex posteriorderogate prioris applicable.

Where it conflicts with the constitution,it may be invalidated. (Sec. of Justice vs. Lantion G.R. No.111088 June 13, 1997)

In case of conflict between international law and municipallaw efforts must be made to reconcile conflicting provisionshowever if the conflict is irrenciliable the Philippine law mustme upheld because police power cannot be bargained awayby a medium of a treaty.

Supremacy of Civilian Authority Correlate with:

1. Art II, sec. 3 (Civilian Supremacy)2. Art. VII, sec. 18 (Commander-in-chief Clause)3. Art. XVII, sec. 5(4)4. Art. XVI, sec. 5(1) (AFP provisions)

NOTE:

The AFP is the protector of the people and of the state(Art. II Section 3), this refers to internal and externalaggression. The PNP is not covered by the same mandate(Manalo vs. Sistoza G.R. No. 107369 /August 11, 1999)

Government as Protector of the People and People as Defenders ofthe State

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Art. II, sec. 4Id. Sec. 5

Separation of Church in State Correlate with:

1. Art II sec. 62. Art. III, sec. 5 (Freedom of Religion Clause)

Two (2) aspects:

i. Freedom to Believe (Absolute)ii. Freedom to Externalize that belief

(subject to the police power of the state)

3. Art. IX, C, sec. 2(5) [Religious sect cannot beregistered as a political party)

4. Art. VI, sec. 5(2) [No sectoral representative fromreligious sector]

5. Art. VI Sec. 29 (2) [Prohibition against appropriationfor sectarian benefit]

Exceptions:a. Art VI, sec. 28(3) Churches, parsonages etc.

actually,

directly and exclusively used forreligious purposes shall be exempt from

taxation

b. Art. VI Sec. 29(2) Prohibition againstappropriation for sectarian benefit exceptsalaries of priest assigned to AFOP, penalinstitution, government orphanages, andleprosarium.

c. Art XIV, sec. 3(3) Optional religiousinstructions for public elementary and highschool students

d. Art. XIV Sec. 4(2) Filipino ownershiprequirements for educational institutions

exceptthose established by religious groups andmission boards.

POLICIES

Independent foreign policy and a nuclear free Philippines

Art. II secs. 7-8Art. XVIII, secs. 4 and 25

A just and dynamic social order

PreambleArt. II, sec. 9

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The Promotion of Social Justice .

RememberCalalang vs. Williams 70 Phil 726

Art. II sec. 10

Art. XIII, secs.1-2Art.II,sec.26Art. VII, sec. 13, par.2

Respect for human dignity and human rights

Art.II, sec. 11Art. XIII, secs 17-19

Scope of Human Rights:

Those that relates to an individuals social, economic,cultural, political and civil relations along with what is consideredto be his inherent and inalienable rights encompassing almost allaspects of life.

Fundamental equality of women and menArt. II sec. 14Art. XIII, sec. 14

Note the case ofPhilippine Telegraph and Tel. Co. vs. NLRCMay 23, 1997.

Prohibition on discriminatory policies in the

workplace.

Promotion of Health & Ecology

Art. II, secs. 15-16Art. XIV, sec. 2

Note the case of Oposa vs. Factoran 224 SCRA 792

Concept of Writ of Kalikasan

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES [2010]

RULE 7WRIT OF KALIKASAN

Section 1.Nature of the writ. - The writ is a remedy available to anatural or juridical person, entity authorized by law, peoplesorganization, non-governmental organization, or any publicinterest group accredited by or registered with any governmentagency, on behalf of persons whose constitutional right to abalanced and healthful ecology is violated, or threatened withviolation by an unlawful act or omission of a public official oremployee, or private individual or entity, involving environmentaldamage of such magnitude as to prejudice the life, health orproperty of inhabitants in two or more cities or provinces.

Urban land reform and Housing

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Art. XIII, secs. 9-10

Reforms in agriculture and other natural resources

Art. II, sec. 21

Art. XIII, secs. 4-8

Protection of LaborArt. II sec. 18Art. XIII,sec. 3

The right of government workers to form unionsArt. III, sec.8Art. IX, B, sec. 2(5)

Independent Peoples organizationArt. II, sec. 23Art. XIII, secs.15-16

The Family as a Basic Autonomous SOCIAL InstitutionArt. II, sec. 12Art. XV (The Family)Art. II, sec. 13Family Code on marriage as a social institution

A self-reliant and independent economic orderArt.II,sec. 19Id. Sec. 20Art. XII, Sec. 6 (National Economy and Patrimony)

Communication and Information in National-buildingArt. II,sec. 24Art. XVI,sec. 10-11Art. XVIII, sec. 23

Autonomy of local government

Art. II, sec. 25Art. X(Local Governments)

Recognition of the rights of indigenous cultural communitiesArt. II, sec. 22Art. VI, sec. 5(2)Art. XII, sec,. 5Art. XIII, sec. 6Art. XIV, sec. 17Art. XVI, sec. 12

Honest Public Service and Full Public DisclosureArt. II, sec. 27Art. XI, secs.1, 4, 5-6Art. II,sec. 28Art.XI,sec. 17Art. VII, sec. 12Art. VII, sec. 20

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Art. XII, sec. 21Art. XII, sec. 2, par.5Art. VI,secs.12 and 20Art. IX, D,sec. 4Art. III,sec. 7

Concept of Public Office is a right, authority, or duty created andconferred by law, by which for a given period either fixed by law orenduring at the pleasure of the creating power, an individual is investedwith some sovereign power of government exercised by him for the benefitof the public.

