CONSTITUTIONAL LAW 1 REVIEWER

By: Ma. Jean Baluyo-Castaeda

THE PREAMBLE Function Aid in ascertaining the meaning of ambiguous provisions in the constitution. (source of light) Does not create any right and obligation.

THE CONSTITUTION Origin/ Authorship Scope & Purpose -

The will of the sovereign Filipino people. To build a just and humane society and to establish a democratic government. Government officials have only the authority given them by law and defined by law, and that such authority continues only with the consent of the people. (ours is a rule of law and not of men)

Concept of Rule Of Law

ARTICLE 1. THE NATIONAL TERRITORY CONSTITUTION NATIONAL TERRITORY Municipal Law Binds only the nation promulgating it. Will bind internationally only if supported by proof that it can stand in international law. Its inclusion in the constitution is for the preservation of the national wealth, for national security, and as manifestation of our solidarity as a people. 1. PhilippineArchipelago 2. All other territories over which the Phils. has sovereignty or jurisdiction 3. The territorial sea, the seabed, subsoil, insular shelves, and other submarine areas corresponding to terrestrial, fluvial, and aerial domains. Body of water studded with islands which is delineated in the Treaty of Paris of December 10, 1898. Other element of Archipelagic Principle which consists of drawing straight lines connecting appropriate points on

SCOPE

PHILIPPINE ARCHIPELAGO

STRAIGHT BASELINE

the coast without departing to any appreciable extent from the general direction of the coast. These baselines divide the internal waters from the territorial waters of an archipelago. BASELINE Lines drawn along the low water mark of an island or group of islands which mark the end of the internal waters and the beginning of the territorial sea. Each country must draw its own baselines according to the provisions of the Law of the Sea. Provided for one baseline around the archipelago and separate baselines for the regime of islands outside the archipelago.

R.A. 9522

ARTICLE 2. DECLARATION OF PRINCIPLES AND STATE POLICIES STATE A community of people having external and internal sovereignty. (legal concept) 1. People 2. Territory 3. Sovereignty 4. Government A community of persons sufficient in number and capable of maintaining the continued existence of the community and held together by a common bond of law. Supreme power to affect legal interests either by legislative, executive or judicial action. Sum total of all the influences in a state, legal and nonlegal, which determines the course of law. Institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state. Constituent Function- compulsory/obligatory functions which constitute the very bonds of society. Ministrant Function- optional functions LEGITIMACY OF GOVT (2) de jure established by authority of the legitimate sovereign.

ELEMENTS (4)

PEOPLE

LEGAL SOVEREIGNTY

POLITICAL SOVEREIGNTY

GOVERNMENT

FUNCTIONS OF GOVT (2)

de facto established in defiance of the legitimate sovereign. (by force or by the voice of majority, or by invading military forces) PRESIDENTIAL FORM REPUBLICAN STATE Separation of powers All government authority emanates from the people and is exercised by representatives chosen by the people. Shares some aspects of direct democracy such as initiative and referendum. The word democratic is also a monument to the February Revolution which re-won freedom through direct action of the people.

DEMOCRATIC STATE

What principle must guide the government in terms of foreign relations? - the government must maintain an independent foreign policy and give paramount consideration to national sovereignty, territorial integrity, national interest, ad self-determination. What is the constitutional policy on nuclear weapons? - prohibition not only of the possession, control, and manufacture of nuclear weapons but also nuclear arms tests. (consistent with the national interest) What is Social Justice? - the equalization of economic, political, and social opportunities with special emphasis on the duty of the state to tilt the balance of social forces by favouring the disadvantage in life. - justice for the common tao. - those who have less in life must have more in law. What is Family? - stable heterosexual relationship. Note: When there is doubt in the interpretation of provisions on the national economy and patrimony, it must be resolved in favour of self-reliance and independence, and in favour of Filipinos. Comprehensive Rural Development includes: - not only Agrarian Reform but Social, Economic, Human, Cultural, Political, and Industrial Development. ARTICLE 3. BILL OF RIGHTS Significance: It is a guarantee that there are certain areas of persons life, liberty, and property which governmental power may not touch. What powers of government are limited by the Bill of Rights? - all powers of the government. Three (3 inherent powers of the State: 1. police power 2. power of eminent domain

3. power of taxation Why these powers are considered inherent powers? - because they belong to the very essence of government and without them no government can exist. Major difference between: Article III Bill of Rights focuses on the civil and political rights.(generally self-implementing) Art. XIII Social Justice and Human Rights focuses on social and economic rights. (requires implementing legislation) POLICE POWER Definition: the most essential, insistent and the least limitable of powers, extending as it does to all the great public needs. Public necessity, Right of the State and of the public to self-protection. National Government through the legislative department, however, within limits, it is also delegated to local government.

