Constitutional Law I Reviewer

CONSTITUTIONAL LAW I REVIEWER

is the definition and limitation of power (landmark case of Yick Wo v. Hopkins)

FUNDAMENTAL PRINCIPLES AND STATE POLICIES

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SECTION 1, ARTICLE II - REPUBLICANISM “The Philippines is a democratic and republican State. The sovereignty resides in the people and all government authority emanates from them.” 1.

SECTION CLAUSE

Democratic 

Government by the people

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The citizens have a participation in the affairs of the government e.g. right to information on matters of public concern, including the right to know the state of health of their President and people’s initiative.

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The people have the right to interfere in the affairs of the government and challenge any act of it if it affects or prejudices the interest of the public e.g. right to file cases questioning the factual bases for the suspension of writ of the privilege of writ of habeas corpus or declaration of martial law.

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The State shall, establishment of mechanisms.

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International Laws can form part of the law of the land either by transformation or incorporation. 

TRANSFORMATION: The international law becomes part of the law of the land through legislative mechanism such as local legislation. One example is the treaty or international agreements where it will only become valid and effective upon the concurrence of at least twothirds (2/3) of all the members of the Senate in accordance with Article VII, Section 21 of the Constitution.

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INCORPORATION: International law becomes part of the law of the land through constitutional declaration.

Republican

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The citizens or people will select a public official who will serve for a limited period only whose duty is to serve and discharge his public functions in accordance with the Constitution and to promote the general welfare in accordance with the will of the people themselves. 

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INCORPORATION

Incorporation Clause or Doctrine of Incorporation

Page 89 of Cruz Political Law.

The essence of Republicanism REPRESENTATION AND RENOVATION.

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By reason of its membership in the family of nations, The Philippines incorporates or adopts generally accepted principles of international law as part of its own laws and has applied such rules of international law in resolving domestic conflicts or numerous cases even if such rules have not been previously converted into statutory enactments.

by law, facilitate the adequate consultation

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2, ARTICLE

“The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.”

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In Villavicencio v. Lukban, the Mayor of Manila deported one hundred seventy (170) prostitutes from Manila to Davao for his desire to protect the morals and health of the people. The Supreme Court in this case condemned his act there being no law or ordinance which authorizes it.

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Will pertains to the rule of the majority or the greater number of the people. Exception to the majority rule is where the law so provides such as (1) in case of election, the winner is the one who obtained the highest number of votes, (2) in case of three-cornered election, (3) in case of suspension of a member of the congress where 2/3 of the vote of the members of the house where he belongs is required, (4) in case when unanimous decision is required such in Sandiganbayan, and (5) if one is protected by the Bill of Rights, the lone individual is in fact the “majority one”.

Every official act must be based upon and conform to the authority of a valid law. Nobility of intention is insufficient to validate an unauthorized act (Villavicencio v. Lukban); Law

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A ratified treaty as opposed to an executive agreement takes precedence over an existing law or statute.

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In Mijares v. Ranada, generally accepted principles of international law forms part of the law of the land and has a force of law by virtue of the incorporation clause even if they do not derive from treaty obligations.

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In Kuroda v. Jalandoni, the Supreme Court ruled that we are bound by the convention even if we are not a signatory thereof because it embodies generally accepted principles of international law.

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Generally accepted principles of international law can also be relied upon to interpret municipal laws or issuances.

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In case of conflict between the municipal law and the international law, the conflict should be harmonized first in a manner that both can be given effect or that it would not violate the international law. If the conflict is

irreconcilable, the municipal law or domestic law can be invalidated on the ground of rule on pacta sunt servanda where generally accepted principles of international law or treaties should be observed in good faith. However, the domestic or municipal law must be upheld under the following circumstances: 

If the law is a valid exercise of police power – an exercise of police power cannot be bargained away through the medium of treaty;

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On the basis of the doctrine of separation of powers; and,

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SECTION 4, ARTICLE II - THE DEFENSE OF THE STATE “The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State, and in the fulfillment thereof, all citizens may be required under conditions provided by law, to render personal military service or civil service.” 