Public Office is a Public Trust means that as a representativegovernment, the officers being mere agents and not rulers of the people,

where every officer accepts office pursuant to the provision of the law,holds the office as a trust of the people he represents. (Corenejo vs.Gabriel 41 Phil 188)

Impeachment the purpose of which is to remove an impeachable officerand disqualify him to hold office.

Impeachable Officers: (list is exclusive)

a) Presidentb) Vice-President

c) Chief Justice and Associate Justice of the Supreme Courtd) Chairman and members of the constitutional commissionse) Ombudsman

Grounds for Impeachment:

a) Culpable violation of the constitutionb) Treason, Bribery and Graft and Corruptionc) Other High crimes, andd) Betrayal of Public Trust

i. Added in the 1987 Constitution which means any form of

violation of the oath of office even if such violation may notbe criminally punishable.

Procedures

o INITIATION

Mode of Initiating Impeachment. - Impeachment shall be initiated bythe filing and subsequent referral to the Committee on Justice of:

(a) A verified complaint for impeachment filed by any Member of

the House of Representatives; or

(b) A verified complaint filed by any citizen upon a resolution ofendorsement by any Member thereof; or

(c) A verified complaint or resolution of impeachment filed by atleast one-third (1/3) of all Members of the House.

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o COMMITTEE PROCEEDINGS

Determination of Sufficiency in Form and Substance. - Upon duereferral, the Committee on Justice shall determine whether thecomplaint is sufficient in from and substance. If the committee finds that

the complaint is insufficient in form, it shall return the same to theSecretary General within three (3) session days with a writtenexplanation of the insufficiency. The Secretary General shall return thesame to the complainant(s) together with the committee's writtenexplanation within three (3) session days from receipt of the committeeresolution finding the complaint insufficient in form.

Should the committee find the complaint sufficient in form, it shall thendetermine if the complaint is sufficient in substance. The requirement ofsubstance is met if there is a recital of facts constituting the offensecharged and determinative of the jurisdiction of the committee. If the

committee finds that the complaint is not sufficient in substance, it shalldismiss the complaint and shall submit its report as provided hereunder.

o HOUSE ACTION

Vote Required for Approval. - A vote of at least one-third (1/3) of allMembers of the House is necessary for the approval of the resolutionsetting forth the Articles of Impeachment. If the resolution is approvedby the required vote, it shall then be endorsed to the Senate for its trial.

On the other hand, should the resolution fail to secure the approval bythe required vote, the same shall result in the dismissal of the complaintfor impeachment.

o VERIFIED COMPLAINT/RESOLUTION BY ONE-THIRD OF MEMBERS

Endorsement of the Complaint/Resolution to the Senate. - Averified complaint/resolution of impeachment filed by at least one-third(1/3) of all the Members of the House shall constitute the Articles ofImpeachment, and in this case the verified complaint/resolution shall be

endorsed to the Senate in the same manner as an approved bill of theHouse.

The complaint/resolution must, at the time of filing, be verified andsworn to before the Secretary General by each of the Membersconstituting at least one-third (1/3) of all Members of the House.

o TRIAL

The Senate shall have the sole power to try and decide all cases ofimpeachment.

When the President of the Philippines is on trial, the Chief Justice of theSupreme Court shall preside but shall not vote.

A decision of conviction must be concurred in by a t least 2/3 of all themembers of the Senate.

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o PENALTY

The penalty to be imposed shall not be more than removal from officeand disqualification to hold any other office.

The penalty is beyond the reach of the Presidents power of executiveclemency. The party convicted may be held liable and subject topersecution

VIII. CITIZENSHIP

Jus sanguinis vs. Jus Soli

The term "citizens of the Philippine Islands" appeared for the first time inthe Philippine Bill of 1902, also commonly referred to as the PhilippineOrganic Act of 1902, the first comprehensive legislation of the Congress of

the United States on the Philippines -

Under theJones Law, a native-born inhabitant of the Philippines wasdeemed to be a citizen of the Philippines as of 11 April 1899 if he was1) a subject of Spain on 11 April 1899, 2) residing in the Philippineson said date, and, 3) since that date, not a citizen of some othercountry.

While there was, at one brief time, divergent views on whether or not jus soliwas a mode of acquiring citizenship, the 1935 Constitution brought to anend to any such link with common law, by adopting, once and for all, jus

sanguinis or blood relationship as being the basis of Filipino citizenship -

"Section 1, Article III, 1935 Constitution. The following are citizens of the

x x

"(3) Those whose fathers are citizens of the Philippines.

x x

Subsection (4), Article III, of the 1935 Constitution, taken together withexisting civil law provisions at the time, which provided that women wouldautomatically lose their Filipino citizenship and acquire that of their foreignhusbands, resulted in discriminatory situations that effectively incapacitatedthe women from transmitting their Filipino citizenship to their legitimatechildren and required illegitimate children of Filipino mothers to still electFilipino citizenship upon reaching the age of majority. Seeking to correct thisanomaly, as well as fully cognizant of the newly found status of Filipino womenas equals to men, the framers of the 1973 Constitution crafted the provisionsof the new Constitution on citizenship to reflect such concerns -

"Section 1, Article III, 1973 Constitution - The following are citizens of thePhilippines:

x x

"(2) Those whose fathers or mothers are citizens of the Philippines.

x x

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For good measure, Section 2 of the same article also further provided that

"A female citizen of the Philippines who marries an alien retains herPhilippine citizenship, unless by her act or omission she is deemed,under the law to have renounced her citizenship."

