Constitutional Law 1

Atty Marino Salas
(Tues 5:30-830PM)

• 1987 constitution
– By Corazon Aquino – Overwhelming approval: 77%

• Supremacy of Constitution
– Highest form of the law of the land that includes the president to follow – Nobody is above the law

• Judicial Notice
– Presumption is conclusive – Already a common knowledge

• State
– A community of persons – Legal term having legal personality

• Nation
– An ethnic/racial concept – Bounded by same culture, race, beliefs, custom, etc

Elements Essential to State
1. People
– Numerous, no specific number as long as they can defend & maintain themselves & a combination of both male & female & can be governed Should reside in a particular place Domicile is living in a permanent place; when you are absent, you have the right to return Residence is you can have many Politically speaking, domicile & residence are the same

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controls the world .2. marine/fluvial & aerial domain – Sky is 90 miles only – 12 nautical miles (19km) • Connect the outer islets • Measure it during the low watermark • He who controls the sea. Territory – Terrestrial.

Democracy/Republican • Democracy – Form of government: for. by & with the people (John F Kennedy) • Republican – Representation – Election of our senators/congress • Belligerent Gov’t – Gov’t thru uprising .

Government • Governs & represents the people • Functions – Constituent: mandatory duty/attributes of the sovereignty/permanent – Ministerial: temporary • Common goal – Promotion of general welfare under the general justice .

vox dei – voice of the people is voice of God – Not legal but it may become a de iure gov’t like the Cory administration – Military junta. etc • De Iure – According to law • Machine is the gov’t & administration is the machinist or gov’t is the car. administration is the driver .De Facto/De Iure Government • De facto – Vox populi. coup de etat.

Sovereignty/Independence • Same meaning under political & international law • Legal sovereignty – Congress • Political sovereignty – People • Defensive war – Legal & can be declared but never offensive war .

etc • Immunity of the state can’t be waived – State should not exercise this immunity to the disadvantage of the people . UNICEF. it will prosper coz not anymore vs. World Bank.Act of State • Public offices acting w/in the bounds of their authority • You can never sue the state – If the decision requires the affirmative action/participation of the state. Red Cross. the state but vs an individual • Legal personalities can’t be sued – WHO. you may sue the state but will never prosper – If action of the gov’t is not needed.

Waiver • Expressed or implied • No waiver if no law governing it • Lawyers of gov’t can’t waive the immunity .

2009 • Principles & State policies – Summarize the rest content of the 1987 constitution • Preamble – Not a source of substantive right – Violation of it is not violation of the constitution – Introduce only the constitution/guide • Republican Gov’t – Representative gov’t – Run by & for the people .June 30.

Election: Plurality & Majority • Majority – More than half – Ex: election of Senate President/House Speaker • Plurality – One who has more – Ex: A – 40%. B – 30%. C – 30% = winner is A • SC – Unanimous decision .

Lukban • Declare only defensive war. male & female (Art 16.• No matter how good is the intention but not w/in bounds of law. still unconstitutional. sec 4) • Duty to gov’t – Personal allegiance • Incorporation Clause – International law automatically becoming parts of the law of the land • Doctrine of Transportation – Before an international law becoming a national law. there must be a meeting to validate the constitutionality of the law . not offensive – Refers not only to world war but also to civil • Military service – 18 yrs above. Ex: Villavicencio vs.

Determine the issues involved – If int’l issue. If in conflict w/ constitution. follow constitution . follow int’l laws – If local issue. follow municipal laws 3.Conflict bet Int’l & Municipal Laws 1. Harmonize them 2.

Rearing of the Youth • • • • State can’t interfere but can only regulate Kabataang Barangay (Marcos time) Sangguniang Kabataan (present) Senator Angara – Proposed the bill making elementary & secondary education as free • Conflict between husband & wife – Family code: Husband reigns .

• Social justice – Promotion of the general welfare of the nation • Powers decentralized 1. Taxation 3. Civil Service Commission 3. Commission on Audit 2. Power of eminent domain • Constitutional commissions 1. Power of police 2. Commission on Election .

below is under RTC – Proceedings is governed by the Rules of Court • Ombudsman – Exclusive arm/prosecutor of public officers – Cases falling under sandigan bayan – Not under DOJ coz it is a constitutional body • For discipline of judges. SC • Interdependence – Blending of powers of the 3 branches of gov’t . court of DOJ. for criminal cases.• Sandigan Bayan – Special court created by the constitution – Covers those w/ salary grade 27 up.

