Summary Outlinecconstitutional Law 1

CONSTITUTIONAL LAW 1 CHAPTER II CONSTITUTIONAL HISTORY

CHAPTER 1 GENERAL CONSIDERATION Political Law - Branch of public law - Deals with the organization and operations of the governmental organs of the State - Defines the relations of the State with the inhabitants of its territory. - (PEOPLE VS. PERFECTO, 43 Phil. 887)

1897 REPUBLIC OF BIAK NA BATO - Nov 1, 1897 – Drafted/Signed - Cuban Constitution - Only Katipuneros are to vote - Basic Human Rights Freedom of Religion Freedom of Press Right to Education - Emilio Aguinaldo President

SCOPE OF POLITICAL LAW

1899 MALOLOS CONSTITUTION - Jun 12, 1898 – Independence - Dec 10, 1898 – Treaty of Paris - Jan 21, 1899 – Promulgated/Ratified - 1st Republican Constitution - KKK – ignited this constitution - Advocated for violence to overthrow Spaniards - Sovereignty resides to people - Basic Civil Rights Separate Church/State Assembly of Representatives to act as legislative body

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Constitutional Law Administrative Law Law of Public Officers Law on Public Corporation Election Law

CONSTITUTIONAL LAW - Study of Structures/Powers of the Gov’t of the Phil. - Includes certain Basic Concepts of Political law

BASIC CONCEPTS OF POLITICAL LAW A. NATURE OF THE STATE - Elements of the state B. SUPREMACY OF THE CONSTITUTION - Law which other laws must conform C. -

SEPERATION OF POWERS Kept Distinct to prevent abuse of power Political Doctrine Legislative Executive Judicial Branches of Gov’t

REASONS TO STUDY CONSTITUTIONAL LAW - ACADEMIC PRE REQUISUTE Every citizen should understand the mechanisms/ motivations of his Gov’t (A2 S1 1987 Constitution -

PUBLIC INVOLVEMENT OF FILIPINOS Civic Duty

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PERSONAL BENEFIT Know your rights

1935 COMMONWEALTH CONSTITUTION - Nov 15 – Full force/Effect - May 14 – Ratified through Nat’l Plebiscite by Filipinos - Acts Happened - 3rd Republic - Unicameral Assembly –Bicameral Congress (Senate – HR) - Pres. Term Limit – 6yrs No reelect to 4yrs - Military Civilian Govt - Mar 11, 1947 – Amended - Gov. Howard Downey Jr. (Military abusive to Filipinos)

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1943 CONSITUTION SEPT 7 – Ratified by KALBAPI 2ND Republic Authoritarian Japanese WWII Legislature – Appointed not Elected Jose Laurel Appointed Pres 1973 CONSTITUTION JAN 17 – Proclaimed in force by Marcos OCT 16-17 – Amended by Citizen Assembly 4th Republic Unitary Dominant Party

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Tolitarian Military Civic Rule Authoritarian Presidential System Power Hand of Pres.

1986 FREEDOM CONSTITUTION - MAR 25 – Promulgated by Pres. Proclamation No. 3 ( New Cons) - Provisional Constitution - Revolutionary Govt/Democratic Rule - Basic Rights Providing Orderly Transition in Govt Fundamental Freedoms - Democratic Rule - Pres. Corazon Aquino 1987 CONSTITUTION - Feb 2 to present - Republic of The Phil - Unitary Presidential - Constitutional Republic - 1986 Constitutional Republic - Feb 8 – Ratified through Nat’l Pleb

4 ELEMENTS OF THE STATE A. PEOPLE - Inhabitants of the state B. TERRITORY - Fixed Portion of the surface earth - Inhabited by the people of the state C. SOVEREIGNTY - Supreeme and Uncontrollable power inherent in a state by which that state is governed - Voluntarily agreed to by the phil expressly/Impliedly as a manner of the fam of nations D. -

CHAPTER III CONCEPT OF THE STATE -

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STATE Community of persons permanently occupying a fixed territory Independent Gov’t organized for political ends Legal Concept ACT OF STATE Act done under the authority of Sovereign Power NATION Relation of Birth or Origin Implies a common race Characterized by a community of language and Customs Racial/Ethnic Concept

GOVERNMENT Promote welfare of people Aggregate institutions Carries those rules of action Agency/Instrumentality through the will of state is Formulated, Expressed, Realized Permanent GOVERNMENT FUNCTIONS

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A. CONSTITUENT FUNCTIONS Constitute the bonds of society Mandatory Peace and Order Property of Rights Administration of Justices Political Duties of Citizens National Defense Foreign Relations B. MINISTRANT FUNCTIONS To advance the general interest of society Optional Public Works Public Education Public Charity Health and Safety Regulations Trade and Industry

