415607437 Constitutional Law Transcript EH308 PDF

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FOR EH 308 (LLB) USE ONLY Transcribed by: España Date: AUGUST 14,2018 POLITICAL LAW ➢ is a branch of public law which deals with the organization, and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory [People v. Perfecto, 43 Phil. 887; Macariola v. Asuncion, 114 SCRA 77] ➢ First subject taken in the Bar exam for 4 Sundays. ➢ POLITICAL comes from the Greek word “Polis” (City/state) (eg. Republic of the Philippines – modern times) ➢ It is a study about the “State” and when you study about the state, you study about “group of people” more or less with numerous tiny definite proportions of territory having a government to which they render habitual obedience and enjoys sovereignty. ELEMENTS OF STATE: (According to Isagani Cruz’s book Political Law) 1. People 2. Territory 3. Government 4. Sovereignty When you study all of these elements, you will learn to know the following: ➢ How do “People” participate in the state affairs? ➢ What justifies their participation in governmental affairs? PEOPLE ➢ “inhabitants of the state”. ➢ are those who established the functionaries and consequently established the agencies. These functionaries are the one who procreate them. For people to participate in that governance, he has to be a member of that political community. ➢ Citizenship: membership that people referred to. ➢ Citizen – title referred to a “member/person” of a citizenship. Constitutional Law I: study about “Who are the citizens of the Philippines?” under Art. 4 of 1987 Constitution

Consti I | Judge Estela Alma Singco |S.Y. 1st sem (2018

ART 4 (Citizenship) Section 1. The following are citizens of the Philippines: [1] Those who are citizens of the Philippines at the time of the adoption of this Constitution; [2] Those whose fathers or mothers are citizens of the Philippines; [3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and [4] Those who are naturalized in accordance with law. TERRITORY ➢ fixed portion of the surface of the earth inhabited by the people of the state. ➢ CANNOT be a “State” WITHOUT a TERRITORY because where will you put up your governmental agencies and structures, and who are you going to govern if there is no definite portion of an area or a phase where you can enact it? In Constitutional Law I, you study about “National Territory”. Especially now, that Philippines have a controversy regarding the “disputes of land” Over Scarborough Shoal and recently, over Benham Rise to China. ART.1 (Definition of “National Territory”) NATIONAL TERRITORY ➢ The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. 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. GOVERNMENT ➢ agency or instrumentality in which the will of the state is formulated, expressed, and realized. ➢ Where authority is being sourced. ➢ The “myth” of your subject matter. ➢ You have conditions on the government like Art. 6 (The Legislative Department), Art. 7 (Executive Department), Art. 8 (Judicial Department), and

1|Page Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo? LABAN LAN LANG. G.

FOR EH 308 (LLB) USE ONLY the subsequent provisions in the constitution really need their own defense like the “Constitutional Commission” (Consisting of COA, Civil Service, Commission On Election, Commission of Human Rights, The Ombudsman, and what are the principles governing the relationship between a man, his government offices and the relation WITH inhabitants of the country. WHAT IS THE SUPREME POWER TO DO WITHIN AND OUTSIDE OF THE TERRITORIAL BOUNDARIES? ➢ WITHIN: It is the power of the government to pass laws for the people to obey. ➢ OUTSIDE: It is the freedom of the state from external control or region of inhabitance. SOVEREIGNTY ➢ Supreme and uncontrollable power inherent in a state by which the State is governed. ➢ Part of that authority or the essence of that authority. ASPECTS AND MANIFESTATION OF THE EXERCISE OF SOVEREIGNTY BY THE STATE ➢ Immunity of the state from SUIT because it is SUPREME, therefore it CANNOT BE SUBJECTED to ANY OTHER AUTHORITIES including the authority of the court. This is precisely the reason YOU CANNOT SUE THE STATE because it’s a joint sovereignty and it is sue within. ➢ Also, you have to understand within: WHY ARE YOU ADDRESSED ESPECIALLY DURING ELECTIONS AS “HARING LUNGSOD” ESPECIALLY WHEN YOU ARE A VOTER? ➢ The candidates and the politicians always addressed you when delivering their speeches as “Haring Lungsod”. Hari means “The King” and Lungsod meaning “The State is The King In that community” actually referring to the members of the community as the “Haring Lungsod”. ➢ The Constitution says “ART.2 sec.1 The Philippines is a Republican and a Democratic State. Sovereignty resides in the people and all government authority emanates from them.” ➢ Therefore, people direct today are the “sovereigns”