Scope: Exercised by:

What are the rights protected by the Bill of Rights? - the right to life, liberty and property. Right to Life right to a good life, a life of dignity (decent standard of living) Right to Property - all kinds of protected property found in the Civil Code. Right to Liberty e.g. Not all people have the right to bear arms, only those authorized by law. Two (2) Kinds of Due Process: 1. Procedural - law which hears before it condemns 2. Substantive prohibition of arbitrary laws Essential requirements of procedural due process in courts: 1. There must be a court or tribunal clothed with judicial power to hear and determine the matter before it; 2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings; 3. The defendant must be given an opportunity to be heard; and 4. Judgment must be rendered upon lawful hearing What is the meaning of equal protection of the law? - equality of all persons before the law. When are searches and seizures unreasonable? - when it is not authorized by a validly issued search warrant or warrant of arrest.

What is Probable Cause? - facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to induce a cautious man to rely upon them. POWER OF EMINENT DOMAIN Definition: power of the state to take private property for public use upon payment of just compensation. Like the scope of the legislative power itself, plenary. National Government

Scope: Exercised by:

Elements of the exercise of power of eminent domain: 1. there is taking of private property 2. the taking must be for needed public use 3. there must be just compensation PUBLIC USE JUST COMPENSATION use by the public just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation. - payment that matches market value.

Who are entitled to just compensation? - all whose rights might be affected by the taking by the state. The following are subject to judicial review in the exercise of the power of eminent domain: 1. the adequacy of the compensation 2. the necessity of the taking 3. the public use character of the purpose of the taking Rights available to person under investigation: 1. right to remain silent 2. right to competent and independent counsel preferably of his own choice 3. right to be informed of such rights BAIL a mode short of confinement which would, with reasonable certainty, insure the attendance of the accused at his trial. Deposit is forfeited upon failure to appear. Why is bail awarded to the accused? - to honor the presumption of innocence until his guilt is proven beyond reasonable doubt; and to enable him to prepare his defense without being subject to punishment prior to conviction. Who have constitutional right to bail? - all persons actually detained, except those charged with offenses punishable by reclusion perpetua or death when evidence of guilt is strong.

DISTINCTION BETWEEN: Life Imprisonment Reclusion Perpetua - under special law; does not carry accessory penalties; indefinite - under RPC; carries accessory penalties; after 30 years, the convict is eligible for pardon. - obligation of record entered into before the court guaranteeing the appearance of the accused for trial. It is in the nature of a contract between the surety and the state.

RECOGNIZANCE

PRESUMPTION OF INNOCENCE - no person shall be convicted unless the prosecution has proved him guilty beyond reasonable doubt. Elements of the general right to be heard: 1. right to be present at the trial (from arraignment to promulgation of sentence) amendment: trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.(trial in absentia) 2. right to counsel 3. right to an impartial judge 4. right of confrontation 5. right to compulsory process to secure the attendance of witnesses Requisites of a valid trial in absentia: 1. the accused has already been arraigned 2. he has been duly notified of the trial 3. his failure to appear is unjustifiable Reason for trial in absentia: to speed up disposition of criminal cases Purpose and Scope of the Right to be Informed: 1. to furnish the accused of the description of the charge against him to enable him to make his defense 2. to avail himself of his conviction or acquittal for protection against further prosecution for the same cause 3. to inform the court of the facts alleged so that it may decide whether they are sufficient in law to support conviction. Right to Speedy Trial right against unreasonable delay of trial after the filing of information. What is the remedy for the violation of the right to speedy trial? 1. dismissal of the case (equivalent to acquittal) 2. to be released by habeas corpus (if under detention) Right of confrontation right to meet witness face to face Two-fold purpose: 1. to afford the accused an opportunity to test the testimony of the witness by cross-examination 2. to allow the judge to observe the deportation of the witness

