P. 1
Consti Reviewer

Consti Reviewer

|Views: 48|Likes:
Published by Glai Delos Reyes

More info:

Published by: Glai Delos Reyes on Aug 19, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOCX, PDF, TXT or read online from Scribd
See more
See less

09/20/2010

pdf

text

original

GENERAL PRINCIPLES Constitution Fundamental organic law of a state which contains the principles on which government is founded and

regulates the division and exercise of sovereign power Conferment of the powers and limitation of the same. Social contract between the state and it·s people ( sovereignty resides in the people and all govt authority emanates from them)

Fundamental law of the state

Confers to the constitution

Kinds of constitution Cumulative or evolved and Conventional or enacted Written and unwritten Rigid and flexible

-

Cumulative or evolved Originates in customs, common law principles decisions of courts. Historical evolution and growth

Constitution vs. statute Constitution Legislation direct from the people General principles Not merely intended to meet existing conditions Statute Legislation from the people·s representative Provides the details of the subject of which it treats Intended to meet existing conditions only

Conventional or enacted Enacted by a constituent assembly or promulgated by the king

Unwritten

Capable of being twisted to meet great emergencies Rigid constitution which can not be amended by ordinary law making process.- not embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions. - Cannot be easily bent and twisted by the legislature or by the courts Stable and free from dangers of temporary popular passions Written Where the provisions are embodied in a single written instrument or instruments Disadvantage of written Constitution Flexible can be amended byordinary law making procedure Difficult to amend. and prevent the introduction of the needed changes to it and thereby retard growth and progress of the state Advantage of an unwritten constitution Elastic and flexible. can easily be modified to meet new and changing conditions. need two-third majority for amended Constitution - Advantages of written Constitution Definite and clear Prepared with great care and deliberation Disadvantage of unwritten constitution Can easily be altered to meet the temporary fancies of the moment .

permanent - Ordinance Merely temporary law Objective is to carry out the formation of the constitution and the fundamental law of the land ´sovereignty resides in the people and all govt authority emanates from them ´ All acts of the govt officials must be in conformity with the constitution. THE STATE Political Law Branch of public law w/c deals with the organization and operations of the governmental organs of the state and defines the relationship of the state with its inhabitants Constitutional law 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 State Is a community of persons. Elements of state: 1. People . All acts must be for the welfare of the people because the state is the protector of the people. permanently occupying a definite portion of territory.Constitution Stable . more or less numerous. independent of external control and possessing a govt to which a great body of inhabitants render habitual obedience.

supreme will of the state . De facto: one that existence of which is maintained by force within the territories and against the rightful authority of an estaablished and lawful government. It is necessarily obeyed on civil matters by private citizens who.2. fopr those acts. the power to make laws and enforce Government . 3. . by acts of obedience rendered in submission to such force. maritime. do not become responsible as wrongdoer. or by civilian authority supported more or less directly by military force. Territory Government Sovereignty - People Mass of population living w/in the state w/o people there can be no functionaries to govern and no subjecst to be governed no requirement as to number of people not too small or too large. true and lawful govt. 4. Domain of states : terrestrial. enough to be wellgoverned and large enough to be self-sufficing - Territory land over w/c the jurisdiction of the state extends. established accdng to the constitution of the state. It is usually administered directly by the military authority. carried out and expressed Dejure: government of right. aerial Agency through which the will of the state is formulated. fluvial. are not warranted by the laws of the rightful Sovereignty Supreme uncontrollable power The absolute right to govern.

May or may not be independent of external control May be made up of several states Doctrine of parens patriae this doctrine has been defined as the inherent power and authority of the state to provide protection to the persons and property of the persons non-sui juris. Non-sui juris persons are those who lack the legal capacity to act on his own behalf like the child or the insane persons.- - them by all means of coercion it cares to employ. - - Archipelago doctrine an archipelago shall be regarded as a single unit. so that the waters around. What may be suspended is the exercise of the rights of sovereignty when the control and govt of the territory by the enemy passes temporarily to the occupant. Internal : supremacy over the individuals within the area of its jurisdiction (IMPERIUM) External : absolute independence of one state as a whole with reference to other states (DOMINIUM) Cannot be suspened w/o putting it out of existence. customs and - May consist of one or more nations - - - traditions. irrespective of their breadth and dimensions. between. STATE Political concept Not subject to external controll NATION Ethnic concept Group of people bound together by certain characteristics such as common special origin. and connecting the islands of the archipelago. . language.