DOCTRINE OF PARENS PATRIAE - Father Country - Persons under Disability - Govt task to act as guardian of the rights of the people - Inherent in supreme power of every state

DE JURE GOVERNMENT - TO SUPPORT

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Has People’s Support TO BASIS Ordained by law/Organized Govt TO TITLE Has rightful title TO CONTROL No Power, No Control

DE FACTO GOVERNMENT - TO SUPPORT Has People’s Tolerance - TO CONTROL Exercise Power/ Govt of fact - TO TITLE - Without Legal Title 3 KINDS OF DE FACTO GOVERNMENT A. Gets possession and Control of by force B. Independent Govt inhabitants of a country who rise in insurrection against Parent State C. Established / Maintained by Military forces invade/ occupy a territory of the enemy in course of war dominated as a govt of paramount force USUPATION - DOER – Govt/ House of commissions - AGAINST – Rightful legal Govt INSURRECTION - DOER – Inhabitants - AGAINST – Parent State/ Union - Southern Confederancy INVASION - Intrusion into another’s domain - DOER – Military Forces - AGAINST – Enemy ( Times of War) GOVERNMENT OF THE PHIL ADMINISTRATION - Group of persons Hands reins of Govt are for time being - Runs the Govt - Transitional KINDS OF SOVEREIGNTY A. LEGAL SOVEREIGNTY - Power to issue final commands - Translated into laws

B. POLITICAL SOVEREIGNTY - Power behind legal sovereign - Sum of the forces/ public opinion influences that operate upon it - Voters/Media/Religion Sectors/Youth C. INTERNAL SOVEREIGNTY - Legitimacy - Power to control domestic affairs D. EXTERNAL SOVEREIGNTY - Independence - Power to direct relations with other state CHARACTERISTICS OF SOVEREIGNTY A. PERMANENT - Changes in govt doesn’t affect its continuity - So long state lasts sovereignty last B. EXCLUSIVE - Only one sovereignty in a state C. COMPREHENSIVE - Sovereignty has jurisdiction over all persons/ things/ associations/ groups within state D. ABSOLUTE - No other power higher than state E. INDIVISIBLE - Can’t be divided into parts F. INALIENABLE - State cant transfer sovereignty without its own death G. IMPRESCRITIBLE - Sovereignty can never be taken away by ratification/Lapse of time DOMINIUM - Capacity of state to own property - REGALIAN DOCTRINE Anyone who claims title must show ownership IMPERIUM - States authority to govern - Covers activities such as  Passing laws  Governing Territory - Maintaining Peace and Order - Defending against foreign invasion - Enjoys Sovereign Community

(Performance of Ministerial Duty) JURISDICTION - Manifestation of Sovereignty - STATES JURISDICTION  Authority  Sphere of Exercise of that authority

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- Allegations in the complaint is clear Respondent is a public officer sued in private capacity -

KINDS OF JURISDICTION

Action is not personam with the Govt but action in Rem doesn’t name the govt in particular

A. TERRITORIAL - Authority of the State  To have all personal things within its territorial limits  To be completely subject to its control and protection

STATES CONSENT TO BE SUED

B. PERSONAL - Authority of State  Over its nationals/their Persons, property and acts  Article 15 Civil Code

EMBODIED IN A GENERAL LAW - Authorizes any person who meets conditions stated in the lawto sue govt in accordance with procedures in the law

C. EXTRA TERRITORIAL - Authority of state  Over persons/ things/Acts  Outside its territorial limits  By reason of their effects to its territory

SPECIAL LAW - May come in form of Private Bill authorizing individual to bring suit on a special claim (A21 1987 Cons)

SUITS AGAINST STATE THE DOCTRINE OF SOVEREIGN IMMUNITY -

State Can’t be sued without its consent (A16 S3 1987 Cons)

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DOCTRINE OF ROYAL PREGORATIVE OF DISHONESTY No legal right as against authority that makes the law which the right depends - State Amenable Suits All time defending itself spent prevents it from performing its functions - PROCEDURES ADVERSE CONSEQUENCE TO Public Treasury in terms of disbursement of public funds Loss of Govt Property -

Cant prosper unless state has given its consent

SUITS NOT AGAINST THE STATE -

Purpose of suit is to compel an officer charged with the duty of making payments appreciated made by law

EXPRESS CONSENT - Effected only by the will of legislature through medium of a duty enacted statute

IMPLIED CONSENT - States enters into a business contract or commences litigation JURE GESTIONIS - State is only liable for proprietary acts - States take private property for public purposes LIABILITY ATTACH GOVERNMENT – Only liable for the acts of agents, officers, Employees when they act as special agents Doctrine of constitutional supremacy? - if a law or contract violates any norm of the constitution - that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes - Is null and void and without any force and effect. Requisites for the exercise of “people’s initiative” to amend the Constitution?

