NAME: CHRISCELLE ANN PIMENTEL

Constitutional Law 1

Topic 👑 Learned 📚

Inherent  There are three (3) inherent powers of the State; Police power,
State Power of Eminent Domain, and power to Tax.
Powers  These powers are all inherent to the Legislative branch of the
government. However, it can be delegated to the other branches or
agencies in the government through of course by the promulgation of
the Congress. 
POLICE POWER:
 It is the power vested by the constitution to the Congress to make,
ordain, and establish laws, statutes and ordinances with or without
penalties not repugnant to the constitution, for the welfare of the
people and its subjects.
 Police power is an inherent attribute of sovereignty. It is the most
illimitable of the powers of the government.
 It is based on necessity, as without it, there can be no effective
government. 
 The Congress has the ultimate power to determine the necessity and
the means of exercising the police power of the state. 
 Though the police power is illimitable, it has its limitation; due process
for its people, and the equal protection of the people.
 Police power can be delegated to the executive dept (Sect. 28, Par.
2, Art. 6).
 Police power subject to be valid when; there’s a lawful subject and
lawful method.
 Inherent police power is plenary: delegated ones carries a burden of
proof.

EMINENT DOMAIN
 Sec. 9, Art. 3
 The taking or expropriating of private property for public use upon
payment of just compensation.
 The foundation to exercise eminent domain is “genuine necessity”.
Essential elements of taking:
 Entry must be in momentary period
 Color of legal authority
 For public use
 must be in such a way as to oust the owner and deprive him of
all beneficial enjoyment of the property
 Public use, may cover uses which may not directly be available
to the public, but may rebound to their indirect advantage or
 benefit.
 Just compensation, fair and full of the loss sustained, the
market value to which must be added the consequential
damages, if any. 
 The nature and character of the land at the time of its
taking is the principle criterion for determining its just
compensation. 
TAXATION
 The power inherent in sovereignty to raise revenue to defray the
necessary expenses of government, that is, for any public purpose.
 An enforced proportional contribution imposed by the state
 The government cannot exist without it. 
 It is the lifeblood of the nation. 
 The government cannot tax itself. 
 The power to tax can be delegated to the LGUs
 The rule of taxation shall be uniform and equitable (Sec. 28, Par. 1,
Art. 6).
 In construing whom to tax, it is liberally in favor of taxpayers, strictly
against the government.  For the exemptions, strictly against
taxpayers and liberally in favor of the government.

 The nature of the taxing power

 public purposes 
 territori ality
 uniformity
 due process and equal protection clause
 constitutionally exempt properties cannot be taxed.
 in the assessment and collection of certain kinds of taxes
noticed and opportunity for hearing must be provided.

Separation  The three departments established by the constitution are the

of Powers legislative, executive, and judiciary. 
 The constitution defines their powers and function within their sphere.
 They are not completely independent with each other because there
is truism to their independence due to the principle of blending of
power and checks and balances. Thus, this puts the complete
exercise of the  functions of the government. 
 The fundamental principle that underlies these three (3) dept. Is the
principle of separation of power.
 This is essential to the operation of this system that a department
shall not encroach upon the powers of each other. 
 Each branch must exercise its power without intruding into the
exercise of the powers of the other branches
 These departments are; co-equal, coordinate and co-important. 
 LEGISLATIVE DEPARTMENT
 Sec. 1, Art. VIprovides that legislative power is vested in the
Congress, which shall consists of a Senate and a House of
Representative…
 LP is the power to ordain, enact, alter or modify, repeal or abrogate
existing laws.
 Senate composed of 24 Senators by election (Sec. 2, Art. VI). A
Senator must be a natural-born Filipino citizen, at the day of the
election must be thirty-five (35) years old, a registered voter, able to
read and write and a resident of the Philippines (not less than 2
years)( Sec. 2, Art. VI) Their term is limited for six (6) years (Sec. 4,
Art. VI). House of Representative composed of not more than 250
members (Sec. 5, Art. VI). Their term is limited to three years (Sec. 7,
Art. VI).
 Legislative power is subject to substantive and constitutional
limitations.

EXECUTIVE DEPARTMENT
 The legal and political functions of the President involving the
exercise of discretion.
 It is the execution of laws, which means carrying them and into a
practical operation and enforcing them.  
 It is the power vested to the President (Sec. 1, Art. VII). An elected
president, as well as a vice-president, must be a natural born Filipino
citizen, registered voter, able to read and write, at least 40 years of
age, and a resident of the Phil. at least ten (10) years (Sec. 2, Art.
VII). their term is limited to six (6) years 9Sec. 4, Art VII). They are
not subject to a re-election. 