2009 • Judiciary – Weakest among the 3 branches but w/ 1987 Constitution became the strongest • Power to determine & decide upon issues on executive & legislative departments – Before: covers only rights & issues between persons only – Covers corporation/private individuals • JBC – Judicial & Bar Council .July 7.

Doctrine of Implication • The grant of power carries with it other powers not specified in the constitution – It contradicts the dictum: “What the law does not includes. it excludes” .

Legislative Power • Not expressly indicated • They can conduct investigation in aid of legislation but can’t put one in jail • Implied power to punish . contempt is given to them • At times in aid of persecution & at times in aid of election • Blue Ribbon – Powerful Committee .

President • Has power to deport alien as persona non grata (but accordingly. it is only the court & immigration who can deport) .

Immunity • By the executive department thru DFA • A political question. not under the court . thus.

March 3. Comelec 270 S 106 – Romualdez-Marcos vs. 2001 – Frivaldo vs. 2004 – Bengzon vs. May 7. Comelec 337 SCRA 543 – Re: Application for Admission to the Phil Bar. Comelec 242 S 415 – Mariano vs. PCGG 299 S 744 – Bondoc vs. Manzano 307 SCRA 630 – Valles vs. October 1. Comelec 242 S211 – People vs. 1999 – Tecson & Desiderio vs. Comelec GR No 142840. Bar Matter No 914. Jalosjos 324 S 689 . 2009 • Cases to read – Mercado vs. Pineda 201 SCRA 792 – Defensor-Santiago vs.July 21. Comelec GR No 161634 & 161824. Comelec 257 SCRA 727 – Chavez vs. Comelec 248 S 400 – Montejo vs. Vicente D Ching. Comelec 270 S 287 – Santiago vs. Comelec 248 S 200 – Aquino vs. Guingona 298 S 756 – Defensor-Santiago vs.

Chapter VII: Delegation of Power • Delegation – Applies to the 3 branches of gov’t but often to the legislative branch • Emergency cases – Gov’t agencies can divert their funds to cater the needs of the people affected – Can be revoked by a mere resolution – Not automatically terminated when threat is gone but Until congress adjourn its session • If emergency still persists even after adjournment of congress. another resolution will be made but not continuous .

Power of the people • Through referendum and plebiscite • Referendum – means by w/c the electorate proposes to amend a national statute – Power of the electorate to propose enactments or reject – National & local statutes • Plebiscite – Electorate decides changes to the constitution .

Revision & Amendment • Revision – Total change • Amendment – Partial/change a part .

Enactment of local laws • Power of electorate to propose regional or local legislation • Local orders of LGU – Ordinances & resolutions (penal in nature) .

Eminent Domain • Taking of private property by the gov’t to be used publicly but will be repaid/compensated by gov’t .

Administrative Bodies • Ex: DILG. COA. etc . DOH.

Completeness Test • Complete essential terms/conditions .

3.8 (may laktaw) • Assignment: – Citizenship – Case of Vicente Ching – Quiz? .6.Gerrymandering • Gathering areas as one but are scattered • Ex. 1.

2009 • Referendum – Power of the electorate to propose national & local legislation .July 28.

can’t go beyond the decision/result coz it’s the work of the judiciary/SC sitting en banc 3. Declare existence of war 4. Act as canvassers for election • Board of Canvassers duty is only ministerial. Confirmation of treaties/amnesties 5.Congress Functions 1. Legislate laws 2. Impeachment court .

Term & Tenure • Term – Period actually served – Within a tenure • Tenure – Speaks for a definite term .

2009 • Gerrymandering – The practice before by politicians choosing areas even not connected as their constituents. Its power is only to determine • Once a city has become highly urbanized. it may need to have a representative . Now. districts are connected • Comelec has no power to transfer one municipality to another district.August 4.

a member of the organization • For purposes of election. residence and domicile are the same .Continuing • Means to be. before and after.

Congress & Governor • Congress – Spend first and then audit • Governor – Plan first then appropriate/spend .

Privilege Speech • Representative is immune from suit but if what was spoken was published in newspaper or TV. he can be charged of libel. .

Forbidden Offices • One. it is then that you can be appointed • Prohibits only those appointed and not the elected . the emolument (compensation) is created or increased • Can’t resign from congress just to hold that office offering good opportunity • When your term expires. which during your term.