IMMUNITY OF THE STATE FROM SUIT Sec 3 Art 16 1987 constitution The state may not be sued without its consent ( PIL) There can be no legal right as against the authority which makes the law on which the right depends . or legislation. Doctrine of Transformation Legal principle that the provisions of international law are enforceable in a jurisdictions if they are adopted through customary use. in general. court decisions (precedence). the provisions of international law are enforceable in a jurisdiction so far as they are consistent with the provisions of its domestic law. subject to its exclusive sovereignty. Immunity applies to public officers Applicable to complaints filed against officials of the state for act allegedly performed by them in th discharge of their duties Doctrine of Incorporaton . Appropriate points are set along the coast of the archipelago including the outmost islands and the nconnect those points with straight baselines.- form part of the internal waters of the state. All waters w·in the baselines are considered internal waters of the archipelago state. - Legal principle that.

Consent Given Express. general or special law. thus opening itself to a counterclaim B. it does not necessarily concede it is liable.by way of general law Implied A. Given by the congress. Restrictive theory of state immunity foreign states were immune from jurisdiction relating to their ´public actsµ (acta jure imperii) but were not immune from jurisdiction for their ´private actsµ (acta jure gestionis) including commercial activities. ( statute) *executive department determines whether a foreign state is entitled to immunity from suit . it is giving the plaintiff the chance to prove that the state is liable. When the sate enters into contract provided that it is proprietary in nature. when the state commences litigation. - Suability vs liability When the state consents to be sued.so as not to embarrass the executive arm of the govt in conducting the country·s foreign relations. Doctrine of Royal Prerogative of Dishonesty .- Judgments against such officials will require the state itself to perform an affirmative act to satisfy the same.

The prime duty of the govt is to protect and serve the people. cooperation and amity with all nation. adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace. People do not govern themselves directly but through representatives Founded upon popular suffrage Government of laws and not of men Section 2 of Art II The Philippines renounces war as an instrument of national policy. equality. freedom. Republican Government of the people for the people by the people. Section 1 of art II The Philippines is a democratic and republican state. because it is duty bound to defend its citizens. justice. Doctrine of Incorporaton .- Immunity grants the state to defeat any legitimate claim against it by simply invoking its non-suability - DECLARATION OF PRINCIPLES and STATE POLICIES Representative govt where in the powers and duties of govt are exercised and discharged for the common good and welfare. Does not renounce defensive war. Renounces aggressive war. Sovereignty resides and all govt authority emanates from them. signatory to the kellog brian pact.

form part of the laws of the land. signed by the plenipotentiaries attending the conference.the generally accepted principles of international alw . Doctrine of auto-limitations The Philippines adheres to the principles of international law as a limitation to the exercise of its sovereignty. art II The prime duty of the Government is to serve and protect the people. Section 4. . or legislation. supreme over the military. the provisions of international law are enforceable in a jurisdiction so far as they are consistent with the provisions of its domestic law. Its goal is to secure the sovereignty of the state and the integrity of the national territory. The armed forces of the Philippines are the protector of the people and the state. in general. by virtue of the incorporation clause of the constitution. Protocol de cloture An instrument which records the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the text of treaties. court decisions (precedence). The Government may . Section 3 art II Civilian authority is at all times. Doctrine of Transformation Legal principle that the provisions of international law are enforceable in a jurisdictions if they are adopted through customary use.- - Legal principle that.

the church is likewise prohibited from meddling in purely secular affairs. under conditions provided by law. Posse comitatus Power of the state to require all able bodied citizens to perform civic duty to maintain peace and order. to render personal. Symbiotic relations between the church and state. Rationale: In conformity wit hthe preamble as it is the aspiration of the people to have a peaceful and orderly society. writ of amparo. liberty. - Section 5 art II The maintenance of peace and order. and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. in the fulfillment thereof. Habeas Data is ³[we command] you have the data´. the protection of life. all citizens may be required. military or civil service. and property. State is prohibited from interfering with the ecclesiastical affairs of the church. Section 6 art II The separation of Church and State shall be inviolable.call upon the people to defend the State and. would bar the military plea of deni .

AMENDMENTS Section 1. . of which every legislative district must be represented by 3% of the registered voters therein.Any amendment to. this Constitution may be proposed by: (1) The Congress. submit to the electorate the question of calling such a convention) . held not earlier than 60 days nor later than 90 days after the approval of such amendment or revision. or (3) a direct proposal by the people through initiative upon a petition of at least 12% of the total number of registered voters. or revision of. upon a vote of three-fourths of all its Members.may be amended not oftener than every 5 years Con-con (2) A constitutional convention( 2/3 vote to call for a con-con. upon a vote of three-fourths of all its Members. . Held not earlier than 60 days and not later than 90 days after the certification by the . People·s initiative Amend or revised: (1) The Congress. or by majority vote of all its members.by a plebiscite ( majority vote. or (2) A constitutional convention Power of the people to propose amendments to the constitution or to propose and enact legislation through an election called for the purpose .

- .commission on election of the sufficiency of the petition. not piece-meal. the people must be informed of the issues and they must be given sufficient time to discuss the merits and demerits of the proposed amendments. Doctrine of fair and proper submission The constitution must be submitted to the people as a whole.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->