(General Principles IMonday,11 January 2021 12:54 PM. IGAbad This is a product of the author's lecture notes condensed from the books of Isagani Cruz's and Fr. Bernas’ Political law and Constitutional Law, respectively, and from Judge Herson Valmores' class lectures and slides. Topics are arranged as per syllabus (Judge Valmores-SMU COL) format. THE CONSTITUTION The Nature of a Constitution + ‘The concept of a "higher law" + (Justice Maloolm) "The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited, and defined, and by which ‘those powers of the government are distributed among the several departments for their safe and useful exercise for the benefit of the body politic.” Purposes + To prescribe the permanent framework of a system of government, to assign to several departments their respective powers and duties, and to establish certain fixed principles on which government is founded. + To safeguard the life, liberty, and property of individual citizens by defining and limiting the power of the government; and + Topromote the common good - safety, property, health, and happiness of the people. Classification of Constitution A. Written v. Unwritten © Written - precepts are embodied in one document or set of documents * Constitutions are usually reduced in writing e.g. Philippine Constitution © Unwritten - consists of rules which have not been integrated into a single, concrete form but are scattered in various sources. = e.g. Constitution of the Great Britain B. Conventional v. Cumulative © Conventional - an enacted constitution, formally "struck off" at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler e.g. Philippine Constitution © Cumulative - the result of political evolution, "not inaugurated at any specific time but changing by accretion rather than by any systematic method e.g. The British Constitution accumulated by time C. Rigid v. Flexible © Rigid - can be amended only by a formal and usually difficult process © Flexible - can be changed by ordinary legislation D. Normative v. Nominal v. Semantic ‘© Normative- all binding principles in a written constitution are observed in the actual operations of the political system; ~ Alliving constitution; real and effective; faithfully observed by all concemed and actually governing the dynamics of the power process instead of being governed byit. - Itsets the norm © Nominal - the constitution is largely or in its substantial parts disregarded; ~ Not lived up in practice because of the existing socioeconomic conditionsnilitate against its implementation = Only exists on paper eg. Cuba © Semantic- one that is fully applied and activated, but its ontological reality is nothing but the formalization of the existing location of political power for the exclusive benefit of the actual power holders; to stabilize and perpetuate the grip of factual power holders of the community ~ Goes against the very nature of the constitution of limiting powers of the government Parts of a Constitution A, Constitution of Liberty - Protects the rights of citizens © Consists of a series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing limitations on the powers of the government as a means of securing the enjoyment of those rights. o Found principally in Articles II, III, IV, V, and XII B. Constitution of Government © Aseries of provisions outlining the organization of the government, enumerating its powers, laying down certain rules relative to its administration, and defining the electorate © Articles VI to XI C. Constitution of Sovereignty © The provisions of pointing out mode or procedure in acoordance with which formal changes in the fundamental law be brought about. © Italso provides for the manner of altering the Constitution The Supremacy of the Constitution ‘The Constitution is the basic and paramount law to which all other laws must conform to and which all persons, including the highest officials of the land must defer. No act shall be valid, however noble its intentions, if it conflicts the Constitution. It must ever remain supreme’; equated with the "rule of law" It “is a law for rulers and people, equally in war and in peace, and covers with the shield ofits protection all classes of men, at all times and under all circumstances; inferiority of statutes.” Case: De Agbayani v. PNB, G.R. No. L--25127, April 29, 1972 The right to non-impairment of contractual obligations must prevail over the assertion of community power to remedy an existing evil + RA 342 continue by EO 52 cannot stand the test of validity (moratorium legislation) + The Moratorium Law was unconstitutional amounting as it did to the impairment of obligation and contracts - while the purpose of the Congress is plausible, the relief accorded works injustice to creditors who aré practically left at the mercy of the debtors. When may statutes be declared unconstitutional? 