Exceptions: 1. the admissibility of dying declarations 2. trial in absentia WRIT OF HABEAS CORPUS a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatever the court or judge awarding the writ shall consider in that behalf. What is the privilege of the writ of habeas corpus? - it is the right to have an immediate determination of the legality of the deprivation of physical liberty. Note: The writ is never suspended, the privilege is. Who may suspend the privilege? - the President When may the privilege be suspended? - in cases of invasion or rebellion when the public safety requires it. ARTICLE 4. CITIZENSHIP CITIZENSHIP personal and more or less permanent membership in a political community. Modes of acquiring citizenship: 1. jus sanguinis by blood relationship 2. jus soli by place of birth 3. naturalization legal act of adopting an alien and clothing him with the privilege of a native born citizen. Who are citizens of the Phils.? 1. those who are citizens of the Phils. at the time of the adoption of this constitution. 2. those whose fathers and mothers are citizens of the Phils. 3. those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. 4. those who are naturalized in accordance with law. Substantive requirements for naturalization: 1. age 2. residence 3. moral character and political belief 4. real property or lucrative occupation 5. language 6. education of children

Procedural requirements: 1. declaration of intention 2. filing of petition 3. hearing and initial judgment 4. period of probation 5. rehearing and final judgment How lost citizenship may be reacquired? 1. Naturalization 2. Repatriation REPATRIATION the recovery of original citizenship. Who may be repatriated? 1. women who lost citizenship by marriage 2. those who lost citizenship for political or economic reasons

What is the effective date of repatriation when approved? - in the case of former natural born citizens, the effective date is the date of application for repatriation, not the date of approval. ARTICLE 5. SUFFRAGE SUFFRAGE the right to vote in elections. - obligation to vote Who may exercise suffrage? - all citizens of the Philippines not otherwise disqualified by law, who are at least 18 years of age, who shall have resided in the Phils. for at least 1 year, and in the place where they propose to vote for at least 6 months immediately preceding the election. Who are not qualified to vote under the Election Code? 1. Any person who has been sentenced by final judgment to suffer an imprisonment of not less than one year, such disability not having been removed by plenary pardon. Exception: automatic reacquisition of the right to vote upon expiration of five years after service of sentence. 2. Any person who has been adjudged by final judgment by competent court of having violated his allegiance to the Republic of the Phils. 3. Insane or feeble-minded persons RULE ON IMMIGRANTS RE: ABSENTEE VOTING - Immigrants are allowed to vote for President, Vice-President, Senators, and Party-list Representatives. - Voting in absentia is allowed, provided immigrant:

1. Not disqualified by law 2. At least 18 years of age on the day of election 3. Executes, upon registration, an affidavit declaring: he shall resume actual physical permanent residence in the Philippines not later than 3 years from approval of his registration. (failure to return shall cause his removal from the National Registry of Absentee Voters and his permanent disqualification to vote in absentia) He has not applied for citizenship in another country.

ARTICLE 6. THE LEGISLATIVE DEPARTMENT What is legislative power? - it is the authority to make laws and to alter or repeal them. Where is legislative power vested by the Constitution? - in the Congress of the Philippines which shall consist of a Senate and House of Representatives. Advantages of Bicameralism (Two-house legislature): 1. allows for a body with a national perspective to check the parochial tendency of representatives elected by district 2. allows for more careful study of legislation 3. makes the legislature less susceptible to control by the Executive 4. serves as training grounds for national leaders Advantages of Unicameralism: 1. simplicity of organization resulting in economy and efficiency, facility in pinpointing responsibility for legislation, and avoidance of duplication. Kinds of legislative power in a republican systems: Original Derivative - possessed by the sovereign people - that which has been delegated by the sovereign people to legislative bodies and is subordinate to the original power of the people. This is the kind of power that is vested in Congress. - the power to amend or revise the Constitution. - the power to pass ordinary laws.

Constituent Ordinary

Kinds of Limits on Legislative Power: Substantive - limits curtail the contents of a law. e.g. no law may be passed which impairs freedom of speech Procedural - limits curtail the manner of passing laws. e.g. a bill must generally be approved by the President before it becomes a law.

