CONSTITUTIONAL LAW I I. INTRODUCTION A. General Principles 1.

Political Law Defined - Branch of public law which deals with the organization and operation of governmental organs of the state and defines the relations of the state with the inhabitants of its territory. - Branch of public law which deals with relations of people and the government. 2. Scope/Division of Political Law a. Scope b. Subdivisions - Law of Public Administration - Constitutional Law - Administrative Law - Law of Public Corporations 3. Constitutional Law Defined - Study of the maintenance of the proper balance between authority represented by the three inherent powers of the state and liberty as guaranteed by the Bill of Rights. (Cruz, Constitutional law). 4. Constitution Defined; Purpose; Classification; Qualities of a good written constitution; Interpretation/construction a. Constitution - Body of rules and maxims in accordance with which the powers of sovereignity are habitually exercised. (Cooley) b. Purpose - To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded. c. Classification i. Rigid - One that can be amended only by a formal and usually difficult process ii. Written

d.

e. f.

g.

h.

One whose precepts are embodied in one document or set of documents. iii. Conventional/enacted - Enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler. Qualities of a Good Written Constitution i. Broad - It provides for the organization of the entire government and covers all persons and things within the territory of the state and also because it must be comprehensive enough to provide for every contingency. ii. Brief - It must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend iii. Definite - To prevent ambiguity in its provisions which could result in confusion and divisiveness among the people. Interpretation/Construction Constitutionalism Explained; Supremacy of the Constitution i. Constitutionalism - Refers to the position or practice that government be limited by a constitution. ii. Supremacy of the constitution Amendment vs. Revision; Steps i. Amendment ii. Revision iii. steps Basis of the Study: 1987 Philippine Constitution

B. Brief Constitutional History 1. Malolos Constitution 2. Philippine Bill of 1902 (Treaty of Paris) 3. Jones Law of 1916 (Autonomy) 4. Tydings-Mc Duffie Act of 1934 (Philippine Independence Act) 5. 1935 Constitution 6. 1973 Constitution (Martial Law) 7. 1987 Constitution: Adoption; Effectivity

II.

THE PHILIPPINES AS A STATE A. Definition of a State as Distinguished from Nation and Government a. State - Refers to a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control and possessing an organized government to which the great body of inhabitants render habitual obedience. b. Nation c. Government - The institution through which the state exercises power. B. Elements of a State a. People - 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. b. Territory - The fixed portion of the surface of the earth inhabited by the people of the state. c. Sovereignity - The supreme and uncontrollable power inherent in a state by which that state is governed. *kinds of sovereignity 1. Legal - (Cruz) it is the authority which has the power to issue final commands. In our country the Congress is the legal sovereign. 2. Political - sum total of all the influences of a state, legal and non-legal which determine the course of law. 3. Internal - it refers to the power of the state to control its domestic affairs. - it is the supreme power over everything within its territory. 4. External (also known as independence) - freedom from external control. - the power of the state to direct its relations with other states.  characteristics of sovereignity 1. permanent

2. 3. 4. 5. 6. 7.    

exclusive Comprehensive absolute indivisible inalienable imprescriptable effects of change in sovereignity effects of belligerent occupation imperium vs dominium jurisdiction - the manifestation of sovereignity. - Understood as both its authority and the sphere of exercise of that authority. *Kinds of Jurisdiction  Territorial jurisdiction - Authority of the state to have all persons and things within its territorial limits to be completely subject to its control and protection.  Personal jurisdiction - Authority of the state over its nationals, their persons, property and acts whether within or outside its territory.  Extra-territorial jurisdiction - Authority of the state over persons, things, or acts, outside its territorial limits by reason of their effect to its territory. juristic theory of sovereignity sovereignity resides in the people

 

d. Government - Institution or aggregate institution 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. - The government of the republic of the Philippines is a term which refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippine islands, including, save as the contrary appears from context, the various arms through which political authority is made effective in said

islands, whether pertaining to the central government or to the provincial or municipal branches or other form of the local government. On the national scale, the term government of the Philippines refers to the three great departments. Government vs administration  Government - The institution through which the state exercises its power.  Administration - Consists of the set of people currently running the institution.

*Functions of the government y Governmental (constituent) - The compulsory functions which constitute the very bonds of society. y Propriety(Ministerial) - Optional functions of the government for achieving a better life for the community. Doctrine of parens patriae Classification of government on the basis of legitimacy

III.

THE DOCTRINE OF STATE IMMUNITY: Royal Prerogative of Dishonesty A. Basis B. Immunity Enjoyed by other States C. Test to determine if suit is against the state D. Suits Against Government Agencies E. Suits Against Public officers F. Waiver of Immunity G. Forms of Consent H. Scope of Consent I. Exemption from Legal Requirements J. Suitability versus Liability CITIZENSHIP A. General Principles B. Citizens of the Philippines C. Naturalization D. Loss and Reacquisition of Philippine Citizenship

IV.

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PRINCIPLES AND STATE POLICIES A. Preamble B. Republicanism; Manifestations C. Renunciation of War; Incorporation Clause D. Civilian Supremacy E. Duty of Gov t., people to defend the state F. Separation of Church and State G. Independent Foreign Policy and Nuclear-free Philippines H. Just and Dynamic Order I. Promotion of Social Justice J. Respect for Human Dignity and Human Rights K. Family and Youth L. Fundamental Equality of Men and Women M. Promotion of Health and Ecology N. Priority to Education, science and technology, etc O. Protection to Labor P. Self-reliant and independent economic order Q. Role of Private sector, ngo s, independent Po s R. Land Reform S. Indigenous Cultural Communities T. Communications and Information in nation-building U. Autonomy of Local Governments V. Equal Access of opportunities for public service W. Honest Public Service and Full Disclosure

VI. VII. VIII. IX. X. XI. XII. XIII.

DOCTRINE OF SEPARATION OF POWERS DOCTRINE OF NON-DELEGATION OF POWERS CONGRESS OF THE PHILIPPINES THE EXECUTIVE DEPARTMENT THE JUDICIARY DEPARTMENT NATIONAL ECONOMY AND PATRIMONY SOCIAL JUSTICE AND HUMAN RIGHTS EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND SPORTS XIV. GENERAL PROVISIONS