Notes on Preamble (new Provisions in the 1987 Constitution)1. Almighty God2. General welfare -> Common good (beneficial for all; social

order where man will be developed holistically)3. We4. Truth5. Love6. In order to build a just and human society (proposed by

Comm. Sarmiento)7. Ideals and aspirations8. Freedom9. The blessings of independence and democracy10. Rule of law (and NOT of men; no one is above the law –

proposed by Roberto Concepcion see Lansang v. Garcia)11. Patrimony v. Patrimony of our Nation

I. GENERAL PRINCIPLES

Under “C. Basis of the Study”, add Human Rights Law, International Humanitarian Law, International instruments (treaties)

II. THE PHILIPPINE CONSTITUTION

Under “Essential Parts of a good written Constitution”, add Constitution of Justice – holistic view.

III. THE PHILIPPINES AS A STATE

Three elements of a winning case1. justice in law2. a good lawyers3. a good judge

Organic acts – act passed by Congress for establishing US Territories

Philippine Bill of 1902 – to prepare our people for self-governance; key figure is Henry Cooper; first mentioned manual election

Key figures in the 1935 Constitution – Laurel, Vinzons and Manuel Roxas

Proposals to amend the Constitution1. By Congress2. By Constitutional Convention3. People, through initiative4. Constitutional Commission appointed by the President (added by Sir)5. Japanese Constitution (added by Sir)

6. Basic law of Germany (added by Sir)

How were the 27 amendments in the US Constitution done? Through Congress, ¾ of state legislature

Commissioner Sarmiento supported the provision on initiative in the 1987 Constitution.

Are all issues justiciable? Was the political question doctrine eliminated? NO. But the political question doctrine has limited application.

IV. THE PHILIPPINES AS A STATE

Note: Cagayan de Sulu is now MAPUN, Tawi Tawi.

Sir’s critique of the functions of the government: The definition provided in the book is old. It is no longer optional for the government to promote the welfare of its citizens.

Explain the Royal Prerogative of Dishonesty. Why “dishonest”?

V. FUNDAMENTAL POWERS OF THE STATE

2 facets of a state1. fundamental powers2. people’s liberties

Is martial law an inherent power of the State? Yes, it is provided for in the Constitution.

Where do we find in the Constitution provisions that sanction Police Power?- Preamble “common good” and from the powers of Congress

What are choses in action?

Memorize “Tax Exemptions” – see pp.70-71

VI. PRINCIPLES AND STATE POLICIES

Preamble does not confer rights nor impose duties. (Basis: Jacobson v. Massachusetts 1905 case)

Essential features of Republicanism: Representation and Renovation – these are taken from Laurel’s Article

Under “Manifestations of Republicanism” in p. 73, add “h. Social justice and human rights”

What is the doctrine of necessary implication? What is it called in the US? Concept of inherent power.

Is there a case where the Preamble was cited in the resolution of the case? YES. Aglipay v. Ruiz.

Study the 5 legal sound bites in Villavicencio v. Lukban.

Study Laurel’s Formula for Constitutional Harmony in Calalang v. Williams.

VII. BILL OF RIGHTS

Origin: Britain’s 1689 Declaration of Rights

3 principles of human rights1. Universality2. Indivisibility3. Interdependence

Characteristics1. Inherent – birthright of all human beings2. Inalienable

3 stages1. Idealization – real of ideas that reflect consciousness against oppression, dehumanization2. Positivization – support for ideas become strong and stage is set to incorporate them into legal instruments3. Realization – rights as enjoyed by citizens of state by transformation of social, economic and political order

3 Obigations of State Parties1. Obligation to respect2. Obligation to ensure3. Obligation to protect

First generation of rights: Civil and PoliticalSecond generation of rights: Economic, political and culturalThird generation of rights: Right to peace, environment, right of women and PWDs, etc.

Arrests, searches and seizuresBefore the 4th amendment (before the American Revolution)A. Pre-American Revolution

1. Colonial epidemic of general searches2. General searches pervaded colonial law3. Infractions of law based on mere reports and suspicions4. Magistrates would act on suspicions

5. Writs of assistance (used in fishing expeditions and has the lifetime of a sovereign)

B. After the American Revolution1. Virginia Declaration of Rights in June 1776/ State

Constitution – general warrants are grievous and oppressive

2. Pennsylvania Declaration of Rights/ State Constitution of August 1776 – Right of people recognized for the first time

3. Delaware, North Carolina, etc. followed.

Miranda v. Arizona (1966)

1973 Constitution

Morales v. Enrile (1983)People v. Galit (1985)

1987 Constitution

1. most famous, most criticized confession case

1. right to remain silent2. right to counsel3. right to be informed of such right

WAIVER 1. Three rights in the 1973 Constitution2. Waiver in writing3. Competent and independent counsel preferable of his own choice

2.a. right to remain silentb. right to counselc. if can’t afford, must be provided with one

COMELEC conducted investigation for violation of Omnibus Election Code. Mayor invoked Miranda rights which the COMELEC honored. Did COMELEC correctly act? NO. COMELEC is not a law enforcement agency.

COA conducted an investigation in connection with DAP. Congressman invoked Miranda rights. COA denied. Correct? Sir just said that COA is a quasi-judicial body.

Can you invoke rights under custodial investigation in a tactical interrogation? YES. The label does not matter.

Ceremonial reading of rights under custodial investigation is NOT SUFFICIENT.

Mr. X was invited by the CIDG. Can that person invoke rights under custodial investigation? YES. See RA 7438.

Pre-trial line-up (out of court identification) – Can you invoke rights under custodial investigation during police line up? NO. People v. Lara.

Gamboa v. Cruz – absence of counsel during or before police line up is allowed. Master this case <- si sir ang counsel

Study habeas corpus, amparo and habeas data! Lalabas for sure.