Phil Con 87; New Features (1991)

No 1: How is the Bill of Rights strengthened in the 1987 Constitution?

SUGGESTED ANSWER:

There are several ways in which the Bill of Rights is strengthened in the
1987 Constitution.

1. New rights are given explicit recognition such as, the prohibition
against detention by reason of political beliefs and aspirations. The waiver of
Miranda rights is now required to be made in writing with the assistance of
counsel. The use of solitary, incommunicado and secret detention places is
prohibited, while the existence of substandard and inadequate penal
facilities is made the concern of legislation.

2. There is also recognition of the right of expression, an express prohibition

against the use of torture, a mandate to the State to provide compensation and
rehabilitation for victims of torture and their families.

3. Some rights have been expanded. For instance, free access to

courts now includes access to quasi-judicial bodies and to adequate legal
assistance.

4. The requirements for interfering with some rights have been made more strict.
For instance, only judges can now issue search warrants or warrants of arrest.
There must be a law authorizing the Executive Department to interfere
with the privacy of communication, the liberty of abode, and the right to
travel before these rights may be impaired or curtailed.

5. The Constitution now provides that the suspension of the privilege of the writ
of habeas corpus does not suspend the right to bail, thus resolving a doctrinal
dispute of long standing.

6. The suspension of the privilege of the writ of habeas corpus and the
proclamation of martial law have been limited to sixty (60) days and are now
subject to the power of Congress to revoke. In addition, the Supreme Court is
given the jurisdiction, upon the petition of any citizen to determine the
sufficiency of the factual basis of the suspension of the privilege of the writ of
habeas corpus and the proclamation of martial law.

7. The Supreme Court is empowered to adopt rules for the protection and
enforcement of constitutional rights.

8. Art. II. Sec. 11 commits the State to a policy which places value on the
dignity of every human person and guarantees full respect for human rights.

9. A Commission on Human Rights is created.

10. Under Article XVI. Sec. 5(2) the State is mandated to promote
respect for the peoples rights among the members of the military in the
performance of their duty.

Phil Con 87; People Power (1987)

No. XVIII: The framers of the 1987 Constitution and the people who ratified it made
sure that provisions institutionalizing people power were incorporated in the
fundamental law, Briefly discuss at least two such provisions.

SUGGESTED ANSWER:

Art. VI, Sec. 1, while vesting in Congress the legislative power, nonetheless
states that such conferment of power shall be subject to the reservation made in
favor of the people by provisions on initiatives and referendum. For this
purpose, Congress is required, as early as possible, to provide for a system of
initiative of referendum whereby the people can directly propose and enact laws or
approve or reject an act or law or part thereof passed by the Congress or the
legislative bodies after the registration of a petition therefor, signed by at
least 10% of the total number of registered voters, of which every legislative
district must be represented by at least 3% of the registered voters. (Id., sec.
32) The Constitution also provides that through initiative, upon a petition of at
least 12% of the total numbers of registered voters, of which every
legislative district must be represented by at least 3% of the registered voters
therein, amendments to the Constitution may be directly proposed by the people.

Art, XIII, sec. 15 states that the state shall respect the role of independent
peoples organization to enable them to pursue and protect, within the democratic
framework, their legitimate and collective interests and aspirations through
peaceful lawful means. For this purpose, the Constitution guarantees to such
organizations the right to participate at all levels of social, political and
economic decision- making and the state is required to validate the establishment
of adequate mechanism for this purpose. (Id., sec, 16)

Phil Con 87; People Power (2000)

No IX. Is the concept of People Power recognized in the Constitution? Discuss

briefly. (3%)

SUGGESTED ANSWER:

Yes, the concept of People Power is recognized in the Constitution.

Under Section 32. Article VI of the Constitution, through initiative and

referendum, the people can directly propose and enact laws or approve or reject any
act or law or part thereof passed by the Congress or local legislative body after
the registration of a petition therefor signed by at least ten per centum of the
total number of registered voters, of which every legislative district must be
represented by at least three per centum of the registered voters thereof. Under
Section 16, Article XIII of the Constitution, the right of the
people and their organizations to effective and reasonable participation at all
levels of social, political and economic decision-making shall not be abridged.
The State shall, by law facilitate the establishment of adequate
consultation mechanisms.

Under Section 2. Article XVII of the Constitution, the people may directly
propose amendments to the Constitution through initiative upon a petition of at
least twelve per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the
registered voters therein.

Phil Con 87; People Power (2003)

No I Is people power recognized by the 1987 Constitution? Explain fully.

SUGGESTED ANSWER:

People power is recognized in the Constitution.

Article III, Section 4 of the 1987 Constitution guarantees the right of the people
peaceable to assemble and petition the government for redress of grievances.

Article VI, Section 32 of the 1987 Constitution requires Congress to pass a law
allowing the people to directly propose and enact laws through initiative and to
approve or reject any act or law or part of it passed by Congress or a local
legislative body.

Article XIII, Section 16 of the 1987 Constitution provides that the right of the
people and their organizations to participate at all levels of social,
political, and economic decision-making shall not be abridged and that the State
shall, by law, facilitate the establishment of adequate consultation mechanisms.

Article XVII, Section 2 of the 1987 Constitution provides that subject to the
enactment of an implementing law, the people may directly propose amendments to
the Constitution through initiative.

Nature of the Constitution: Constitutional Supremacy (2004)

(10-a) BNN Republic has a defense treaty with EVA Federation. According to the
Republics Secretary of Defense, the treaty allows temporary basing of friendly
foreign troops in case of training exercises for the war on terrorism. The Majority
Leader of the Senate contends that whether temporary or not, the basing of foreign
troops however friendly is prohibited by the Constitution of BNN which provides
that, No foreign military bases shall be allowed in BNN territory.

In case there is indeed an irreconcilable conflict between a provision of

the treaty and a provision of the Constitution, in a jurisdiction and
legal system like ours, which should prevail: the provision of the treaty
or of the Constitution? Why? Explain with reasons, briefly. (5%)

SUGGESTED ANSWER:

In case of conflict between a provision of a treaty and a provision of the

Constitution, the provision of the Constitution should prevail. Section 5(2)(a),
Article VIII of the 1987 Constitution authorizes the nullification of a
treaty when it conflicts with the Constitution. (Gonzales v. Hechanova, 9
SCRA 230 [1963]).