1. When itis not within the legislative powers of the Congress to enact or Congress has exoseded its powers It create or establish arbitrary methods or forms that infringe constitutional principles; and Its purposes or effacts violate the constitution or its basic principles. Effects of an unconstitutional statute A, Orthodox View v, Modern View© Orthodox View - (General Rule) not a law; ~ Teconfers norights, imposes no duties, it affords no protection nor it ereates office; ~ Itisin legal contemplation, inoperative, as if it had not been passed. It is stricken from the statute books and considered never to have not existed at all. ~ Not only the parties but all persons are bound by the declaration of unconstitutionality. © Moder View - (Exception) The court in passing upon the question of constitutionality does not annul or repeal the statute it finds no conflict with the Constitution. It simply refuses to recognize it and determine the rights of the parties just as if statute had no existence: ~ The decision affects the parties only and there is no judgment against the statute; it does not repeal, supersede, revoke, or annul the statute; except the parties, no one else is bound. ‘Operational Fact Doctrine" * G.R.No. Araullo v. Aquino 209287 Valid until declared unconstitutional * Applied only when law and equity requires so B. The Doctrine of Relative Constitutionality - the constitutionality of a statute, cannot in every instance be determined by a mere comparison of its provisions with applicable provisions of the Constitution since the statute may be constitutionally valid as applied to one set of facts and invalid in the application to another. ~ The statute may be valid at one time may become void at another time because of altered circumstances. Thus, ifa statute in its practical operation becomes arbitrary or confiscatory its validity even though affirmed by a former adjudication is open to inquiry and investigation in the light f changed conditions. (Central Bank Employees Assoc. (BSP) v BSP and Executive Secretary, G.R. No. 148208, December 1: ‘¢ Eg. Bayanihan Act or the law passed during the pandemic (2020), the pork barrel system * ‘This a prerogative of the Supreme Court C. The Doctrine of Purposeful Hesitation - itis about the symbolic function of the Court; it means the Court would not decide on matters which are considered political questions. This focuses on necessity of resolving judicial review. ~ In questions of constitutionality, the Court will not rule right away because it assumes that the law passed the two departments already, thus, it went through the process of determining its constitutionality. Laws ae presumed tobe valid, constitutional and in harmony with other WS ‘* Deference to the doctrine of separation of powers Stability oflaws D. Partial Constitutionality - effect of declaration of unconstitutionality of certain provisions of a statute to its other provisions ~ General Rule: As long as it is possible, will salvage the valid portions thereof in order to give effect to the legislative will; retain the valid portions. - Exception: If the provisions are mutually dependent and connected, total nullification of other provisions. CONSTITUTIONAL LAW Itincludes "the law embodied in the Constitution and the principles growing out of the interpretation and application made by the courts of the provisions of the Constitution in specific case:Historical Background of the Philippine Constitution © Biak-na-Bato Malolos Constitution Organic laws of the Philippines during American Regime 1935 Constitution 1943 Constitution 1973 Constitution 1987Constitution THE PHILIPPINES AS A STATE The Concept of State ‘A community of persons, more or less numerous, permanently occupying a fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience. ‘The State is a legal concept. ‘The government is only an element of the State. ‘The State is the principal, the government its agent. Elements (PeTerGoSo) 1. People © Inhabitants of the State ‘© Must be numerous enough to be self-sufficing and to defend themselves and small enough to be easily administered and sustained © Refers to inhabitants ‘Territory © The fixed portion of the surface of the earth inhabited by the people of the State; it must be neither too big as to be unable to provide for the needs of the population. Domains: a) terrestrial domain; b) maritime or fluvial; ¢) aerial domain « Article Iof the 1987Constitution + (Fr, Bernas) opined that Article I of the 1987 Constitution is NOT binding to the rest of the world since from the perspective of international law, the Constitutions is merely a municipal law and such, itis only binding to the state promulgating it. + The definition of the baselines of the territorial sea of the Philippine Archipelago, as provided for Section 2 of Republic Act No. 5446, "is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah - claimed by the Philippines "by historic right or legal right.” * ARCHIPELAGIC DOCTRINE - we connect the outermost points of our archipelago with straight baselines and consider all the waters enclosed thereby as intemal waters + An entity may satisfy the territorial requirement for statehood even if its boundaries have not been finally settled, if one or more of its boundaries are disputed, or if some ofits territory is claimed by another state. + On the basis of Article I of the 1987 Constitution, the Philippine territory includes: ~ The Philippine Archipelago 3. Government 4. Sovereignty + ‘The concept of State is made tangible because of its elements. + Montevideo Convention) A permanent population, a defined territory, a government, and a capacity to enter into relations with other states,