The 1987 Constitution generally adopted the provisions of the 1973Constitution, except for subsection (3) thereof that aimed to correctthe irregular situation generated by the questionable proviso in the1935 Constitution.

Section I, Article IV, 1987 Constitution now provides:

"The following are citizens of the Philippines:

"(1) Those who are citizens of the Philippines at the time of the

adoption of this Constitution.

"(2) Those whose fathers or mothers are citizens of thePhilippines.

"(3) Those born before January 17, 1973 of Filipino mothers, whoelect Philippine citizenship upon reaching the age of majority; and

"(4) Those who are naturalized in accordance with law."

1. Citizens at the time of adoption of the 1987 Constitution

a) Citizens under the 1935 Constitutioni. Philippine Bill of 1902 & Jones Lawii. The Caram Ruleiii. Those whose fathers were citizens

Republic v. Chule Lim, G.R. No. 153883,January 13, 2004

iv. Those who elected Philippine citizenship upon reachingmajority age

v. Those who were naturalized

b) Citizens under the 1973 Constitutioni. Those already citizensii. Those whose fathers and mothers are citizensiii. Those who electediv. Those who were naturalized

2. Those whose fathers & mothers are citizens3. Those who elect Philippine Citizenship4. Those who are naturalized in accordance with law.

Natural Born Citizens - Article IV, Section 2

1. Those whose father or mothers are Filipino citizens.2. Those who were born before Jan. 17, 1973 who elect Filipino

citizenship within a reasonable time upon reaching the age ofmajority.

3. Reacquisition of natural born citizenship by repatriation

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Naturalization

1. By Judicial Proceedinga) Com. Act No. 473 as amended by Republic Act. No. 530

(Revised Naturalization Law)

Requirements:

Age at least 21 years old at the date of the hearing of thepetition

Residence resided in the Philippines for at least 10 years.This can be

reduced to 5 years in the following cases:

1. He was born in the Philippines2. He is married to a Filipino woman. An alien women

who married a Filipino needs only to have her aliencertificate of registration cancelled in anadministrative proceedings upon proof of marriageand she does not possess any disqualification foundin CA 473

3. He has held office in government4. He made a useful invention or established an industry5. He served as a teacher in private school or public

school not limited to children of any nationality in anybranch of education or industry for a period of not lessthan 2 years.

Character possess good moral character, believes in theConstitution and he has conducted himself in anirreproachable manner during his stay in thePhilippines

Property- he owns real estate in the Philippines worth PhP5K or more or has a lucrative trade, profession or occupation

Education he must be able to speak and write Filipino or

English or a principal dialect and he must haveEnrolled his children in a school in the Philippineswhich teaches Philippine history, civics andgovernment

Disqualifications:

1. Being opposed to organized government2. Believing in violence as a means to espouse an idea3. Being a polygamist or believing in such4. Being convicted of a crime involving moral turpitude

5. Suffering from an incurable diseases or from mentalanguish

6. Not mingling socially with Filipinos, nor embracingFilipino culture, ideas and customs

7.Being a citizen of a country which the Philippines is at warduring the Time of such war;

8. No reciprocity.

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PROCEDURES FOR JUDICIAL NATURALIZATION

1. Declaration of intentions one year before the filing of theapplication, the applicant must declare his intention to become a

Filipino citizen by filing a declaration of intention with the OSG,stating all the addresses where he has stayed during his residencein the Philippines.

Exceptions: Dont need to file

Thos born in the Philippines and received their primary andsecondary education in Philippine schools

Those who have resided in the Philippines for more than 30years

The widow or children of the applicant who died before his

application is granted

2. Filing of the petition in the RTC where the applicant has residedfor at least a year, accompanied by the affidavit of two (2)credible persons who are citizens of the Philippines, whopersonally know the petitions as character witness.

3. Publication of the petition (jurisdictional) once a week for 3consecutive weeks.

4.Hearing on the petition

5. Promulgation of the decision it becomes final but not executoryuntil 30 days after the notice of the decisions are received by theparties.

A certificate of naturalization will be issued to the petitioner.

6. Summary hearing after 2 years . Certificate of Philippine

citizenship issued.

NOTE:

a. Naturalization laws are strictly construed infavor of the government and should be rigidly enforced.

b. Failure to state all the required details in thenotice of hearing, like the names of the applicantswitness constitute a fatal defect.

c. It is the applicants responsibility to prove thecredibility of his witnesses.

d. The principles of res judicata does not apply

Effects of the naturalization on the wife :

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Technically none. No automatic naturalization for her, shestill has to prove that she has all the qualifications and noneof the disqualifications set forth by law.

The effect if any is that she is now allowed to undergo

administrative proceedings to cancel her alien certificate ofregistration on the ground that her husband has beennaturalized.