Consti I | Judge Estela Alma Singco |S Y 1st sem (2018

The Preamble states: “We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. ➢ For if not for your vote, these people in the government could not have yielded the powers, could not have occupy the positions that they are in now and hold these powers of the government. Ultimately, it is the people decide that they should yield the powers in the government. That makes you the source of sovereignty. ➢ What happens now to the “Haring Lungsod” is that they become YOUR KINGS instead of you. They are supposed to be your PUBLIC SERVANTS because the “Haring Lungsod” chose them. Scope of Political Law 1. CONSTITUTIONAL LAW ➢ The study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State and liberty as guaranteed by the Bill of Rights [Cruz, Constitutional Law, 1993 ed., p. 1]. Constitutional Law 2 ➢ It deals with “How to balance with authority on one hand and rights of individuals on the other hand?”. Because this pertains to government limiting the rights of individuals as recognized by bill of rights and at the same time these rights put a limitation on the powers of the state; then constitutional law must be part of political law. ➢ Under Constitutional Law 2, you study about the “Art.3 Bill of Rights”.

2|Page Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo? LABAN LAN LANG. G.

FOR EH 308 (LLB) USE ONLY Art.3 Bill of Rights ➢ Charges of your Liberty that defines the relationship between you, the govern, and the government. ➢ The powers of the government are now absolute, because they are subject to such limitations as maybe imposed by the lines of the people that NEEDS protection. ➢ You also have rights of individuals being regulated by the authority, by the state exercises its powers. 2. ELECTION LAW ➢ How do we choose our government officials? ➢ pertain to the election of the representatives of the government by the people, the limitation on the conduct of election. It has something to do with the government because without election, there cannot be a government or officials in the government 3. LAW ON PUBLIC OFFICERS ➢ When they are chosen, how do they relate with the govern? ➢ What are their duties and responsibilities? 4. ADMINISTRATIVE LAW ➢ Those who are in the Executive Branch, in the different administrative bodies: What are the powers and how do they relate with each other? ➢ deals on how government officials run the government and the extent of the exercise of the powers on how one branch or one department, bureau or agency or instrumentality relates with each other. 5. LAWS ON LOCAL GOVERNMENT OR PUBLIC CORPORATIONS ➢ Study of “How does the Natural government relate with the Local Government?” (That may be changed in the future, because as of now, we only have Local autonomy for Local government are subject to the authority of the “National Government” meaning “they cannot pass laws independent of the “National Government” accdg. To Judge)

Consti I | Judge Estela Alma Singco |S Y 1st sem (2018

➢ Deals on the Study how these states relate with other states. Source of Political Law What is your basis in studying Philippines Political law? What would be your reference? ➢ 1987 Constitution. There are provisions in the Constitution recalled by your study of “Political Law”. ➢ 1987 CONSTITUTION IS NOT THE SOLE SOURCE. IT IS NOT EXCLUSIVE. Because understanding Political Phenomenon, it’s better if you have other sources to refer to because that may not be answered by the 1987 Constitution. Example: ✓ POE vs. COMELEC (Grace Poe Case) ISSUE: Why is Grace Poe Qualified to run as “President” considering the requirements of “Philippine Citizenship” (and not just any ordinary citizenship), but one must be a “Natural bornFilipino Citizen” in running for Philippines Presidency?) ➢ However, she lost the election because she has conceded. (That’s unprecedented, because nobody loses an election just because she proclaims it). ➢ She was described as a “Foundling”- unknown mother and father. (How can you be sure that the parents are Filipino? She could be a Chinese, onlytransit here in the country and gave birth to her) ➢ There is NO DEFINITION of “Foundling” in the Constitution, but NOW it does it state that “A foundling is a Filipino Citizen”. (It’s a HOT ISSUE) ➢ In 1987 Constitution’s definition of “Citizenship” is Limited only for “Those People as such enumerated by that definition. “ ➢ You have to refer what does it means so you have to understand “Why does the Supreme Court refer to that manner and be fair to Grace Poe Llamanzares as a natural born Filipino Citizen?” Q: “Why was the Father (Fernando Poe Jr.) was likely declare as a ‘Filipino Citizen’ when he was born illegitimate to a US Citizen Mother?”

6. PUBLIC INTERNATIONAL LAW

3|Page Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo? LABAN LAN LANG. G.

