Definition of terms Constitution

Definition
o o o o o Fundamental law which sets up a form of government and define and delimits the powers thereof and those of its officers, reserving to the people themselves plenary sovereignty Represents the supreme will of the people and binds them to its limitations. It is a social contract Safeguard to the rights of citizens Written constitutions are rigid but allow different interpretations depending on the times and the needs of the people a mandatory, positive command which is complete in itself and which needs not further guidelines or implementing laws or rules for its enforcement. It does not need legislation to be able to be put into operation. needs an implement law for it to be enforceable usually composed of general policies and principles of the state the power to propose, revise, create constitutions Done through constituent assembly, constitutional convention and people s initiative !nvisages an alteration of one or a few specific and isolated provisions of the constitution Its guiding original intention is to improve specific parts or to add new provisions or to suppress e"isting ones according as addition or subtraction might be demanded by e"isting conditions Done through constituent assembly and constitutional convention #uiding intention and plan contemplate a re$e"amination of the entire document or important cluster of provisions in the document to determine how and to what e"tent it should be altered. %he end product of a revision can be an important structural change in the government or a change which affects several provisions of the constitution %he way by which rights are enforced Important to &udicial power 'll constitutional cases are manifestations of (udicial review Involves interpretation of laws )ne of the greatest contributions of the *S legal system to the +hilippine legal system Founded upon a supremacy of the constitution Rests in the entire &udicial branch not &ust the S, Does not change the nature of &udicial power away from +'SSI-! Functions. &urisprudence, guidance for future references and it serves to legitimize a /uestioned act !ssential for the maintenance and enforcement of the separation of power and the balancing of powers among the three great departments of government ,iting 'ngara v. !lectoral commission an integral component of the delicate system of chec0s and balances which, together with the corollary principles of separation of powers, forms the bedroc0 of our republican form of government and insures that its vast powers are utilized only for the benefit of the people for which it serves 1oderating power to determine the proper allocation of powers %he power of the court to settle actual controversies involving rights which are legally demandable and enforceable !2%!3D!D S,)+! '3D !2+R!SS ,)3S%I 1'3D'%! product of the e"perience of martial law 3)% )345 a (*DI,I'4 +)W!R but a D*%5 'ddresses /uestions as to whether the government had authority or had abused its authority to the e"tent of lac0ing &urisdiction or e"cess of &urisdiction Recognizes that before is struc0 down that it has already been implemented and may have factual conse/uences Includes the duty of courts of &ustice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lac0 or e"cess of &urisdiction on the part or instrumentality of the government Refers to ordinary cases +rere/uisite that something had by then been accomplished or performed by either branch before a court may come into the picture %he /uestioned acts should have already been carried out Resolution of the /uestion is unavoidably necessary to the decision of the case itself ,iting %anada v. ,uenco a /uestion of policy. It refers to those /uestions which under the constitution are to be decided by the people in their sovereign capacity or in regard to which full discretionary authority has been delegated to the legislature or e"ecutive branch of the government. It is concerned with issues dependent upon wisdom not legality of a particular measure 6 types. 7. %ruly political /uestions 8 beyond &udicial review 2. not truly political /uestions 'R% -III S!, 7 ,iting 9a0er v. ,arr (*DI,I'445 DIS,)-!R'94! S%'3D'RDS to determine if the issue is a political /uestion 7. te"tually demonstrable constitutional commitment of the issue to a coordinate political department 6. lac0 of &udicially discoverable and manageable standards for resolving it :. impossibility of deciding without an initial policy determination of a 0ind clearly for non$&udicial determination a fi"ed period of time for which an elective official ideally stays in office %he actual time that an elective official serves in office In election law mean the same; *nli0e in civil law wherein domicile is permanent and wherein one has the intention of returning and residence can be the home actually occupied but only temporarily In ,o v. !lectoral tribunal of the <R!+ Residence = domicile Domicile = permanent home, a place which, whenever absent for business or for pleasure one intends to return, the fact of residing in a fi"ed place Residence factual relationship of an individual to a certain place. It is the physical presence of a person in a given area +olitical and corporate in nature !stablished by incorporation <as its own legal personality +olitical unit but not a separate subdivision ,an not act by itself because it has no independent legal personality

Case/ source Article by Myrna Feliciano

Self-executory provisions
Non-self-executory provisions

Tanada v. Angara

Constituent power Amendment

o o o o o o

Notes and Bernas

Revision

o o

Judicial review

o o o o o o o o o o o

Notes from Maam Gwen avid v. Arroyo

o o o o o

Francisco !r. ". Nagmamalasa#it na mga Manananggol ng mga Manggagawang $ili%ino& 'nc.