Effects of Naturalization on the Children :

1. if the child is of age no effect

2. if the child is a minor and

Born in the Philippines, he automatically becomes a citizen

at the time of the naturalization of the father

Born abroad before naturalization and residing in thePhilippines any the time of naturalization automaticallybecomes citizen

Born abroad before naturalization and residing abroad at thetime of the naturalization, he is considered a Filipino onlyduring his minority unless he takes permanent residency inthe Philippines before reaching majority age

Born abroad after the naturalization of the father, he isconsidered as citizen on the condition that upon reachingthe age of majority he takes his oath of allegiance. If he failsto register his intent to continue within one year uponreaching the age of 21, he ceases to become a Filipinocitizen.

2. By Administrative Proceeding(R.A. No. 9138 Administrative Naturalization Law of 2001)

Under this law, aliens who were born in the Philippines and resided

in the Philippines since birth are qualified to apply for Philippinecitizenship via administrative proceedings. Same requirements.

3. By Direct Act of Congress

Loss of Citizenship - Article IV, Section 3

Grounds:

1 Naturalization in a foreign country (take note however of the dual

citizenship act)2. Express renunciation of Philippine citizenship3. Taking an oath of allegiance to another country upon reaching the

age of majority4. Accepting a commission in the armed forces of another country

except if that country has an offensive or defensive pact with thePhilippines

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5. Denaturalization6. Found guilty by final judgment to be deserter in the AFP

Reacquisition of Citizenship

RA 8171 an Act providing for repatriation of Filipino Woman who losther citizenship

by reason of marriage to aliens and of natural bornFilipinos. on account of political and economic necessity and to theminor children of natural born citizens

Tabasa vs. CA GR No. 125793 August 29, 2006

1. By naturalization2. By repatriation3. Direct act of congress

And note the

Citizenship Retention and Reacquisition Act (Dual Citizenship)R.A. No. 9225 (September 17, 2003)

Nicholas-Lewis v. Comelec, G.R. No. 162759, August 4, 2006

No provision in RA 9225 requiring duals to actually establishresidence and physically stay in the Philippines before they couldexercise the right to vote.

Concept of DERIVATIVE CITIZENSHIP the unmarried child,whether legitimate, illegitimate or adopted below 18 years of ageof those who reacquire Philippine citizenship shall be deemedcitizens of the Philippines. (Sec. 4 RA 9225)

J. Dual Allegiance - Article IV, Sections 4 & 5(See Sec. 40, R.A. 7160, Local Govt. Code)

IX. SEPARATION OF POWERS

Article VI Legislative Power shall be vested in the congress of the

Philippines which shall consist of the senate and a house ofrepresentative, except to the extent reserved to the people by theprovision of initiative and referendum.

Article VII Executive Power shall be vested in the President of thePhilippines

Article VIII Judicial Power shall be vested in one Supreme Court andin such lower courts as may be established by law.

Rationale:

1. To prevent concentration ofgovernmental authority in one person or a group of persons;2. And to secure action and forestallover action and obtain efficiency in government

Effects:

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Interdependence

Blending of Powers

Checks and balances

X. ARTICLE VI - LEGISLATIVE DEPARTMENT

General Considerations:

Legislative power is the power to propose, enact, amend and repeallaws, generally vested in congress except those RESERVED to thepeople though initiate and referendum.

Classification of Legislative Power

a. Original legislative power possessed by the sovereign people.

b. Derivative legislative power that which has been delegated by

the sovereign people to the legislative bodies.

c. Constituent the power to amend or revise the constitution,

d. Ordinary power to pass ordinary laws.

Limitations on the exercise of Legislative Power

a. Substantive limitations (Express or implied)

b. Procedural limitations

1. Substantive limitations:

a. Express Limitations

i. Bill of Rights

ii. On Appropriations

iii. On Taxation

iv. On Appellate jurisdiction of SC

v. On the prohibition granting a title of royalty or

nobility shall be enacted

b. Implied limitations

i. Congress cannot legislate irrepealable laws

ii. Congress cannot delegate legislative powers

iii. Non-encroachment on powers of other

departments

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2. Procedural limitations

a. Only one subject per bill

b. Three (3) readings on separate days

c. Printed copies in its final form three (3) days before passage

of the bill.

Delegation of legislative power Potesta delegate nonpotest delegari

Valid Delegation is however permitted in the following cases:

a. By direct constitutional grant

i. Tariff powers to the president Art. VI Sec. 28 (2)ii. Emergency Powers to the President Art. VI sec. 23 (2)iii. Rule making power to the Supreme Court Art. VIII Sec.

5 (5)iv. Delegated powers to the LGU Art. X Sec. 5v. Rule making powers to the Constitutional

Commissions Art. IX-A, C and D

b.By legislative grant of powers to administrative Subordinate

legislation

Tests of valid delegation:

1. Completeness Tests the inquiry to be asked must bedirected to the scope and definiteness of the measureenacted, so much so as the measure is not an abdicationof legislative power in favor of the administrative bodies.

Case of US vs. Ang Tang Ho where the Sc declaredthat the law is not completed when the delegate

has to do an act to determine what the law is.