FOR EH 308 (LLB) USE ONLY ➢ It’s a legitimate fact that “We’re supposed to follow the REALLY KNOWN PARENTS, so to waive the Citizenship”. ➢ The Mother knows that the child is hers, right? So, if she’s not married to the father, then the child usually follows the surname of the mother especially if there’s no evidence that the child was ever acknowledge by his father who is not married to the mother. ➢

Similarly, In Citizenship, if the Mother is Filipino, then the child is illegitimate, and follows the Mother’s Citizenship state.

➢ Take note: The Father (Fernando Poe Jr./Ronald Poe) was NOT MARRIED to the Mother (US CITIZEN). Q: So why was “Grace Poe” considered as a “Natural Born Citizen”? ➢ Because the Constitution states that “Those fathers who are Filipino Citizen”? (But the Father was not married to the mother”?) ➢ Remember, Ronald Poe declared himself as a “Spaniard” when he got married to the first wife. ➢ Do you know that this Roland Poe, whose father is Lorenzo Poe, was a “Full Español” (Mother: mestiza; placed on the birth certificate of Ronald Poe)? Q: How on Earth “Fernando Poe” became a “Natural born citizen”? ➢ Case: Tecson v Comelec: Supreme Court said, “Roland Poe is natural born and therefore, he is qualified to run as President.” That legacy was inherited by the daughters. The adoptive daughter was said to be a “Natural born”, only that she is said to be a “Foundling” and later she was considered as a “Filipino Citizen”. However, this could not take back down to the 1987 Constitution. 1987 Constitution: NOT AN EXCLUSIVE SOURCE OF POLITICAL LAW TO EXPLAIN ON CITIZENSHIP. ➢ You have to consider other sources. CITIZENSHIP ➢ You have to consider the 1987 Constitution before that.

Consti I | Judge Estela Alma Singco |S Y 1st sem (2018

➢ 1973 Constitution, 1935 Constitution, TREATY OF PARIS and TREATY OF PEACE. ➢ Treaty of Paris & Treaty of Peace: There was a war between Spain and US. Spain lost that war, so it was compelled to sign TREATY OF PARIS ceding the PHILIPPINES ISLANDS, and ALL THE INHABITANTS & PROPERTIES BOUND THEREIN to the US for the amount of $20 Million on sale. To include other territories that Spain was able to acquire, the same were ceded to mention a few (Eg. Palma Islands) ➢ Palma Islands: Acquired by Spain, then interceded to US by the virtue of Treaty of Paris. ➢ For the first time, there was a concept of Citizenship. (Remember, during Spanish Colonization, there was no concept of Citizenship for Filipino Citizens that’s why they are described as “Indios”.) Indios - Uncivilized people of the islands, because there is no such concept. ➢ We are only considered as the “subjects” of the King of Spain. ➢ No rights or whatsoever, we were chattels or properties by the King of Spain. Citizenship Concept: a membership of a political community was introduced to us only when the Treaty of Paris was signed. There was this “Mass Naturalization”. Mass Naturalization: All the inhabitants, same for those who declared themselves and remained as “Spanish Citizens”. ➢ All of them, regardless whether he is a Canadian or an Indio. Whether he is a foreigner, but found, had been residing in the island or Spaniards even, that have decided to stay in the islands and retain their being in the country and did not indicate or whatsoever that they will stay as a “Spanish Subjects” of the King of Spain. (Citizens of Philippine Islands by the Virtue of Treaty of Paris) Under Treaty of Paris, take note, there was a provision here: “When the transfer of the sovereignty from Spain to US, the Political and Civil Status of all the inhabitants and the Philippine Islands shall now be determined by the US

4|Page Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo? LABAN LAN LANG. G.

FOR EH 308 (LLB) USE ONLY Congress NOT by the President of the given but by the US Congress that is also stated in the Treaty of Paris. “ ➢ Pursuant to that provision of Treaty of Paris, US Congress HAS ORGANIC LAWS. ➢ Providing for a Governmental setup, how the inhabitant should be governed and further defining who are the citizens of the Philippines Islands. ➢ Philippines: term came from “Filipino” was the idea of the 1st civil Governor of that time. ➢ We are named “Filipino or Filipinese” (We are Filipinos, because of the word “Philippines”) Q: WHAT ARE SOME OF THESE ORGANIC LAWS THAT ARE SIGNIFICANT TO THE ESTABLISHMENT OF THE GOVERNMENT AND THE DEFINITION OF “PHILIPPINE CITIZENSHIP”? ➢ First you have the Philippine Bill of 1902 (Cooper Act) otherwise known as “The Filipino Political Reach Head” ➢ Because for the first time, under that bill, WE, FILIPINOS are ALLOWED TO PARTICIPATE in the National and Governmental affairs. How?