JUDICIAL DEPARTMENT
 Judicial power is vested in one Supreme Court and in such lower
courts. (Sec. 1, Art. VIII)
 It is composed of one (1) Chief Justice and 14 Associate Justices
(Sec. 4 (1), Art. VIII). Must be a natural-born, at least 40 years of age,
and have been in the legal practice for fourteen years (Sec. 7, VIII). 
 The Judiciary exercises the interpretation of the law.
 Sec. 5 (5), Art.VIII 

Sovereignty  Sec. 1, Art. XVII states that ‘Any amendment to, revision of, this
Constitution may be proposed by: the Congress upon a veto of three-
fourths of all its members; or a constitutional convention. 

Amendment - the isolated or piecemeal change in the constitution

Revision - the revamp or rewriting of the entire constitution

-there is a revision if there is a change in the structure of government
  The 1935 and 1973 constitutions provided two constituent
assemblies empowered to propose amendments. They were the
Congress or National Assembly and the Constitutional Convention.
The 1987 Constitution has provided for a third: the electorate,
through popular initiative. 
 The power to amend is not part of the legislative power of Congress.
Possesses constituent power only because it has have specifically
given that power by and under the conditions of Article XVII. 
 Constitutional Convention exists by a vote of two-thirds of all the
members of the Congress may call a constitutional convention, or by
a majority vote of its members, submit to the electorate the question
of calling such a convention. 
 For the purpose of calling a constitutional convention, since the
constitution is silent,  the two houses of the Congress may vote
separately, as they are where they are. But they may also come
together in a joint session. 

State -"The State may not be sued without its consent" Sec. 3, Art. XVI
Immunity  According to Justice Holmes; a sovereign is exempt from suit, not
from Suit because of any formal conception or obsolete theory, but on the
logical and practical ground that there can be no legal right as
against the authority that makes the law on which the right
depends. 

The royal prerogative of dishonesty - it grants the state the prerogative to

defeat any legitimate claim against it by simply invoking its non-suability.
Exception
 the State may at times be sued by giving its consent, as it is clearly
conveyed in the doctrine, “the State may not be sued without its
consent”
 The States' consent may be given either expressly or impliedly. 
 Express consent may be made through a general law or a
special law. There is a law expressly granting authority to sue
the state or any of its agencies.
 Implied consent, on the other hand, is conceded when the
State itself commences litigation, thus opening itself to a
counterclaim or when it enters into a contract.
 Not all contracts entered into by the government operate
as a waiver of its non-suability.
 It should be distinguished into  whether or not this is
executed in the exercise of its sovereign function or
done in its proprietary capacity.
 Only  when it enters into business contracts it would be deemed to
have tacitly given its consent to be sued. However, it does not apply
if it exercises sovereign function. 
 jure imperii - sovereign and governmental acts
  jure gestionis - private, commercial and proprietary acts (exception)

The rule that a State may not be sued without its consent is a necessary
consequence of the principles of independence and equality of States
(Republic of Indonesia v. Vinzon, G.R. No. 154705, June 26, 2003), the
generally accepted principle of the international law adopted as part of the
law of the land, Sec. 2, Art II.

All states are sovereign equals and cannot assert jurisdiction over one
another. A contrary attitude would "unduly vex the peace of nations”.
This concept, the restrictive theory, holds that the immunity of the sovereign
is recognized only with regard to public acts or acts jure imperii, but
not with regard to private acts or acts jure gestionis.

 The Chief-Executive cannot be sued

 The president is the head of the executive branch, a co-equal
of the judiciary under the Constitution. His or her prerogative is
entitled to respect from other branches of government. Inter-
branch courtesy is but a consequence of the doctrine of
separation of powers. 
 The president cannot be charged with any suit, civil or criminal
in nature, during his or her incumbency in office. This is in
line with the doctrine of the president's immunity from suit.
 It will degrade the dignity of the high office of the
President, the Head of State, if he can be dragged into
court litigations while serving as such.

Express consent by law: Carabao v Agricultural Productivity (1970) -

Commonwealth Act 327, stating that Act 3083 stands the general law
waiving the State's immunity from suit,

Exception to the exception:

 against a functionary who fails to comply with his statutory duty -
Del Mar v. PVA