Constitutional Law I Notes:

-Limitation to the territorial sea is the right of innocent passage

-Freedom Constitution --> before the 1987 Constitution

Exceptions to the separation of Church and State (Section 6):

-Taxes

Pierce vs. Society of Sisters:

-Take note of the 14th amendment: made the freedom of speech, applicable to all
states (US); source of the due process clause
-Our due process clause in the 1987 Constitution, was derived by the 14th Amendment
of the US
-Principle of parens patriae: the state shall step in as the "parents" or
"guardians" of the youth, if the parents themselves have failed to advance the
future and well-being of their youth
-parens patriae: parents of the nation
-Bringing their children to public school is NOT a failure of the parents; they
have the FREEDOM TO CHOOSE where they want to educate their children

Wisconsin vs. Yoder:

-The Court ruled that the Amish Community does not need

HW: Read the Philppines vs. China arbitration case (South China Sea case)
Read Rock Solid Book (about the dispute; part 4)
Article 5 plus cases up to Article 7

Arbitration case of China and Philippines:

Source: http://rsilpak.org/case-brief-on-the-south-china-sea-arbitration/

1.) Rocks are not islands = they only generate 12 nm from the EEZ
2.) Lands shall generate 200 nm from the EEZ

-What is the significance of the EEZ: a country can conduct economic explorations
-We do not have sovereignty over the EEZ; the territory is only up to 12 nautical
miles
-Itu Aba IS NOT AN ISLAND. It is a rock

Pamatong Case:
-Certiorari --> review

What do you mean by a Republican State = people are representative by politicians

Democratic = people have the right to vote and sovereignty belongs to the people
-Reserved to the people is the initiative and referendum

Article 6 Section Section 4(2): renunciation has to be voluntary; in the case of

Migz Zubiri, his term was not interrupted since he was ousted due to electoral
protest

Article 6 Section 5 (2): can a priest run under a party-list? --> yes he can. For
as long as he does not represent a religious sector

*Take note of citizenship (before January 17, 1973)

*Memorize citizenship (codal)

what are the residency requirements of the party-list: for as long as they have
resided in the Philippines for at least two (2) years
animus non rivertendi and animus amendi

HW: Section 6 up to Section 22 of Article 6

a smaller number may adjourn day to day --> at least 2 people (

HW: Up to Section 1 of Article 7 (Executive Department)

*Until they receive the house bill from the HoR, the Senate cannot commence the
reading of the bill (The Senate has to wait for the HoR to finish)

Section 27 (2) President's veto powers:

-The President can veto by sections if it concerns budget, appropriations revenue
or tariff bills
-When it comes to other laws, the President must veto a bill in its entirety or not
at all (Bengzon vs. Drilon)

Section 25 (Article 6):

-Appropriations = budget
-Budget is initiated by the proposal of the president as prescribed in Article 7,
section 22 (30 days after the opening of the regular session)
-It shall be passed to the House of the Representatives (origin house)
-If there is a budget deficit, mangungutang ka :)
-Fiscal year = financial year
-Transfer of funds from one department to another is NOT allowed (augmentation
within the appropriations its funds within its availability

Section 27 (2):
-Veto power should be done in toto (by the President)
-Must be done in whole (not parts)

-Inappropriate provision --> subject to appropriations

-Riders = overall

-Line item = separate and severable portion of the appropriations bill

-Congress can decrease the appropriations

-Separate items that can STAND ALONE (SEPARATE AND SEVERABLE) PROVISION in the
appropriation

Section 25 paragraph 4 --> special appropriations bill (used when there is NO MORE
budget)
-4th Monday of July = GAA is issued

NEDA --> the national development program is found in NEDA

-The deficit must be paid out by the appropriations

-SC is NOT a general jurisdiction; only the RTC is considered to be a general

jurisdiction
-The Judiciary Act determines the jurisdiction of the Court as well as the 1987
Constitution

-Plebiscite = refers to the manner or election or system as to how the people will
reject and approve the amendments to the Constitution
-Referendum = approval or rejection of legislation

Conference committee: the mechanism used by the Congress in order to compromise the
differences between the Senate and the House; it is not by rule limited in its
jurisdiction (although legislative custom severely limits the freedom with which
new subject matter can be inserted into the conference bill)
*Although it produces unexpected results, results which are beyond its mandate,
these excursions occur even where the rules impose strict limitations on conference
committee jurisdiction; This is the symptomatic of the authoritarian power of
conference committee