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It is provided under Section 2, Art. XVII of the Constitution

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Which provides that “Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voter therein.” The Congress shall provide for the implementation of the exercise of this right.

May the question “Do you approve the amendment of Articles VI and VII of the 1987 Philippine Constitution changing the form of government from Presidential-Bicameral to Parliamentary-Unicameral” be allowed to be submitted to the people for their ratification or rejection as a means of amending the Constitution by people’s initiative if the requisite number of signatories (12% nationwide and at least 3% for every legislative district) are met? - No for two (2) reasons.

Requisites before an amendment to the Constitution by “people’s initiative” is sufficient in form and in substance -

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1. The said “proposal” did not indicate which provisions of Articles VI and VII are actually being amended which is a must under Section 2, Art. XVII. Otherwise, who shall make the amendments if the people in a plebiscite approve the same 2. Changing the form of government from presidential to parliamentary is an act of REVISING the Constitution which is not allowed under Art. XVII, Section 2. People’s initiative may only be allowed to propose amendments to the Constitution, not revision.

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The people must author and must sign the entire proposal No agent or representative can sign for and on their behalf As an initiative upon a petition, THE PROPOSAL MUST BE EMBODIED IN A PETITION. These essential elements are present only if the full text of the proposed amendments is first shown to the people who will express their assent by signing such complete proposal in a petition. Revision of the Constitution is the alterations of the different portions of the entire constitution It may result in the rewriting whether the whole constitution, or the greater portion of it, or some of its important provisions. The factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the Constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one.

Amendment of the Constitution Envisages a change or only a few specific provisions. The intention is to improve specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete, or dangerous, or misleading in their effect.

May Congress propose amendments to the Constitution while at the same time calling for a

Constitutional Convention to amend the Constitution? - Yes, there is no prohibition for Congress to propose amendments to the Constitution and at the same time call for the convening of a Constitutional Convention to amend the Constitution. - The word “or” in the provision “ Congress, upon a vote of ¾ of all its members - Or A constitutional Convention” under Section 1, Art. XVII also means “AND”. “Doctrine of Proper Submission” in connection with proposed amendments to the Constitution - All the proposed amendments to the Constitution shall be presented to the people for the ratification or rejection at the same time, not piecemeal.

Archipelagic doctrine or archipelago theory - It is the 2nd sentence of Section 1, Art. I of the Constitution - Which states that “the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” Kind of government was the “Aquino Government” after former President Marcos left Malaqcanang for Hawaii due to the EDSA Revolution in February 1986. - De jure government. - A government formed as a result of a people’s revolution, is considered de jure if it is already accepted by the family of nations or other countries like the United States, Great Britain, Germany, Japan, and others. Postliminy theory or jus postliminium -

When a foreign power occupies a state and exercises the powers of government

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the political laws of the said state are deemed automatically suspended But the former government automatically comes to life and will be in force and in effect again upon the reestablishment of the former government

Doctrine of sovereignty as “auto limitation” - Is the property of a state-force due to which it has the exclusive capacity of legal self-determination and selfrestriction

“Incorporation theory” or the “Incorporation Clause” of the Constitution? - It is the principle embodied in Section 2, Article II of the Constitution - Which states that The Philippines adopts the generally accepted principles of international law as part of the law of the land May a citizen refuse to render personal military service/training because he does not have military inclination or he does not want to kill or be killed? - No, as held in PEOPLE VS. LAGMAN, 66 Phil. 13. - The appellant’s argument that he does not want to join the armed forces because “he does not want to kill or be killed” and that “he has no military inclination” - Is not acceptable because it is his obligation to join the armed forces in connection with the “defense of the State” provision of the Constitution. The “separation of church and state” a myth or a reality -

It is a reality as shown by the following provisions of the Constitution. ART. III, Sec. 5 ART. VI, Sec. 28 (3) ART. VI, Sec. 29. (2) ART. IX, C, 2(5) ART. XIV, Sec. 3(3)

The national territory of the Philippines comprises: -

The Philippine archipelago With all the islands and waters embraced therein And all other territories over which the Philippines has sovereignty or jurisdiction

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Consisting of its 1. Terrestrial 2. Fluvial 3. Aerial domains - Including its 4. Territorial sea 5. The seabed 6. The subsoil 7. The insular shelves; and 8. The other submarine areas - The waters 9. Around 10. Between and 11. Connecting 12. The islands of the archipelago Regardless of their breadth and dimensions Important distances with respect to the waters around the Philippines 1. Territorial sea 12 nautical miles 2. Contiguous zone 12 nautical miles from the edge of the territorial sea 3. Exclusive economic zone 4. 200 nautical miles from the baseline of Territorial sea and Contiguous zone