Constitution of the Philippines (Justice Malcolm) 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 are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Essential Parts of the Written Constitution Constitution of Liberty 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 (Articles II, III, IV, V, and XII) Constitution of Government consists a series 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) Constitution of Sovereignty consists of provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about (Article XVII) Interpretation Self-executing provision a rule that by itself is directly or indirectly applicable without need of statutory implementation Non-self-executing provision one that remains dormant unless it is activated by legislative implementation Gen. Rule Unless the contrary is clearly intended, the provisions of the constitution should be considered self-executing, as a contrary rule would give the legislature discretion to determine when, or whether, they shall be effective. Article II Mainly not-self-executory Oposa vs. Factoran -While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that is less important than any of the civil and political rights enumerated in the latter. -Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation aptly and fittingly stressed by the petitioners the advancement of which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not even be written in the Constitution for they are the well-founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself, thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second, xxx Manila Prince Hotel v. GSIS -A provision which lays down a general principle, such as those found in Art. II of the Constitution is usually not self-executing. But a provision which is complete in itself and becomes operative without the aid supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right conferred and the liability imposed are fixed by the constitution itself, so that they can be determined by an examination and construction of its terms, and there is no language indicating that the subject is referred to the legislature -*Constitutional Supremacy The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land must confer.

Tanada vs. Angara -Declaration of Principles Not-Self-Executing By its very title, article II of the Constitution is a declaration of principles of state policies xxx These principles in Article II are not intended to be selfexecuting principles ready for enforcement through the courts. They are used by the judiciary as aids or as guides in the exercise of its power of judicial review, and by the legislature in its enactment of laws.

Effect of Declaration of Unconstitutionality of a Law Orthodox View - an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as f it had not been passed. - The statute and its effects are a total nullity Modern View the court in passing upon the question of constitutionality does not annul or repeal the stature if it finds it in conflict with the Constitution. It simply refuses to recognize it and determines the rights of the parties just as if such statute had no existence. The court may give its reasons for ignoring or disregarding the law, but the decision affects the parties only and there is no judgment against the statute. Partial Unconstitutionality - Doctrine of Separation of Powers the courts hesitate to declare a law totally unconstitutional and, as long as they can, will salvage the valid portions thereof in order to give effect to the legislative will - Conditions -the legislature is willing to retain the valid portions even if the rest of the statute is declared illegal - that the valid portions can stand independently as a separate statute. (separability clause) Amendments or Revision Constitution of the Philippines -Written one whose precepts are embodied in one document or sets of document -Conventional an enacted constitution, formally struck off at a determinate time and place following a conscious effort taken by a constitutional body. -Rigid one that can be amended only by a formal and usually difficult process Amendment refers to isolated or piecemeal change only Revision a revamp or rewriting of the whole instrument Test to determine whether amendment or revision (Lambino v. COMELEC) Quantitative Test whether the proposed change is so extensive in its provisions as to change directly the substantial entirety of the constitution by the deletion or alteration of numerous existing provisions. Qualitative Test whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision. Procedure: Proposal and Ratification 1. Proposal - made directly by the Congress (3/4 vote of all its members) - or by a Constitutional Convention (Sec. 1 Art. XVII) -calling for a Con-Con by Congress a) 2/3 vote of all its members or b) majority of all its members voting to pass the question of calling a con-con to the electorate -Congress may pass the necessary implementing law providing for the details of the concon, such as number, qualifications, and compensation of its members

-Peoples Initiative 12 per centum of the total number of registered voters; legislative districts must be represented by at least 3 per centum of the registered voters therein -needs legislative implementation of the rules for conducting a peoples initiative -proposal is confined only for amendments and not revision 2. Ratification -Sec. 1 and Sec. 2 Majority of the votes cast in a plebiscite -Sec. 1 not earlier than 60 days and not later than 90 days after the approval of such amendment or revision -Sec. 2 after the certification by the COMELEC of the sufficiency of the petition. *Plebiscite electoral process by which an initiative on the Constitution is approved or rejected by the people *Election means that the entire Constitution must be submitted for ratification at one plebiscite only Judicial Review of Amendments restricted only to the amending process -The amending, like all other powers organized in the constitution, is in form a delegated and a limited power, so that that the Supreme Court is vested with that authority to determine whether that power has been discharged within its limits (Sanidad v. COMELEC) State (1) a community of persons, more or less numerous, (2) permanently occupying a fixed territory, (3) and possessed of an independent government organized for political ends to which (4) the great body of inhabitants render habitual obedience. Nation a group of people bound together by certain characteristics such as common social origin, language, customs and traditions and who believe that they are distinct from others Elements of State 1. People inhabitants of the state - must be numerous enough to be self-sufficing and to defend themselves; small enough to be easily administered and sustained. 2. Territory fixed portion of the surface of the earth inhabited by the people of the State - Terrestrial domain, maritime and fluvial domain, aerial domain. 3. Government agency or instrumentality through which the will of the State is formulated, expressed and realized >Functions -Constituent Functions constitute the very bonds of society and are therefore compulsory -Ministrant Functions are those undertaken to advance the general interest of society, such as public works, public charity, and regulation of trade and industry - optional - it is now obligatory on the State itself to promote social justice >Kinds -de jure government has rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof -de facto government a government of fact, that is, actually exercises power or control but without legal title.

