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CONSTITUTIONAL LAW 1 FINAL EXAMINATIONS ▪ Ministrant: optional functions [public welfare]

▪ Constituent: Compulsory functions.


ENUMERATIONS: 4. Sovereignty
Introduction ▪ Political: sum of all influence in a state
• THREE TYPES OF CONSTITUTION ▪ Legal: supreme power to make the laws.
1. Normative- adjusts its actions to the norms. • TWO KINDS OF GOVERNMENT
2. Nominal- constitution which cannot yet be fully operative 1. De facto- defiance of legal sovereign
because of existing socio-economic conditions. Educational 2. De jure: established by authority of the sovereign
value. • CLASSIFICATIONS OF DE FACTO GOVERNMENT
3. Semantic- tool for perpetuation of power in the hands of 1. FORCE: Voice of the majority
power holders. 2. MILITARY
3. INSURRECTION
Article 1: National Sovereignty
• EQUAL CLASSIFICATION OF LAWS
• INTERNAL WATERS v. ARCHIPELAGIC WATERS
1. Substantial distinction which would make up for real
1. Internal: waters around, between and connecting; no innocent
differences.
passage
2. Germane to the purpose of the law.
2. Archipelagic: 12 n.m measured from baseline; subject to
3. Equal application to all members of the class
innocent passage.
4. Applicable to future cases.
• MATTERS SOUGHT TO BE INCLUDED IN THE AWARD
• WRIT OF KALIKASAN- No award for damages
1. PARTIES’ RIGHTS, EFFECT OF UNCLOS Ruling on the source
1. Actual or threatened violation of constitutional right to
of the parties’ rights and obligations and the effect of the
healthful ecology.
UNCLOS to China’s claim of nine-dash line.
2. Violation arises from unlawful act/omission
2. CHARACTERISTICS OF FEATURES. Ruling on whether certain
3. Involves environmental magnitude as to prejudice the life,
maritime features claimed by both parties are properly
health and property of two/more provinces and cities.
characterized as islands, rocks, low-tide elevations or
• RELIEFS OF THE WRIT
submerged banks under the Convention for it will determine
1. Permanent ceast and desist.
the maritime zones they are capable of generating.
2. Order to protect, preserve, rehabilitate and restore
3. CHINESE ACTIONS AS VIOLATION OF THE CONVENTION.
environment.
Ruling on whether certain Chinese actions have violated the
3. Order strict compliance
Convention
4. Make periodic reports.
▪ Interfering of Philippine’s sovereign rights and
5. Others except awards and damages.
freedoms
• PRECAUTIONARY PRINCIPLE
▪ Construction and fishing activities that harmed the
1. Risk of harm is uncertain
maritime environment..
2. Harm might be irreversible
4. LARGE-SCALE RECLAMATION AND CONSTRUCTION OF
3. Harm that result might be serious.
ARTIFICIAL ISLANDS. Ruling on whether these acts have
aggravated and extended the parties’ dispute • CRITERIA FOR LOCAL AUTONOMY
1. Compatible with national goals
Article 2: Declaration of State Policies and Principles 2. Widest participation and initiative to LGU
• ELEMENTS OF A STATE 3. Development of self-reliant community.
1. Permanent Population/people • PROTECTED COMMUNICATIONS FOR EXECUTIVE PRIVILEGE
2. Defined Territory 1. Quintessential/non-delegable
3. Government 2. Authored/solicited by close advisor of the present
3. Maybe overcome by a show of adequate need. ▪ It is also enough that the principal advocacy pertain to special
• CONFIDENTIAL COURT RECORDS interests and concerns of their sector.
1. Result of raffle cases 5. Reprentative of marginalized and underrepresented sector must belong
2. Actions taken by court induced in the agenda to the same sector they represent.
3. Deliberations of members in Court sessions. ▪ Either belong to their respective sector
▪ Track record of avocacy for the respective sector.
• TWO KINDS OF COMMUNICATIONS
6. National, regional, and sectoral party lists shall not be disqualified if
1. Predecisional: in attempt to reach a final conclusion some of their nominees are also disqualified provided that atleast one
2. Deliberative: W/N disclosure would discourage candid nominee is still eligible and qualified for the position.
discussion. • THREE KINDS OF PARTIES
1. National- constituency is spread atleast in the majority of the
Article 6: Legislative Department
region
o TWO TYPES OF LEGISLATIVE POWER
2. Regional- constituency on majority of cities and provinces w/in
1. Original- possessed by the sovereign people
region
2. Derivative: delegated by sovereign people to legislative bodies.
3. Sectoral- group of citizens who share similar physical
o EXCEPTIONS TO THE PRINCIPLE OF NON-DELEGABILITY
attributes, characteristics, employment, interests and concerns.
1. LGUs
2. Constitutionally-crafted exceptions • REQUIREMENT FOR HRET JURISDICTION
3. Delagata potestas non potest delegari 1. Valid proclamation
o TWO TESTS TO DETERMINE 2. Oath of Office
1. Completeness test: complete in all its terms 3. Assumption of Office.
2. Sufficient standard test: implied/express adequate • QUALIFICATIONS FOR SENATORS: [ Art 6, Sec. 3]
guidelines. 1. Natural-born
o REQUISITES OF DUE DELEGATION 2. Atleast 35 years of age
1. Authorized by legislature 3. Able to read and write
2. In accordance with procedure 4. A registered voter
