Milcah Inggo

Constitutional Law I

ASSIGNMENT NO. 4
1. The Philippines entered a bilateral agreement with the US. While the agreement was still in
progress, Congress sought copies of the agreement, all its attachments and annexes. The
executive department refused to comply. Congress filed a petition in court to compel the
executive branch to release to them the documents requested. COMMENT.
The Congress may not compel the executive department to release copies of the
agreement when it is protected by executive privilege.
The State adopts and implements a policy of full public disclosure of all its
transactions involving public interest. (Section 28, Article II of the 1987 Constitution).
However, a limitation to this rule, as laid down by jurisprudence, is when the disclosure of an
information would impair diplomatic as well as economic relations with another state that is
a party to the ongoing agreement. (Neri vs Senate, G.R. No. 180643, September 4, 2008)
2. Is the right to bear firearms a constitutional right?
No. The right to bear arms is not a constitutional right and is a mere statutory
privilege. (Chavez vs Romulo, G.R. No. 157036, June 9, 2004)
3. ABC filed an application with NTC for a certificate of public convenience and necessity to
construct and maintain a cellular mobile phone system. NTC granted the application provided
ABC and GLOBE shall enter into an interconnection agreement. PLDT refused to comply.
COMMENT.
PLDT cannot justifiably refuse to interconnect. The State recognizes the vital role of
communication and information in nation-building. (Section 24, Article II of the 1987
Constitution)
The main consideration of the Supreme Court in upholding the NTC’s grant of
provisional authority to ETCI are public need, public interest, and common good. To this end,
public utility companies (like PLDT) must yield. (PLDT vs NTC, G.R. No. 88404, October 18,
1990)
4. Congress enacted R.A. 2020 legalizing tong-its. Dumaguete City, however, passed an
ordinance prohibiting the operation of tong-its within its territorial jurisdiction. Juan, engaged
in the business of tong-its filed a case in court assailing the validity of the ordinance. In its
answer, the City of Dumaguete claimed that they are empowered to do so under R.A. 7160, the
Local Government Code. COMMENT.
 The State shall ensure the autonomy of local governments. (Section 25, Article II of the
1987 Constitution)
This policy, however, is not absolute. It is a settled principle that municipal ordinances
are inferior in status and subordinate to the laws of the state. An ordinance in conflict with a
state law of general character and statewide application is universally held to be invalid.
(Batangas CATV vs CA, G.R. No. 138810, September 29, 2004)