The Government can only exercise its duty to protect the people through an army. As such, it may compel the citizens to render military service because if it will leave the organization of an army to the will of the people, it can be excused from the exercise of its duty if the number of citizens who will volunteer will be insufficient.

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C.A. No. 1 otherwise known as National Defense Act or Law which requires rendering of compulsory military service is not in violation of the provisions of the Constitution, but rather in compliance therewith.

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In People v. Lagman and People v. Zosa, the accused were charged with and convicted of refusal to register for military training as required by National Defense Act.

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The right of the Government to compel or require compulsory military service is a consequence of its duty to defend the State.

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In Jacobson v. Massachusetts, without violating the Constitution, a person may be compelled by force, if need be, even if it is against his will, pecuniary interests, or even against his religious or political convictions, to render military service to defend the State.

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What justifies compulsory military service is the defense of the State, whether actual or whether in preparation to make it more effective, in case of need.

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The duty to defend the State is imposed upon all citizens, including women. The military service or civil service must be personal. This precludes the rich from hiring professional soldiers to take their place in defense of the State. For those who have sincere religious convictions about taking of human lives or those who have no military inclinations, accommodations can be made, such us assigning them to non-combat or civil duties.

Under the rule-making power of the Supreme Court.

The renunciation of war pertains to offensive war and not the defensive war. This is supported by Article VI, section 23(1) of the Constitution where the Congress is empowered to declare not of war but the existence of war that is presumably commenced by the enemy state. The last paragraph pertains to the commitment of the Philippines to the law of nations. SECTION 3, ARTICLE II - SUPREMACY OF CIVILIAN AUTHORITY

“The civilian authority is at all times supreme over the military. The Armed Forces of the Philippines is the protector of the people and of the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.” 

Supremacy of the civilian authority

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The President, a civilian, is the nation’s supreme military leader.

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Such provision is provided under the Constitution to serve as a guide or reminder that the civilian authority is supreme over the military to alleviate or lessen the fear that the military, being the physically strongest single institution in the country, would take-over the civilian government.

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This provision should be read in relation with Article VII, Section 18 (Military Powers of the President) wherein it provides that the President is the Commander-in-Chief of the Armed Forces of the Philippines. As such, the President has the following powers and authority as provided under the Constitution:

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May direct the military operation and military strategy. Because the Constitution does not require that the President must obtain any military skills, normally the President delegates this to military experts;

To confirm, mitigate, and remit sentencing of erring military personnel.

SECTION 5, ARTICLE II – PEACE AND ORDER

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“Maintenance of peace and order, protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of the democracy.”

May command the movement of naval and military forces;

SECTION 6, ARTICLE II – SEPARATION OF CHURCH AND STATE

Prevent the military personnel from testifying before legislative inquiries; and,

“The separation of Church and State shall be inviolable”

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The rationale for this provision is to prevent the encroachment with regard to exclusive jurisdictions between the two institutions.

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The union between the two institutions would tend to destroy the government and degrade the religion.

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The Church cannot interfere with purely secular matters same as the State cannot interfere with purely ecclesiastical matters.

positions in life, are equally deserving of protection from the Court. The Court rules and decides every case based on established facts and applicable laws and doctrines. The objective of these laws is to provide protection and to promote the general welfare of the people.  

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SECTION 9, ARTICLE II

Ecclesiastical matters refer to those matters with religious color or anything that has to do with religion e.g. those that have to do with faith, practice, doctrine, form of worship, ecclesiastical law, custom and rule of a church and having reference to the power of excluding from the church those allegedly unworthy if membership. These matters are outside the jurisdiction of the Court and therefore, the Court must respect it and cannot review it.

“The State shall promote a just and dynamic social order that will ensure prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising of the standard of living, and an improved quality of life for all.” SECTION 10, ARTICLE II “The State shall promote social justice in all phases of national development.”