3. W/in scope of authority 5. Resident of the PH 2 years immediately presiding the election.
4. Reasonable. • QUALIFICATION FOR HOUSE OF REPRESENTATIVES [Sec. 6]
o BANAT’s FOUR INVIOABLE PARAMETERS OF PARTY-LIST 1. Natural born/ citizens by election who are deemed natural born
1. 20% allocation: total # of party-list reps 2. Atleast 25
2. 3 seat cap: maximum number of seats 3. Able to read and write
3. 2% threshold: To qualify for a seat, a party must obtain 4. Registered voter of the district
atleast 2% of the total valid votes. 5. Domicile for atleast 1 year before the election.
4. Proportional representation: additional seats shall be • SUFFICIENT COMPLIANCE TO ONE SUBJECT-ONE TITLE
computed in proportion to their total number of votes. 1. Title expresses the general subject
o ATONG PAGLAUM’s CRITERIA 2. All provisions are germane to the general subject.
1. Three different groups may participate: national, regional and sectoral • CREATION OF LEGISLATIVE DISTRICTS
2. National and regional parties need not to organize along sectoral lines 1. Indirectly, through a creation of new office.
and do not need to represent the “marginalized” and “underrepresented.” 2. Direct creation of several representative districts within a
3. Political parties may participate provided that they won’t field any province
candidte in legislative districts, however they can particiapte through 3. By constitutional operation: when a province is created.
their sectoral wings. • WITHDRAWAL OF NOMINATION IS VALID IF
4. Sectoral parties may either 1. Nominee dies
▪ Represent the marginalized and underrepresented 2. Incapacitated
▪ Lacking in well-defined constituency. 3. Withdraw his nomination in writing
• DOMICILE
1. Bona fide intention of abandonment 2. Exploration, development and utilization shall be under full
2. Bodily presence to new locality control and supervision of the State.
3. Acts that correspond to said intention. 3. All agreements with qualified private sector may only be for a
• LIMITS TO POWER OF CONGRESS TO LEGISLATE period of 25 years, renewable for another 25 years.
1. Declaration of State Principles and Policies 4. MARINE WEALTH- exclusive use and enjoyment of Filipino
2. Bill of Rights citizens.
3. Initiative and Referendum
5. Small-scale utilization of natural resources: fishermen
4. Autonomy Provision
6. Service contracts- only with respect to minerals, petroleums
5. Evident purpose of law.
and other mineral oils.
• YAYS AND NYAYS ARE ONLY REQUIRED
1. Last and final reading of the bill ▪ Technical or financial agreements for largescale
2. Request of 1/5 of the members exploitation etc subject to general terms and
3. Repassing a vetoed bill conditions prescribed by law.
• LEGISLATIVE INVESTIGATIONS ▪ President must notify the Congress.
1. In aid of legislation • CLASSIFICATION OF LANDS OF PUBLIC DOMAINS
2. In accordance with duly published rule 1. Agricultural- ALIENABLE.
3. Rights of persons appearing in or affected shall be respected. 2. Mineral
3. Forest/ Timber
Article 7: Executive Department 4. Natural Parks
• EXECUTIVE PRIVILEGE • REGISTRATION OF RECLAIMED LAND AS PRIVATE PROPERTY
1. Involves military, diplomatic, national security 1. Land has been classified as alienable.
2. Internal deliberations 2. Show proof of having acquired the property.
3. Information between inter-government agencies prior to the ▪ Inalienable land cannot be acquired by prescription.
conclusion of treaties and executive agreements. • CONDITIONS ON SERVICE CONTRACTS
4. Discussions in closed-door meetings. 1. Contract must be crafted in accordance with a general law
5. Identity of persons who furnish information of violations of 2. President must be the signatory for government
law. 3. President must report the executed agreement to Congress.
Article 8: Judicial Department • WHO MAY ACQUIRE PRIVATE LANDS?
1. Filipino citizens
• LIMITS ON POWER TO PROMULGATE RULES 2. Filipino corporations and associations.
1. Simplified and inexpensive procedure for speedy disposition of 3. Aliens, through hereditary succession.
cases
2. Uniform for all courts of the same grade
3. Not diminish, increase, modify substantive rights. Article 16: General Provisions
• SUIT AGAINST THE STATE
1. Republic is sued by name
2. Unincorporated government agency
3. Against a government officer but liability will belong to
Article 12: National Economy and Patrimony government
• CONVERSION OF PUBLIC TO PRIVATE LAND • CONSENT TO BE SUED
1. Purchase 1. Implied
2. Grant ▪ Private contract unless merely incidental
• LIMITATIONS ON JURA REGALIA OF THE STATE ▪ Business operation
1. Only agricultural lands of public domain may be alienated ▪ State sues a private party
▪ Contract propriety in character
2. Express- law granting authority

Article 17: Amendments and or Revisions


• CONSTITUENT POWER
1. Congress by special constitutional conferment
2. Constitutional Convention/Commission
3. People through initiative and referendum
4. Sovereign electorate.
• ESSENTIAL REQUISITES FOR RATIFICATION
1. Election conducted under election law
2. Supervised by COMELEC
3. Only franchised voters may take part.

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