What is the composition of the Senate? - 24 Senators elected at large. Qualifications of a Senator: 1. natural-born citizen of the Phils. 2. at least 35 years of age on the day of the election 3. able to read and write 4. a registered voter 5. resident of the Phils. for not less than 2 years immediately preceding the day of the election. What does on the day of the election mean? - on the day the votes are cast. What is the term of office of a Senator? - Six years. May a Senator serve for more than 2 terms? - yes, provided that the terms are not consecutive. What is the total composition of the House of Representatives? - not more than 250 members, unless otherwise provided by law. How do representative districts come into existence? - they are created by law. A province automatically gets one representative district. How are members of the House classified? 1. District Representatives each representing one congressional district 2. Party-list Representatives elected through the party-list systems 3. Sectoral Representatives (existed only until 1998) How does party-list system work? 1. Registered national, regional, and sectoral parties or organizations submit a list of candidates arranged in the order of priority. 2. During congressional elections, such parties or organizations are voted for at large. 3. The number of seats a party or organization will get, out of the 20% allocated for party-list representatives, will depend on the number of votes garnered nationwide. Reason for the party-list system: It is hoped that the system will democratize political power by encouraging the growth of multi-party system while at the same time giving power to those who do not win in elections. Grounds for disqualification: 1. Organization or association organized for religious purposes 2. Advocates violence or unlawful means 3. Foreign party 4. Receiving support from any foreign political organization 5. Violates laws relating to elections 6. Declares untruthful statements in its petition 7. Ceased to exist for at least 1 year

10

8. Fails to participate in the last 2 preceding elections 9. Fails to obtain at least 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it has registered. Who determines party disqualification? - the COMELEC. Qualification is a question of fact, therefore, it is not subject to review by certiorari. Qualifications of a party-list representative: 1. natural-born citizen of the Phils. 2. registered voter 3. resident of the Phils. for a period of not less than 1 year immediately preceding the day of election 4. able to read and write 5. bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election 6. at least 255 years of age on the day of election Age qualification of a nominee of the youth sector: 1. at least 25 years but not more than 30 years of age on the day of election. How are party-list seats distributed among the parties? 1. 20% allocation the combined number of all party-list congressmen shall not exceed 20% of the total membership of the House of Representatives including those elected under the party-list. 2. 2% threshold only those parties which garnered 2% of the total valid votes cast for the partylist system are qualified to have a seat in the House of Representatives. 3. 3-seat limit each qualified party, regardless of votes actually obtained, is entitled to a maximum of 3 seats, that is, one qualifying and 2 additional seats.

4. Proportional representation the additional seats which a qualified party is entitled to shall be computed in proportion to their total number of votes. How are representative districts apportioned? - each city with at least 250,000 or each province irrespective of population shall have at least 1 representative. Note: Within 3 years following the return of every census, the Congress shall make reapportionment of legislative districts based on the standards provided by law.

What is gerrymandering? Is it allowed? - Gerrymandering is the formation of one legislative district out of separate territories for the purpose of favouring a candidate or a party. It is not allowed. Qualifications of a member of the House of Representatives: 1. natural-born citizen of the Phils. 2. at least 25 years of age on the day of election

11

3. able to read and write 4. registered voter in the district in which he shall be elected (except for party-list reps) 5. a resident thereof for a period of not less than 1 year immediately preceding the day of election. Distinction between: Residence simply requires bodily presence in a given place. Domicile requires a declared and probable intent to make it ones fixed and permanent place of abode. What is the term of a member of the House? - 3 years May a member of the House serve for more than 3 terms? - yes, provided the terms are not successive. Distinction between: Term the period during which an official is entitled to hold office. Tenure the period during which the official actually holds the office. Salary of the members of Congress: 240,000 per annum Privilege from arrest: A legislator is privileged from arrest even for criminal offense provided that the offense was not punishable by a penalty of more than 6 years imprisonment. When is the privilege available? - when the Congress is in session, whether regular or special and whether or not the legislator is actually attending a session. Hence, it is not available while Congress is in recess. About what matters is a member of Congress obliged to make public disclosure? - financial and business interest. What are the prohibitions imposed on members of Congress? 1. holding any other office or employment in the government during his term without forfeiting his seat. 2. Appointment to any office which may have been created or the emoluments hereof increased during the term for which he was elected. What are the prohibitions on a member of Congress relative to the practice of his profession? 1. personal appearance as counsel before any court of justice. 2. be interested directly or indirectly in any contract granted by the government during his term. 3. intervene in any matter before any office of the government. SPECIAL SESSION one called by the President while the legislature is in recess. Who are officers of Congress? 1. Senate President 2. Speaker of the House of Representatives 3. Such other officers as each house may deem necessary