2. Sufficiency Standard Tests the statute must not onlydefine fundamental legislative policy, mark its limits andboundaries and specify the public agency to exerciselegislative power; it must also indicate the circumstancesunder which the legislative command is to effect.

Bicameral System where every bill must pass two (2) houses ofcongress before it becomes a law.

POWERS OF CONGRESS

A. INHERENT POWERS

1. Police power

2. Power of eminent domain

3. Power of taxation

4. Implied Powers (Contempt Power)

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B. EXPRESS POWERS

1. Legislative Power

a. Ordinary power to pass ordinary laws

b. Constituent power to amend and revise the

Constitution2. Power of the Purse

3. Power of Taxation

4. Investigatory Power

5. Oversight function

6. Power to declare the existence of state of war

7. Power to act as Board of Canvassers in election of

President

8. Power to call a special election for President and Vice-

President9. Power to judge Presidents physical fitness to

discharge the functions of the Presidency

10. Power to revoke or extend suspension of the privilege

of the writ of habeas corpus or declaration of martial law

11. Power to concur in Presidential amnesties.

Concurrence of majority of all the members of Congress

12. Power to concur in treaties and international

agreements. Concurrence of at least 2/3 of all the members

of the Senate

13. Power to confirm certain appointments/nominations

made by the President

14. Power of impeachment

15. Power relative to natural resources

16. Power of internal organization

i. Election of officersii. Promulgate internal rulesiii. Disciplinary powers

Composition, Qualification, and Term of Office

Senate (24 Senators) Art. VI, secs. 2-4

House of Representatives (250 members unless otherwise fixedby law, 20% of which shall be comprised of party listrepresentatives)

Art. VI, secs. 5-8Art. IX, secs. 6-8Art. XVIII, sec. Sec. 7

Qualifications in general are subject to the following restrictions:

1.They are continuing requirements and must be possessedduring the officers incumbency;

2.The qualification prescribed by the constitution is exclusiveand the legislature may not make additional qualifications;

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3. Property qualifications are not allowed as no person maybe denied a chance to be elected to public office by reason ofpoverty;

4. No religious tests shall be required for the exercise ofcivil and political rights.

Concepts of

Animus manendi Intention to remain in the new

locality

Animus revertendi Intention to return

Terms of office

For senators - 6 years for 2 consecutive terms;

voluntary

renunciation shall not be considered as an interruption in the

continuity of service.

For members of the house - 3 years not to exceed 3 consecutiveterms. Same rule on renunciation

Term vs. Tenure.

Term refers to the period during which anofficial is entitled to hold office. Tenure refers to the period duringwhich the official actually holds the office.

Party List

Party-List System (RA 7941). The party-list system is a

mechanism of proportional representation in the election of

representatives of the House of Representatives from national,

regional, and sectoral parties or organizations or coalitions thereof

registered with the Commission on Elections.

Party-list representatives - Ceiling. The party-list

representatives shall constitute 20% of the total number of

representatives. Section 5(2) of Article VI is not mandatory. It

merely provides a ceiling for party-list seats in Congress. (Veterans

Federation Party v. COMELEC)

Computation The Court reiterated that the prevailing formula forthe computation of additional seats for party-list winners is theformula stated in the landmark case of Veterans. CIBAC v.COMELEC, G.R. No. 172103 (2007)

Elections

Regular election - Art. VI, sec. 8 - 2nd Monday of Mayunless otherwise provided for by

law.

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Special election - Art.VI, sec.9Rep. Act No. 6645, Dec. 28, 1987Art.IX, C, sec. 11

Special election

A special election to fill in a vacancy is not mandatory.

Special Election (RA 6645)

1. No special election will be called if vacancy occurs:

a. At least eighteen (18) months before the next regular

election for the members of the Senate;

b. At least one (1) year before the next regular election

members of the Congress

2. The particular House of Congress were vacancy occurs

must pass either a resolution if Congress is in session or the

Senate President or the Speaker must sign a certification, if

Congress is not in session,

a. declaring the existence of vacancy;

b. calling for a special election to be held within 45 to 90

days from the date of the resolution or certification.

3. The Senator or representative elected shall serve only

for the unexpired term.

Concept of Disqualified Winner

The court has also clarified the rule on who shouldassume the position should the candidate who received thehighest number of votes is disqualified. The second in rankdoes not take his place.

Organization and sessionsElection of officers - Art. VI, sec. 16(1)Quorum - sec. 16(2)Rules of Proceedings sec. 16. (3) sec. 21

Journal and Congressional Record - Art.VI, sec. 16(4)

Enrolled Bill Theory one duly introduced and finally passed by bothhouses, authenticated by the proper officers of each, and approved bythe President. This is conclusive upon the court as regards the tenor ofthe measure passed by Congress and approved by the President. Courtsare duty bound under the separation of powers by the contents of a dulyauthenticated measure of the legislature.