The separation between the Church and State is not a wall of hostility. In fact, the State recognizes the beneficial influence of religion in the enrichment of nation’s life. SECTION 7, ARTICLE FOREIGN POLICY

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SECTION 11, ARTICLE II – HUMAN RIGHTS “The State values the dignity of every human person and guarantees full respect for human rights.”

INDEPENDENT

SECTION 18, ARTICLE II – LABOR “The State pursues an independent foreign policy. In its relation with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and right to self-determination.”

“The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.”

SECTION 8, ARTICLE II – FREEDOM FROM NUCLEAR WEAPONS

SECTION 21, ARTICLE II – COMPREHENSIVE AGRARIAN REFORM

“The Philippines, consistent with national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory.”

“The State shall promote comprehensive development and agrarian reform.” 

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The provisions of section 7, Article II manifests the fear of the State from any foreign denomination.

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In Province of North Cotabato v. the Government of the Republic of the Philippines Peace Panel on Ancestral Domain, the Supreme Court discussed the meaning of right to self-determination.

rural

In Association of Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, the Supreme Court stated, “xxx At last, his servitude will end forever. At last, the farm on which he toils will be his farm.”

REARING THE YOUTH SECTION 12, ARTICLE II

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Self-determination pertains to right of the State to determine their political status and to freely pursue political, economic, social, and cultural development.

“The State recognizes the sanctity of family life and shall protect and strengthen the family as the basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of the parents in rearing of the youth for civic efficiency and development of moral character shall receive the aid and support of the Government.”

It further stressed that internal self-determination pertains to people’s right to pursue political, economic, social, and cultural development while external self-determination pertains to establishment of a sovereign and independent State, free association and integration with an independent State, and emergence of any other political status freely determined by the people.

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Proper recognition is given to the complementary roles of the parents and government in the rearing of the youth for the principal purpose of civic efficiency and development of moral character.

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The State cannot interfere with natural and primary right and duty of the parents in rearing their children. However, the State can regulate it through the exercise of police power.

SOCIAL JUSTICE 

The laws that have in their object the promotion of social justice do not intend to favor the poor and underprivileged, because these laws also apply equally to those who, despite their comfortable

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In Meyer v. Nebraska, The Supreme Court stated that it is incompetent for the Government to prohibit the teaching of the German language to students between certain age levels since there is nothing inherently harmful in the language that will impair the upbringing of the child and in fact such a subject could improve his academic background. In Pierce v. Society of Sisters, a law prohibiting the establishment of private schools and in effect confining the education of the youth to public institutions of learning was also annulled because it would standardize the thinking of the children, who, according to the court, were not “creatures of the State.” There is also nothing that inhibits the government from prescribing or prohibiting certain courses in the various school curricula intended to improve the education of the students e.g. the legislature now requires the teaching of the novels of Rizal for the purposes of inculcating his virtues and ideals to the students.

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To cite Justice Laurel again, the keynote of conduct of the various agencies of the government under the doctrine of separation of powers, as properly understood, is not independence but interdependence.

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Blending of Powers

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There are instances under the Constitution when powers are not confined exclusively within one department, but are assigned or shared by several departments resulting to “blending of powers” as it is called. 

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It is often necessary for certain powers to be reposed in more than one department so that they may better collaborate with and, in the process check each other for the public good.

Policies for abortion are taken into consideration. In Continental Steel Manufacturing Corporation v. Montano, the Supreme Court declared that unborn child can be considered an independent and that the term child can be understood to include the unborn fetus in the mother’s womb.

An illustration of such coordination is the enactment of the general appropriations law, which begins with the preparation by the President of the budget, which becomes the basis of the bill adopted by the Congress and subsequently submitted by it to the President, who may then approve it.

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Another is the grant of amnesty by the President, which requires the concurrence of a majority of all the members of the Congress.

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The Commission on Elections does not alone deputize law-enforcement agencies and instrumentalities of the government for the purposes of ensuring free, orderly, honest, peaceful and credible elections but does so with the consent of the President.