Doctrine of operative fact Judicial Power

o o

$lanters %roduct v. Fertili(er $)ili%%ines

Francisco !r. ". Nagmamalasa#it na mga Manananggol ng mga Manggagawang $ili%ino& 'nc

Ripeness Lis Mota Political uestion

o o o o o

Francisco !r. ". Nagmamalasa#it na mga Manananggol ng mga Manggagawang $ili%ino& 'nc

!erm !enure Residence and domicile

o o o

ima%oro v. Mitra Macalintal v. C*M+,+C.omualde(/ Marcos

o o o

Local "overnment #nits Le$islative district Police power

o o o o o

Bagabuyo v. C*M+,+C

Power of taxation

Section %. %he legislative power shall be vested in the ,ongress of the +hilippines which shall consist of a Senate and a <ouse of Representatives, e"cept to the e"tent reserved to the people by the provision on initiative and referendum. 'n attribute of sovereignty, comprehending the power to ma0e and enforce all wholesome and reasonable laws and regulations necessary to the maintenance, upbuilding and advancement of public will and protection of public interests. 1ust be uniform and e/uitable and progressive %he ,ongress may, by law, authorize the +resident to fi" within specified limits, and sub&ect to such limitations and restrictions as it may impose, tariff rates, import and e"port /uotas, tonnage and wharfage dues, and other duties or imposts within the framewor0 of the

0123 C*N4T' A.T "' 4+C 0

5)etsel v. 5ood 6N*T F.*M CA4+ ,'4T7

0123 C*N4T' A.T "' 4+C 82

L"# C&D'( C)AP!'R *+ - RECALL S!,. >?. By Whom Exercised. $ %he power of recall for loss of confidence shall be e"ercised by the registered voters of a local government unit to which the local elective official sub&ect to such recall belongs. S!,. @A. Initiation of the Recall Process. $ BaC Recall may be initiated by a preparatory recall assembly or by the registered voters of the local government unit to which the local elective official sub&ect to such recall belongs. BbC %here shall be a preparatory recall assembly in every province, city, district, and municipality which shall be composed of the following. B7C B6C B:C BEC +rovincial level. $ 'll mayors, vice$mayors, and sanggunian members of the municipalities and component citiesD ,ity level. $ 'll punong barangay and sangguniang barangay members in the cityD 4egislative District level. $ In cases where sangguniang panlalawigan members are elected by district, all elective municipal officials in the districtD and in cases where sangguniang panlungsod members are elected by district, all elective barangay officials in the districtD and 1unicipal level. $ 'll punong barangay and sangguniang barangay members in the municipality.

BcC ' ma&ority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against any elective official in the local government unit concerned. Recall of provincial, city, or municipal officials shall be validly initiated through a resolution adopted by a ma&ority of all the members of the preparatory recall assembly concerned during its session called for the purpose. BdC Recall of any elective provincial, city, municipal, or barangay official may also be validly initiated upon petition of at least twenty$five percent B6FGC of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected. B7C ' written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled, and in a public place in the province, city, municipality, or barangay, as the case may be, shall be filed with the ,omelec through its office in the local government unit concerned. %he ,omelec or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than ten B7AC days nor more than twenty B6AC days, for the purpose of verifying the authenticity and genuineness of the petition and the re/uired percentage of voters. B6C *pon the lapse of the aforesaid period, the ,omelec or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled. S!,. @7. Election on Recall. $ *pon the filing of a valid resolution or petition for recall with the appropriate local office of the ,omelec, the ,ommission or its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty B:AC days after the filing of the resolution or petition for recall in the case of the barangay, city, or municipal officials, and forty$five BEFC days in the case of provincial officials. %he official or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, li0e other candidates, shall be entitled to be voted upon. S!,. @6. Effectivity of Recall. $ %he recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office. S!,. @:. Prohibition from Resignation. $ %he elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress. S!,. @E. Limitations on Recall. $ BaC 'ny elective local official may be the sub&ect of a recall election only once during his term of office for loss of confidence. BbC 3o recall shall ta0e place within one B7C year from the date of the officialHs assumption to office or one B7C year immediately preceding a regular local election. S!,. @F. Expenses Incident to Recall Elections . $ 'll e"penses incident to recall elections shall be borne by the ,omelec. For this purpose, there shall be included in the annual #eneral 'ppropriations 'ct a contingency fund at the disposal of the ,omelec for the conduct of recall elections.