Probative value of the Journal

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Matters to be entered in the Journal Yeas and nays on third and final reading of a bill

Art. VI, sec. 26 (2) Veto Message of the President Art. VI, sec. 27 (1)

Yeas and nays on the repassing of a bill vetoed bythe President Art.VI, sec. 27 (1)

Yeas and nays on any question at the request of 1/5of members present Art.VI,sec. 16(4)

Journal Entry Rule vs. Enrolled Bill Theory the latter prevailsexcept as to matters which, under the Constitution, must be entered inthe Journal

SessionsRegular sessions Art. VI,sec. 15

Special session - Art.VII, secs.10-11Art.VII,sec.18,par.3

Joint sessionVoting separately

Art.VII,sec.4(Choosing the President)Sec. 11,par.4 (Determining the

Presidents temporary disability)sec.9 (Confirming the nomination of a

Vice Presidents)Art. VI,sec. 23(1) (Declaring a state of War)Art. XVII, sec. 1(1), (Proposing constitutional

amendments)

Voting JointlyArt. VII, sec.18 (To revoke or extend martial

law or suspension ofprivilege of habeas corpus)

Concept of Parliamentary Immunity of Arrest

A member of Congress is privileged from arrest whileCongress is in session in all offenses (criminal or civil) not

punishable by more than 6 years imprisonment. It is intended to

ensure representation of the constituents of the member of

Congress by preventing attempts to keep him from attending

sessions. However, please note that Parliamentary immunity only

includes the immunity from arrest, and not a prohibition in

the filing of the suit. The member will be subject to arrest

immediately when congress adjourns .

The privilege is available while the Congress is insession, whether regular or special and whether or not thelegislator is actually attending a session. Session as here useddoes not refer to the day-to-day meetings of the legislature but tothe

entire period from its initial convening until its final

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adjournment. Hence the privilege is not available while Congressis in recess.

Privilege is personal to each member of the legislature, andin order that its benefits may be availed of, it must be asserted at

the proper time and place; otherwise it will be considered waived.

Privilege is reinforced by Article 145 of the Revised PenalCode Violation of Parliamentary Immunity.

In the Sen.Trillanes Case (June 27, 2008)

In a unanimous decision the Supreme Court en banc junkedSenator Trillanes petition seeking that he be allowed to perform

his duties as a Senator while still under detention. SC barredTrillanes from attending Senate hearings while he has pendingcases reminding him that election to office does notobliterate a criminal charge, and that his electoral victoryonly signifies that when voters elected him, they were alreadyfully aware of his limitations.

Speech and Debate Clause Privilege

Requirements:

1. That the remarks must be made while the legislature or the

legislative committee is functioning, that is in session (see

opposing view of Bernas it is not essential that the Congress

be in session when the utterance is made. What is essential is

that

the utterance must constitute legislative action.

2. That they must be made in connection with the discharge ofofficial duties.

Note that this is not a license to utter libelous remarks!

Duty to disclose

a. Financial and business interestupon assumption of office

b. Potential conflict of interest that may arise from filing a

proposed legislation of which they are authors.

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Prohibitions:

Incompatible vs. Forbidden Office

(1) To hold any other o

ffice or employment (Incompatible

office)

in the government, or any subdivision agency, or instrumentalitythereof, including government-owned or controlled corporation ortheir subsidiaries during his term without forfeiting his seat.

(2) (Forbidden office) which may have been created or the

emoluments thereof increased during the term for which he waselected.

Conflict of Interests:

(3) To be interested financially, directly or indirectly, in any

contract with, or in any franchise or special privilege granted by

the Government, or any subdivision, agency or instrumentality

thereof, including any government-owned or controlled

corporation, or its subsidiary, during his term of office.

(4) To intervene in any matter before any office of the

Government for his pecuniary benefit or intervene in any

matter before any office of the Government where he may be

called upon to act on account of his office.

Prohibitions on lawyer-legislators:

(5) To

personally appear as counsel before any court of

justice or before the Electoral Tribunals, or quasi-judicial and otheradministrative bodies.

ELECTORAL TRIBUNALS - HRET AND SET

o Composition 9 members. 3 from the SC (to be designated by the CJ)

and 6 from the respective House.

o Independence. The Congress neither may nor regulate the actions of

the electoral tribunals even in procedural matters. The tribunal is anindependent constitutional body. (Angara v. Electoral Commission)

o Power. The Electoral Tribunal shall be the sole judge of all contests

relating to the election, returns, and qualifications of their respective

members. The tribunal has the power to promulgate rules relating to

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matters within its jurisdiction, including period of filing election protests.

(Lazatin v. HET)

o Electoral Tribunal has incidental power to promulgate its rules and

regulations for the proper exercise of its function (Angara v. electoral

Commission)

o Jurisdiction of Electoral Tribunal shall be the sole judge of all

contests relating to the election, returns, and qualifications of their

respective members.

o Contest after proclamation is the jurisdiction of HRET

LEGISLATIVE HEARINGS

o Inquiries in Aid of Legislationo Oversight Functions

In aid of legislation Oversight functions

Who may appear

Any person Department Heads

Who may be summoned

Anyone except the Presidentand SC members

No one. Each house mayonly request theappearance of departmentheads.