12

What is the existence of a quorum based on? - on the proportion between those physically present and the total membership of the body. Is disciplinary action taken by Congress against a member subject to judicial review? -No. Each House is the sole judge of each other. Dual purpose of the Journal: 1. to insure publicity to the proceedings of the legislature, and a correspondent responsibility of the members to their respective constituents. 2. To provide proof of what actually transpired in the legislature. Who is the sole judge of all contests relating to election, returns, and qualifications of the members of Congress? - the respective Electoral Tribunal of each House. What is the composition of each Electoral Tribunal? -9 members (3 justices of the Supreme Court designated by the CJ, the remaining 6 shall be members of the Senate or House of Representatives who shall be chosen on the basis of proportional representation from political parties registered therein. The Senior Justice shall be its Chairman. ) What is the composition of the Commission on Appointments? Senate President Chairman (votes only to break a tie) 12 Senators 12 Congressmen What is the function of the Commission on Appointments? - Acts as legislative check on the appointing authority of the President. For the effectivity of the appointment of certain key officials, the consent of the Commission on Appointments is needed. How should the Commission arrive at its decisions? 1. The Commission must act on all appointments submitted to it within 30 session days from submission. 2. The Commission shall decide by majority vote. 3. The Commission can meet and act only when Congress is in session. What is the doctrine of inappropriate provisions? - the doctrine says that a provision that is constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item. In essence, this means that the President may veto riders in an appropriation bill. What is the meaning of executive impoundment? - refusal of the President to spend funds already allocated by the Congress for a specific purpose. What is the purpose of the power to tax? - primarily, to raise revenue.

What is the general limit on the power to tax? - it should be exercised only for a public purpose.

13

What is a progressive system of taxation? - a tax system is progressive when the rate increases as the tax base increases. Who has control of the expenditure of public funds? - Congress ARTICLE 8. THE JUDICIAL DEPARTMENT What power is given to courts? - Judicial power, nothing more. What is Judicial Power? - the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction. How does the Constitution define Judicial Power? - Judicial Power includes the duty of the courts of justice to settle actual controversies involving right which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. What is the role of the legislature in the judicial process? - the proper exercise of such power requires prior legislative action: 1. Defining such enforceable and demandable rights and prescribing remedies for violations of such rights. 2. Determining the court with jurisdiction to hear and decide controversies or disputes arising from legal rights. What power does Congress have over the judicial system? -Congress has the power to create new courts and to apportion jurisdiction among various courts. What is fiscal autonomy and why is granted to the Judiciary? -fiscal autonomy means appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released. It is granted to the Supreme Court in order to strengthen its independence. What is the composition of the Supreme Court? 1. 1 Chief Justice 2. 14 Associate Justices How many justices constitute a quorum when the court sits en banc and there are only 14 justices in office? - 8 justices What cases must be heard en banc? 1. all cases involving the constitutionality of treaty, international or executive agreement, or law 2. all cases which under the law require to be heard en banc

14

3. Etc. What is the power of Judicial Review? - it is the Supreme Courts power to declare a law, treaty, international or executive agreement, presidential decree, proclamation, order, instruction, ordinance, or regulation unconstitutional. What are the essential requisites for the exercise of the power of judicial review? 1. There must be before the court an actual case calling for the exercise of judicial power. The question before it must be ripe for adjudication, that is, the governmental act being challenged must have had an adverse effect on the person challenging it. 2. The person challenging the act must have standing to challenge, that is, he must have personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of its enforcement. 3. The question of constitutionality must be raised at the earliest opportunity. So that if not raised by the pleadings, ordinarily it may not be raised at the trial, and if not raised in the trial court, it will not be considered on appeal.

15