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Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Constitution 1 Notes Philippine Constitution 1 Atty Ernesto C. Salao CHAPTER 1 I. Constitution A. Definition 1. Constitution, In General “A constitution is that body of rules and maxims in accordance with which powers of sovereignty are habitu...

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Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Philippine Constitution 1 Atty Ernesto C. Salao

Constitution 1 Notes

CHAPTER 1 I.

Constitution A. Definition 1. Constitution, In General “A constitution is that body of rules and maxims in accordance with which powers of sovereignty are habitually exercised”- Judge Cooley of Michigan 2. Constitution in the Philippines, in particular ” The 1987 Constitution is the written instrument enacted by direct action of the people by which the fundamental powers of government are established, limited and defined and by which those powers are distributed among several departments for their safe and useful exercise for the benefit of the body politic” – Justice Malcom Philippine Constitutional Law B. Nature and Characteristics Constitution is the SUPREME LAW- basic and paramount law of the land in which all laws must conform and to which persons, including the highest officials of the land must deter. No acts shall be valid if it conflicts with the constitution. –Watson C. Purpose (P.E.A) Prescribe the permanent framework of a system of government Establish certain first fixed principles to which government is founded Assign to the several departments their respective powers and duties D. Classification WRITTEN/UNWRITTEN Written- precepts are embodied in one document Unwritten- precepts are scattered into various sources CONVENTIONAL/CUMULATIVE Conventional- struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler Cumulative- the result of political not inaugurated at any specific time but changing by accretion rather than any systematic method RIGID/FLEXIBLE Rigid- One that can be amended ONLY by a formal process and usually difficult to process Flexible- One that can be changed by ordinary legislature

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Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Constitution 1 Notes E. Essential Qualities Of a Good Written Construction BROAD- covers all persons and things within the territory of the state BRIEF- must confine itself to basic principles to be implemented with legislative details more adjustable to change DEFINITE- must be clear lest ambiguity in its provision result in confusion and divisiveness

F. Essential Parts of the Written Constitution LIBERTY- consists of a series of prescriptions setting faith the fundamental civil and political rights of the citizens and imposing limitations on the powers of government as means of securing the enjoyment of those rights (Articles II, III, IV, V, and XII) GOVERNMENT- consists of a series of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, defining its electorate (Articles VI to XI of our Constitution) SOVEREIGNITY- provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (Article XVII) G. Amendment and Revision AMENDMENT- isolated or piecemeal change only REVISION- revamp or rewriting of the whole instrument Two-part test to determine whether the change is an amendment or a revision QUANTITATIVE - asks whether the proposed change is "so extensive in its provisions as to change directly the 'substantial entirety' of the constitution by the deletion or alteration of numerous existing provisions. The court examines only the number of provisions affected and does not consider the degree of the change. QUALITATIVE - inquires into the qualitative effects of the proposed change in the constitution. The main inquiry is whether the change will accomplish such far-reaching changes in the nature of our basic governmental plan as to amount to a revision. Procedure in Amending/Revising 1. Proposal Proposal is generally made either directly by the congress or by a constitutional convention (Art XVII, Sec 1) Where what is intended is a mere amendment or change of particular provisions only, the proposal is better made by direct legislative action. In this case, the vote of at least 3/4s of all the members of the congress shall be needed. In case of the overhaul of the entire constitution, it will be advisable to entrust the task to a constitutional convention which will have more time, opportunity and presumably also the needed expertise to discharge it. They call for a constitutional convention made by a vote of 2/3 of all the members of the congress (art XVII) If they cannot make up their mind, the question of whether or not to call the constitutional convention shall be thrown by them to the people themselves but a least majority of the vote. 2|P a ge

Bautista. Constantino. Goce. Juarez.. Narido. Valeriano.