Subject Matter

Any matters for purposes ofPending legislation

Matters related to thedepartment only

Obligatory force of appearance

Mandatory Discretionary

X. ARTICLE VII - EXECUTIVE DEPARTMENT

1. Executive power is the power to enforce and administer the laws(NEA v. CA, 2002)

2. Executive power is more than the sum of specific powers enumerated inthe Constitution. It includes residual powers not specifically mentionedin the Constitution but also not prohibited by the Constitution. (Marcos v.Manglapus 1989)

3. The Executive power shall be vested in the President of the Philippines.

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Powers and Functions of the President

1. Executive Power- Art.VII, secs. 1 and 172. Control of executive department-Art. VII, sec. 17

National Electrification Administration vs. Co

GR No. 143481 February 15, 2002

Alter Ego Principle/Doctrine of Qualified PoliticalAgency all executive and administrative organizationsare adjunct of the Executive Department; the heads andthe various executive departments are assistants andagents of the Chief Executive, and except in cases wherethe Constitution requires the Chief Executive to act inperson or the exigency of the situation demands that heact personally, the multifarious administrative functions ofthe Chief Executive are performed by and through the

executive departments and the acts of the Secretariespromulgated and performed in the ordinary course ofbusiness are, unless disapproved or reprobated by theChief Executive, are presumptively the acts of the ChiefExecutive (DENR vs. DENR XII EMPLOYEES, G.R. No.149724, August 19, 2003)

3. General supervision of local governments and AutonomousRegions-Art. X, sec.4, 16

Control vs. Supervision

Control is the power of an officer to alter or modify ornullify or set aside what a subordinate officer had done inthe performance of his duties and to substitute thejudgment of the former for that of the latter.

Supervision means overseeing or the power or authority ofan officer to see that subordinate officer performs theirduties. If the latter fail or neglect to fulfil them, then theformer may take such action or steps as prescribed by lawto make them perform theses duties.

4. Power of Appointments

o

Permanent those extended to personspossessing the requisite eligibility and arethus protected by the constitutionalguarantee of security of tenure

o Temporary given to persons without sucheligibility, revocable at will without thenecessity of a just cause or validinvestigation. This is not subject to the

confirmation of the Commission onAppointments. Such confirmation if givenerroneously will not make the incumbent apermanent appointee (Valencia vs. Peralta, 8SCRA 692)

o Regular one made by the President whileCongress is in session, takes effect only after

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confirmation by the Commission onAppointments, and once approved continuesuntil the end of the term of the appointee.

o Ad Interim one made by the Presidentwhile Congress is not in session, takes effect

immediately but ceases to be valid ifdisapproved by the Commission onAppointments or upon next adjournment ofCongress.

a.With consent of commission on appointments (Section16)

Heads of Departments-

Ambassadors, public ministers, and consuls-

Officers of the armed forces from the rank of

colonel and naval captain-

b.Chairman and members of constitutionalCommissions- Art. IX, B. sec.1(2), C, sec. 1(2), D, sec.1(2)

c.Members of the Judicial and Bar Council- sec. 8(2)

d.

Upon recommendation of the Judicial and Bar Council-Member of the Supreme Court and all other courts Art.VIII, sec. 9

e. Ombudsman and Deputies- Art. XI, sec. 9

f.Appointment of Vice President as member of theCabinet (Art. VII, sec. 3)

g.

Appointments solely by the President- Art. VII, sec.16

i. Those whose appointments are not otherwiseprovided by law;

ii. Those whom he may be authorized by law toappoint.

iii. Ad Interim appointmentsMatibag vs. Benipayo et al. G.R. No. 149036

April 2, 2002

Limitations on appointing power of the President

i. Ad -interim or recess appointments-Art. VI, sec. 19

ii. Art. VII, sec. 16, par. 2iii. Temporary appointments-Com. Act No.

588iv. Anti Nepotism Provisionsv. Prohibition of Midnight appointments (2

mos.)

Limitations on appointing power of Acting President- Art.VII, secs. 14-16

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5.Grant Executive clemencies Art. VII, sec. 19 Art. IX, C, sec. 5

Pardon vs. Amnesty

Pardon refers to an act of grace which

exempts theindividual on whom it is bestowed from the punishmentthat the law inflicts for the crime he has committed.Amnesty refers to an act of grace, usually extended togroups of persons, which puts into oblivion the offenseitself.

Pardon addresses infractions of peace of the state;Amnesty is addressed to political offenses.

Amnesty requires the concurrence of a majority of allthe members of Congress; Pardon does not require such

concurrence. Amnesty is a public act, which the courts may take

judicial notice; Pardon is a private act which must bepleaded and proved.

Amnesty does not require distinct acts of acceptance bythe offenders; in Pardon the acceptance by the offenderis necessary.

6.Emergency powers Art. VI, sec. 23(2)7.Power to Contract and guarantee foreign loans

i. Art. VII, sec. 20ii. Art. XII, sec. 21iii. Rep. Act No. 4860

8. Power over foreign affairs-Art. VII, sec. 11

Executive Immunity from suit

The President is immune from suit during his tenure, except that hemay be the subject of an impeachment complaint during his tenure.

The President may not be prevented from instituting suit (Soliven v.Makasiar)

There is nothing in our laws that would prevent the President fromwaiving the privilege. The President may shed the protection affordedby the privilege.

Heads of departments cannot invoke the presidents immunity

Once out of office immunity for non-official acts is lost. (Estrada v.

Disierto;

Executive Privilege

Is the power of the President to withhold certain types ofinformation from the public from the courts, and from Congress.

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Executive privilege is properly invoked in relation to specificcategories of information and not to categories of persons. Whileexecutive privilege is a constitutional concept, a claim thereof maybe valid or not depending on the ground invoked to justify it and thecontext in which it is made.