“It shall equally protect the life of the mother.” Laws on divorce are taken into consideration. SEPARATION OF POWERS

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e.g. the power of appointment, which can be rightfully exercised by each department over its own administrative personnel.

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Indeed, it has been ruled that “courts cannot limit the application or coverage of a law, nor can it impose conditions not provided therein.” “To do so,” according to the Supreme Court, “constitutes judicial legislation.”

“It shall equally protect the life of the unborn from conception.”  

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them and the judiciary to the application of laws and may not enact or enforce them.

As such, the State can help the parents in upbringing their child by enforcing educational policies to the educational institutions as schools are under their supervision and control.

Under the principle of separation of powers, neither the Congress, the President, nor the Judiciary may encroach on fields allocated to the other branches of government. The doctrine of separation of powers is intended to prevent a concentration of authority in one person or group of persons that might lead to irreversible error or abuse in its exercise to the detriment of our republic institutions.

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Checks and Balances

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The exercise of authority is not itself an arrogation in as much as it is the Constitution itself that provides for this system of counteraction. 

The theory is that the ends of the government are better achieved through the exercise by its agencies of only powers assigned to them, subject to the reversal in proper cases by those constitutionally authorized.

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Illustrations:

The principle of separation of powers ordains that each of the three great branches of government exclusive cognizance of and is supreme in matters falling within its own constitutionally allocated sphere. 

To achieve these purposes, the legislature is generally limited to the enactment of law and may not enforce or apply them; the executive to the enforcement of laws and may not enact or apply

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The lawmaking power of the Congress is checked by the President through his

veto power, which in turn may be overridden by the legislature. 

The President may nullify a conviction in a criminal case by pardoning the offender.

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The Congress may limit the jurisdiction of the Supreme Court and that of inferior courts and even abolish the latter tribunals. For the Judiciary in general, it has the power to declare invalid an act done by the Congress, the President and his subordinates, or the Constitutional Commissions.

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The Role of the Judiciary

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While it is the role of the Judiciary to see whether the distribution of powers among the several departments is respected and observed, this does not mean that it is superior to the other departments.

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What it is upholding is not its own supremacy but the supremacy of the Constitution.

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The test to determine whether a given power has been validly exercised by a particular department is: 

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It is a justiciable question if it refers to questions that pertain to compliance with requirements or mandate prescribed by the Constitution or a statute.

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Whether or not the power in question, regardless of nature, has been constitutionally conferred upon the department claiming its exercise. The grant being ascertained, the exercise of the power is sustained.

DOCTRINE OF IMPLICATION 

Even in the absence of an express conferment, the exercise of a given power may be justified under the doctrine of implication.

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It is based on the theory that the grant of an express power carries with it all the powers that may be reasonably inferred from it.

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In Angara v. Electoral Commission, certain rules of procedure promulgated by the respondent were challenged on the ground that they had not been expressly authorized by the 1935 Constitution. The Supreme Court upheld them, declaring that they were necessary to the proper exercise of the express power granted to the body to hear and decide election contests involving members of the legislature.

INHERENT OR INCIDENTAL 

Justiciable and Political Questions

The Congress may refuse to give its concurrence to an amnesty proclaimed by the President and the Senate to a treaty he has concluded.

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Powers which although not specifically granted by the Constitution either expressly or by implication may be justified as inherent or incidental. (p.139 of Consti 1 Cruz)

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The Courts will have jurisdiction to intervene.

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The judiciary in such cases would not be encroaching upon the exclusive functions of another department as it is the particular role of the courts to ensure proper observance of the norms of action prescribed by the Constitution.

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A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law for said breach of right.

But where the matter falls under the discretion of another department or especially the people themselves, the decision reached is in the category of a political question and consequently may not be the subject of judicial review. 

The determination of what constitutes disorderly behavior is a political question and therefore not cognizable by the courts.

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But the disciplinary measure may nonetheless be disauthorized if it was supported by less than the required vote. This is a justiciable question.