Broader functions of the Conference Committee:

1.) It may deal generally with the subject matter
2.) It may also be limited to resolving the precise differences between the two
houses

One title one subject policy of Article VI Section 26(1):

-The title of the bill is not required to be an index to the body of the act, or to
be as comprehensive as to cover every single detail of the measure. It has been
held that if the title fairly indicates the general subject, and reasonably covers
all the provisions of the act, and is not calculated to mislead the legislature or
the people, there is sufficient compliance with the constitutional requirement

Next meeting:
submit digest of the ff:
Garcia vs. Mata,
Philconsa vs. Enriquez,
Philippine Judgest assoc. vs. Prado,
CIR vs. CTA,
Abra Valley College vs. Aquino,
Pascual,
Guingona vs. carague,
belgica,
araullo vs. aquino,
osmena vs. orbos
(at the most two pages of digest)

*What kinds of loans can the president enter into (executive powers) --> section 20
(foreign loans only)

Monetary Board --> the boss of the BSP

*Judicial department --> main problems is locus standi (legal capacity to file the
case)

*Section 18 of Article 7: why is it necessary to call out the military during the
supression or prevention of lawless violence?

*writ --> command or order

*power of control (Section 17 of article 7)

*power of supervision
*doctrine of qualified political agency

*pardon is looking forward; amnesty is looking backward

*Lower courts can decide on the constitutionality of cases --> section 5(2) of
Article 8 of the 1987 Constitution
-Lower courts can decide cases on the constitutionality and validity of the cases,
but the SC said (Justice Regalado), but it should be mindful of its place in the
hierarchy of courts and should behave with becoming modesty
-Decision of the RTC --> binds only the parties involved in the case
-Decision of the SC --> binds the whole world (everybody)
-Statutory construction of redendo singula singulis --> cases are decided and
matters are resolved (Section 4 subparagraph 3 of Article 8 refers to cases and NOT
to matters)

SC is creating procedures to provide remedies for rights found in the Constitution

(writ of kalikasan. writ of habeas corpus, and writ of amparo)

-Lower courts do not have to be natural-born citizens

Discipline of judges and officals: suspension and dismissal shall be decided by the
SC en banc; fines are decided by divisions

If Manny Pacquiao resigned as a Senator during his tenure, can he take part of the
Constitutional Commission -- Yes. For as long as the elections did not take place
immediately preceding the appointment

*proven capacity for public administration --> question of fact

Impeachment --> process by which a legislative body; anybody can file a verified
complaint, submitted to the Congress (HoR) vote of 1/3rd of the members,
confirmation with articles of impeachment; the reckoning point is once the HoR
members vote and get 1/3, the person is deemed impeached

Verified complaint --> it should be signed, subscribed and notarized

Filing for a quo warranto case --> rule 66 of the rules of court: it may be filed
by the government or an individual; it can be SolGen or public prosecutor may file
quo warranto petition upon order of the President

Sereno case --> her decisions will still subsist because she was a de facto CJ (in
comparison to a de jure)

Fiscal autonomy: funds will be released automatically and regularly and it shall
not be decreased

Charter --> source of existence of a corporation or company (Land Bank Act) ; only
the government can give a charter

HW: continue with CoA and accountability of public officers, national economy
(particular with land and natural resources; regalian doctrine); Human Rights;
Article 14 (esp. education) and the family (article 15)

If the government entity was made under the Corporation Code --> it is therefore
not considered as an unincorporated entity
--> this means that it HAS a separate juridical personality that is different from
the government

*Reparations Commission --> RA 1789 (Creation of a Reparations Commission after

WW2; after Japanese occupation)

Juridical Personality
*Local government units have juridical personality --> they are autonomous
governments and are not used by the national government for their governmental
functions; local government units have charters; they are governed under RA No.
7160
*Barangays and municipalities --> considered as a public corporation; they have a
charter
*LGU has corporate powers --> one of the powers is to sue and be sued

How would you determine if the RP is being sued? (three (3) requisites)
*Determine if the agency is governed by the Corporation Code

*Garnishment: to set aside a certain amount of cash to be paid to the creditor

(Section 29(1) of Article 6 of the Constitution --> you cannot garnish funds except
in pursuance of an appropriation made by law)

Express consent is given by the Congress

*Republic of Indonesia vs. Vinzon = you cannot sue another state due to the rule of
amity between nations and cannot disturb the peace