Claim of executive privilege is not absolute subject to balancingagainst other interest. In other words, confidentiality in executiveprivilege is not absolutely protected by the Constitution.

A claim of executive privilege does not guard against a possibledisclosures of a crime or wrongdoing (see Case of Neri vs. Senate)

Types of Executive Privilege:

1. State secrets

2. Identity of government informers3. Information related to pending investigations4. Presidential communications5. Deliberative process

Presidential Communications Deliberative Process

Pertains to communications,documents or other materials

that reflect prudential decisionmaking and deliberations thatthe President believes shouldremain confidential

Includes advisory opinions,recommendations and

deliberations comprising part ofa process by whichgovernmental decisions andpolicies are formulated

Applies to decision making of thePresident

Applies to decision making ofexecutive officials

Rooted in the constitutionalprinciple of separation of powersand the Presidents uniqueconstitutional role

Rooted on common lawprivileges

Applies to documents in theirentirely and covers final and postdecisional materials as well aspre-deliberative ones

Legislative Power of Injury vs. Claim of Executive Privilege

Congress undoubtedly has a right to information from the executivebranch whenever it is sought in aid of legislation. If the executive branchwithholds such information on the ground that its privileged, it must soassert it and state the reason therefore and why it must be respected.(Justice Carpio Morales in Senate v. Ermita)

A formal and proper claim of executive privilege requires a specificdesignation and description of the documents within its scope as well asprecise reasons for preserving their confidentiality. Without thisspecificity, it is impossible for a court to analyze the claim short of

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disclosure of the very thing sought to be protected. Upon the otherhand, Congress must not require the executive to state the reasons forthe claim with such particularly as to compel disclosure of theinformation which the privilege is meant to protect.

VACANCIES Rules of Succession

Nature of the Vacancy Successional Rules1. When a President has beenchosen but fails to qualify at thebeginning of his term or when noPresident has yet been chosen atthe time he is supposed to assumeoffice.

2. When the President-elect dies or

is permanently incapacitated beforethe beginning of his term

3. When both the President andVice-President have not yet beenchosen or have failed to qualify orboth shall have died or becomepermanently incapacitated at thestart of the term

4. When the Senate President andthe Speaker of the House shall have

died or shall have becomepermanently incapacitated, or areunable to assume office.

The Vice-President becomes actingPresident until a President qualifies.

Vice-president elect becomes President

The Senate President or the Speaker-inthat order acts as President until aPresident or Vice-President qualifies

Congress will decide by law who will actas President until a President or Vice-President shall have been elected

qualified.

1. When the incumbent Presidentdies or is permanently disabled, isremoved or resigns from office.

2. When both the President andthe Vice-President die, or arepermanently disabled, areremoved, or resign from office.

3. When the Acting President dies,or is permanently incapacitated, isremoved or resigns from office.

The Vice-President becomes Presidentsince the vacancy created ispermanent.

The Senate President or the Speaker-inthat order-shall act as President until aPresident of Vice-President shall have

been qualified

Congress will determine by law who willact as President until a new President orVice-President shall have qualified.

Concept of Permanent Disability.

In Estrada v. Macapagal-Arroyo, Justice Bellosillo opined that permanentdisability as contemplated by the Constitution does not refer only to physicalor mental incapacity, but must likewise cover other forms of incapacities of a

permanent nature, e.g. functional disability.

Temporary Disability

Whenever the President transmits to the President of the Senate and theSpeaker of the House of Representatives his written declaration that he isunable to discharge the powers and duties of his office, and until he transmits

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to them a written declaration to the contrary, such powers and duties shall bedischarged by the Vice-President as Acting President.

Whenever a majority of all the Members of the Cabinet transmit to thePresident of the Senate and to the Speaker of the House of Representatives

their written declaration that the President is unable to discharge the powersand duties of his office, the Vice-President shall immediately assume thepowers and duties of the office as Acting President.

Prohibitions (Applies to Members of Cabinet, their deputies orassistants.)

Unless otherwise provided in the Constitution, shall not hold any otheremployment during their tenure.

Shall not directly or indirectly practice any other profession, participate in any

business, or be financially interested in any contract with, or in any franchiseor special privilege granted by the government or any subdivision, agency, orinstrumentality thereof, including government-owned or controlledcorporations or their subsidiaries during their tenure.

Strictly avoid conflict of interest in the conduct of their office during theirtenure. (Section 13)

The Vice-President

May be appointed to the Cabinet, without need of confirmation by the

Commission on appointments

XI. ARTICLE VIII- JUDICIAL DEPARTMENT

Judicial Power - Art. VIII, Sec. 1Sec. 5

Judicial Power is vested in one Supreme Court and in such lowercourts as may be established by law.

Traditional Concept Judicial Power includes the duty of thecourts to settle actual case or controversies involving rights that arelegally demandable and enforceable.

Expanded/Broadened Concept includes the duty to determinewhether or not there is grave abuse of discretion amounting to lackor excess of jurisdiction on the part of any branch or instrumentalityof the government.

Limitations on the exercise of Judicial Power

1. Courts may not attempt to assume or be compelled to performnon-judicial functions;

2. It is not the function of the judiciary to give advisory opinions;

Declaratory Relief Advisory Opinion

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Involves real parties with

Documents

Constilaw Review Notes