Constitution 1 Notes

The last alternative is a plainly absurd procedure that permits the members of the congress to authorize the waste of public funds by calling on their constituents to decide a question that is essentially addressed to the legislature (pass the buck) A third method of proposal is allowed by Section 2 of Article XVII which reads: (applies to amendments only) “Amendments to this constitution may likewise be directly proposed by the people through initiative upon petition of at least twelve per centum of the total number of registered voters therein.” No amendments under this section shall be authorized within five years following the ratification of this constitution nor oftener than once every five years thereafter. The congress shall provide for the implementation of the exercise of this right. Modes of proposing Amendments or Revisions: 1) Constitutional Assembly (ConAss) – 3/4 2) Consitutional Convention (ConCon) – 2/3 or Majority + Plebiscite 3) People’s Initiative – 12% + 3% plebiscite + full text of the proposed amendments attached (may be exercised for amendments only for the Constitution) 2. Ratification The constitution provides that any amendment to be or revision shall be valid when RATIFIED by a MAJORITY of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days after the approved of such change by the congress or the constitutional convention or after the certification by the COMELEC of the sufficiency of the petition under Section 2 (Art XVII, Sec 4) H. Procedure in Amending 1987 Constitution On February 25, 1986, as a result of the people power upheaval that deposed Marcos, President Cory Aquino proclaimed a FREEDOM CONSTITUTION, to be effective pending the adoption of a permanent constitution aimed at correcting the short comings of the previous constitutions. 1. Proposal- President Corazon Aquino, in Proclamation 9, created a Constitutional Commission composed of 50 members to be appointed by her and charged it to frame a new character not later than September 2, 1986. All but ONE of those appointed accepted and immediately undertook their mission under the Presidency of Justice Celia Munoz Palma, formerly of the Supreme Court. The members came from various sectors and represented diverse persuasions, which is probably one reason why they could not meet their deadline and were able to approve the final draft of their handwork only on October 15, 1986. By resolution of the commission, it was commended to the president that the plebiscite on the proposed constitution be scheduled, not within 60 days as originally provided, but 3|P a ge

Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Constitution 1 Notes within 3 months, to give the people more opportunity to study it accordingly. The plebiscite scheduled it February 2, 1987. 3. Ratification- The campaign for the ratification of the proposed constitution was led by President Corazon Aquino whose main argument was that it would resist the powers of the presidency as provided for in the FREEDOM CONSTITUTION. Opposition to the draft, while spirited, was largely disorganized and consequently ineffective. Many people, while doubtful about some of its provisions and especially of its length, which made it seem like a codification, nevertheless approved the proposed constitution in the end because they felt it would provide the stability the country sorely needed at the time when the votes were tallied, it appeared that 76.29% the electorate had votes to ratify with only 22.74% against. I. Self-Executing and Non Self-Executing 1. Self- executing Provision- rule that by itself is directly or indirectly applicable without the need of statutory implementation – no other law needed for it to be executed 2. Non self-executing Provision- one that remains dormant unless activated by legislative implementation. – needs another law to be executed

GR 169815: Bureau of Fisheries and Aquatic Resources Employees Union vs. Commission on Audit Facts: On appeal are the Decision dated April 8, 2005 of respondent Commission on Audit (COA) in LAO-N-2005-119 upholding the disallowance by the COA Legal and Adjudication Office (COA-LAO), Regional Office No. VII, Cebu City of the P10,000.00 Food Basket Allowance granted by BFAR to each of its employees in 1999, and COA Resolution dated August 5, 2005, denying petitioner’s motion for reconsideration of said Decision. Issue: Are Sections 9 and 10, Article II of the 1987 Constitution self-executing provisions? HELD: No. J.