Consti I | Judge Estela Alma Singco |S Y 1st sem (2018

instrument happened only on April 11, 1899. It says “All inhabitants of the Philippine Islands”, same for those who decided to remain as “Subjects of the Spanish ground” (They have to sign something, a document.) ➢ All the rest who are found in the Philippine Islands are considered as “Citizens of the Philippines”. You have the: 1. Native born 2. Peninsulares 3. Foreigners who are neither native or Spanish Subject (They are like the traders from other neighboring countries who stayed in the Philippine Islands) Likewise, they were considered as “Filipino Citizens” (Remember about “Mass Naturalization”) Then it was reiterated, in the JONES LAW of 1916. It says that “The Children subsequent there to” (Meaning the children of those who have been considered as inhabitants, therefore citizens of the Philippines are likewise considered as “Filipino Citizens”)

➢ You have a legislature (bilateral). The UPPER HOUSE is composed of ALL AMERICANS, but the LOWER HOUSE is composed of ALL FILIPINOS selected by the provinces at that time.

➢ The Jones Law of 1916 with refers to the government, was likewise significant. Why significant? ➢ It was otherwise known as “The Philippine Autonomy Act”.

➢ During the time of Spaniards, the highest position that a Filipino can be elected to is only to a “Barangay Captain (Cabeza de Barangay)”

Q: Why “The Philippine Autonomy Act”? ➢ Autonomy: when there is recent realization of powers or transfer of powers.

➢ This time, when we were UNDER AMERICANS, by the virtue of Philippine Bill 1902, we have now Filipinos who composed of the Philippine Assembly which is the Lower House of the Legislature at that time.

Q: Now, was then the transfer of powers under the Jones Law of 1916 and from whom and to whom?

➢ Under the Philippine Bill of 1902: it defined the “Filipino Citizens” as those who are “Native born in general or inhabitants of the Philippine Islands.”

➢ For the first time, you have a legislature composed of ALL FILIPINOS.

Q: (Take note of the cut-off period) As of April 11,1899. Why April 11, 1899? ➢ Remember that the signing was on April 1898. Where the exchange of the ratification of

➢ There was a transfer of legislative powers from the Americans passed to the Filipinos.

➢ Executive Branch: All Americans; Legislative Branch: All Filipinos and the Judiciary somehow, they were trying to establish at least a justice of the case.

5|Page Ngayon ka pa ba susuko, kung kailan malayo na ang narating mo? LABAN LAN LANG. G.

FOR EH 308 (LLB) USE ONLY

Consti I | Judge Estela Alma Singco |S Y 1st sem (2018

➢ The Americans were not afraid at all of Filipinos being in the legislature. They are not insecure. After all, even if they passed the laws, they can still be vetoed by the Governor general (Who is an American). That’s the under control. Anyhow, there is nothing to worry about, at least they have the practice and the experience on how to pass laws. Now then, corrupted, Aside from The Jones Law of 1916, there was now the passage of “The Tydings- Mcduffie Law of 1934” Q: What is Tydings-Mcduffie Law? ➢ It is otherwise known as “The Philippine Independence Act”. Why? ➢ Because we were now promised with the GRANT OF INDEPENDENCE. Preparing for that independence from the US, it was a condition to DRAFT CONSTITUTION which will be the basis of a government that will be establish and that was the COMMONWEALTH (1935 CONSTITUTION). COMMONWEALTH (1935 CONSTITUTION) - drafted to establish the COMMONWEALTH GOVERNMENT. ➢ For the first time, you have a Filipino President elected by the Filipino People. Q: Do you know what is the term of office under the 1935 constitution? ➢ The origin provided for 6 years without reelection. (Just the same with the 1897 Constitution) Q: Then what happened, how come “Manuel L. Quezon” was the first president of the Commonwealth? How about the Second President? ➢ Vice president: Osmeña. He is a Cebuano. He became the President not by election, but by succession because Quezon died. Q: For if were in 6 years without re-election, how come that he lasted for about 8 years or 7 years if Quezon died because of Tuberculosis? ➢ It was during the World War II, when the Japanese invaded Manila and some of the nature places in the islands. They cannot go for election when the government was exiled in Washington

DC. They have to amend the 1935 Constitution to extend the term office of the President for 2 more years (A total of 8 years) because his term has already expired. However, he died because of tuberculosi...