Interpreting the Constitution 1) Verba Legis—whenever possible, the words used in the Constitution must be given their ordinary meaning except where technical terms are employed. Example: JM Tuason vs Land Tenure 2) When there is Ambiguity—ratio legis et anima--A doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed. Example :Civil Liberties Union vs. Executive Secretary, 194 SCRA 317 3) Ut magis valeat quam pereat—the Constitution has to be interpreted as a whole. Example: Francisco vs. HR, G.R. No. 160261, November 10, 2003

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Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Constitution 1 Notes If the plain meaning of the word is not found to be clear, resort to other aids is available—construe the Constitution from what “appears upon its face”. The proper interpretation, therefore, depends more on how it was understood by the people adopting it than in the framers understanding thereof. In case of doubt, the provision should be considered as self-executing; mandatory rather than directory; and prospective rather than retroactive

K. State 1. Definition: A state is a community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body politic render habitual obedience. 2. Elements: a. People- the inhabitants of the State. b. Territory- Territory is the fixed portion of the surface of the earth inhabited by the people of the State. c. Government - Government is the agency or instrumentality through the will of the State is formulated, expressed and realized. d. Sovereignity- supreme and uncontrollable power to issue final commands legal- make laws political- to vote Jurisdiction ฀The manifestation of sovereignty a) Territorial - power of the State over persons and things within its territory subject to its control and !protection. b) Personal - power of the State over its nationals, which may be exercised by the state even if the !individual is outside the territory of the State. (e.g. Art. 15 of the Civil Code) c) Extraterritorial (Exterritoriality) - power of the State over persons, things or acts beyond its territorial limits by reason !of their effects to its territory. (e.g. Embassies)

L. The Inherent Powers Of The State POLICE POWER Definition

It is the sovereign power to promote and protect the general welfare. It is the most pervasive and the least limitable of the three powers of the state, the most essential, consistent and illimitable which enables the State to prohibit all hurtful things to the comfort, safety and welfare of the society.

EMINENT DOMAIN

POWER OF TAXATION

It is an inherent power of the state that enables it to forcibly acquire private property, which is intended for public use, upon the payment of just compensation. It is based on political necessity; it is inseparable from the state unless it is denied to it by its fundamental law.

It is the inherent power of the state to raise revenues to defray the expenses of the government or for any public purpose. This can be done through the imposition of burdens or imposition on persons, properties, services, occupations or transactions.

It also refers to the power vested in the legislature The importance of Condemnation of by the Constitution to make, private property is justified taxation derives from ordain, establish all manner of only if it is for the public the unavoidable 5|P a ge

Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. wholesome and reasonable laws, statutes, or ordinances, either with penalties, or without, nor repugnant to the constitution, as they shall be judge to be for the good and welfare of the state and the subjects.

Police power is an inherent attribute of sovereignty. It can exist even without reservation in the constitution. It is based on necessity as without it, there can be no effective government. It is also referred to as the law of overwhelming necessity.

Constitution 1 Notes good character. It is the courts of law that have the power to determine whether there is necessity therefore. Also called the power of expropriation, eminent domain is described as the “highest and most exact idea of property remaining in the government” that may be acquired for some public purpose through a method “in the nature of a compulsory sale to the state”.

obligation of the government to protect the people and extend them benefits in the form of public projects and services. Taxation is based on necessity and the reciprocal duties of protection and support between the state and those that are subject to its authority.

Regulates

The exercise of police power is founded on the basic principles of salus populi est suprema lex (the welfare of the people is the supreme law) and sic utere tu et alienum non laedas (so use your property so as not to impair another) Both liberty and property Property Rights

Property Rights

Exercised by

Government only

Government only

Property taken is

Government and some private entities Destroyed due to noxious or Wholesome because it is intended for a noxious purpose intended for public use

Wholesome because it is intended for public use Compensation Intangible altruistic feeling that A full and fair equivalent A full and fair he has contributed to the of the property equivalent of the general welfare expropriated or property expropriated protection and public or protection and improvements for taxes public improvements paid for taxes paid Similarities 1. May be exercised by it without the need of express constitutional grant 2. They are not necessary but indispensable 3. They are methods by which the state may interfere with private rights 4. They all presuppose an equivalent compensation for the private rights interfered with 5. They are exercised primarily by the legislature Differences 6|P a ge

Bautista. Constantino. Goce. Juarez.. Narido. Valeriano.

Limitations

Constitution 1 Notes

1) POLICE POWER: regulates liberty and property EMINENT DOMAIN: property rights only 2) POLICE & TAXATION: exercised only by the government EMINENT DOMAIN: exercised too by some private entities 3) PROPERTY IN EXERCISED OF: a. POLICE POWER- destroyed because it is noxious/intended for noxious purposes b. EMINENT & TAXATION – intended for public use. Wholesome purpose 4) COMPENSATION OF THE PERSON SUBJECTED TO: POLICE POWER – intangible and altruistic feeling that he has contributed to the general welfare The exercise of these fundamental powers is subject at all times to limitations and requirements of the constitution and in proper cases by annulled by the courts of justice

CHAPTER 2: General Consideration A. PREAMBLE The Preamble is not a source of power or right for any department of government. It sets down the origin, scope, and purpose of the Constitution. It bears witness to the fact that the Constitution is the manifestation of the sovereign will of the Filipino people. The identification of the Filipino people as the author of the constitution calls attention to an important principle: that the document is not just the work of representatives of the people but of the people themselves who put their mark of approval by ratifying it in a plebiscite. 1) It does not confer rights nor impose duties. Indicates authorship of the Constitution; enumerates the primary aims and aspirations of the framers; and serves as an aid in the construction of the Constitution.

B. NATIONAL TERRITORY Archipelagic doctrine Parts of the National Territory 1) The Philippine archipelago with all the islands and waters embraced therein; and 2) All other territories over which the Philippines has sovereignty or jurisdiction. Constitution is municipal law and binds only the nation promulgating it. It will not be binding internationally unless supported by international law. Scope of national territory: · Archipelago · All other territories over which the Philippines has sovereignty or jurisdiction · Territorial sea, seabed, subsoil, and other submarine areas of (1) and (2) · Terrestrial, fluvial and aerial domains of (1) and (2) What: Archipelago is a body of water studded with islands. Where: Philippine archipelago delineated by Treaty of Paris (as modified by Treaty of Washington and Treaty with Great Britain) 7|P a ge

Bautista. Constantino. Goce. Juarez.. Narido. Valeriano. Constitution 1 Notes All other territories includes any territory which presently belongs to the Phils or might in the future belong to the Phils through any of the internationally accepted modes of acquiring territory. Exercising jurisdiction refers to Batanes Islands, which lies outside lines drawn by Treaty of Paris. This also includes Sabah, Marianas, Freedomland.

Neither claims nor disregards Sabah, but asserts a legal situation in which Sabah can have a place in Phil territory depending on outcome of current dispute. Elements of Archipelagic principle: · Claim on internal waters irrespective of breadth and dimension · Straight baseline method of delineating territorial sea

Modes!of!Acquiring!Territory! 1. Discovery and Occupation What can be validly acquired thru discovery and occupation? ฀Lands which are terra nullius or a land belonging to no one. Doctrine of Effective Occupation ฀Discovery alone is not enough. Mere discovery gives only an inchoate right to the discoverer. For title to finally vest, discovery must be followed by effective occupation in a reasonable time and attestation of the same. [NB: this is what Pres. Marcos did to claim KIG] 2. Cession by Treaty. Examples are Treaty of Paris, treaty between France and US ceding Louisiana to the latter and treaty between Russia and US ceding Alaska to the latter; 3. Prescription. Which is a concept under the Civil Code. Territory may also be acquired through continuous and uninterrupted possession over a long period of time. However, in international law, there is no rule of thumb as to the length of time for acquisition of territory through prescription. In this connection, consider the Grotius Doctrine of immemorial prescription, which speaks of uninterrupted possession going beyond memory. 4. Conquest or Subjugation (conquistadores) This is no longer recognized inasmuch as the UN Charter prohibits res...