a. the government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter b. that established as an independent government by the inhabitants of a country who rise in insurrection against the parent state. c. that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount fourze. > its existence is maintained by active military power within the territories, and against the rightful authority of an established and lawful government > during its existence, it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience rendered in submission to such force, do not become responsible, as wrongdoers, for those acts, though not warranted by the laws of the rightful government. 4. Sovereignty the supreme and uncontrollable power inherent in a State by which that State is governed -permanent, exclusive, comprehensive, absolute, indivisible, inalienable, imprescriptible >Belligerent Occupation -sovereignty is not deemed suspended although acts of sovereignty cannot be exercised by the legitimate authority -what the belligerent occupant took over was only the exercise of acts of sove. -the political laws of the occupied territory are merely suspended, subject to revival under the jus postliminium upon the end of the occupation -the non-political laws (Civil Law, Criminal Law, etc.) are deemed continued unless changed by the belligerent occupant -the rule suspending political laws affects only the civilian inhabitants of the occupied territory and is not intended to bind the enemies in arms. >when there is a change of sovereignty, the political laws of the former sovereign are not merely suspended but abrogated

Concept of Associated State Province of North Cotabato v. The Government of the Philippines Peace Panel -an association is formed when two states of unequal power voluntarily establish durable links. In the basic model, one state, the associate, delegates certain responsibilities to the other, the principal, while maintaining its international status as a state. Free associations represent a middle ground between integration and independence. -The concept of association is not recognized under the present Constitutions -No province, city, or municipality, not even the ARMM, is recognized under our laws as having an associative relationship with the national government. Indeed, the concept implies powers that go beyond anything ever granted by the Constitution to any local or regional government. It also implies the recognition of the associated entity as a state. The Constitution, however, does not contemplate any state in this jurisdiction other that the Philippine State, much less does it provide for a transitory status that aims to prepare any part of the Philippine territory for independence. Is sovereignty really absolute? Tanada v. Angara -Sovereignty Limited by International Law and Treaties However, while sovereignty has a traditionally been absolute and all-encompassing on the domestic level, it is however subject to

restrictions and limitations voluntarily agreed to by the Philippines, expressly or impliedly, as a member of the family of nations. -UN charter and Other Treaties Limit Sovereignty Thus, when the Philippines joined the United Nations as one of its 51 charter members, it consented to restrict its sovereign rights under the concept of sovereignty as auto-limitation *see Section 2 Article II of the Constitution

National Territory *see Article I of the Constitution Fundamental Principles and State Policies Preamble - The Preamble is not considered a source of substantive right since its purpose is only to introduce. The Philippines is a Democratic and Republican State -Sec. 1 Art. II Const. Characteristics of a democratic and republican state - Republic a representative government, a government run by and for the people. The essence of republicanism is representation and renovation - Democratic a government by the people. The will is determined by the rule of majority In a democratic and republican State, disclosure of information is the general rule; an executive privilege is the exemption -Sec 21 and 22 Art. VI Const. Senate of the Philippines v. Ermita -Executive Privelege the power of the Government to withhold information from the public, the courts, and the Congress, as well as the right of the President and high-level executive branch officers to withhold information from Congress, the courts, and ultimately the public. - When Congress merely seeks to be informed on how department heads are implementing the statutes which it has issued, its right to such information is not as imperative as that of the President to whom, as Chief Executive, such department heads must give a report of their performance as a matter of duty, but when the inquiry in which Congress requires their appearance is in aid of legislation under Section 21, Article VI of the Constitution, the appearance is mandatory for the same reasons stated in Arnault v. Nazareno; The oversight function of the Congress may be facilitated by compulsory process only to the extent that it is performed in pursuit of legislation. Renunciation of War as an Instrument of National Policy -Sec. 2 Art. II Const. Who may declare war? -The renunciation of war as an instrument of national policy is itself a generally accepted principle now categorically expressed in the UN Charter. -The view that war here eschewed is an offensive and not a defensive war -Sec. 23(1) Art. VI empowers the Congress to declare not war but the existence of a state of war presumably commenced or provoked by the enemy State. -see Sec. 7 and 8 Art. II The Philippines adherence to the Doctrine of Incorporation in International Law

-Sec. 2 Art. II Const. -The Doctrine of State Immunity from Suit the State cannot be sued without its consent Basis there can be no legal right against the authority which makes the law on which the right depends When an action is one against the State When it will require that the government to perform an affirmative act to satisfy the judgment, viz., the appropriation of the necessary amount to cover the damages awarded (Sanders v. Verdiano) Waiver of Immunity Consent of the State >Expressed Consent General law or Special law enacted by the Legis. >Implied Consent when the State commences litigation (defendant is entitled to file a counterclaim) or when it enters into a contract >Jure Imperii sovereign and governmental acts (State Immunity is present) >Jure Gestionis private, commercial and propriety acts Suability v. Liability >the mere fact that the State is suable does not mean that it is liable. >Suability the result of the express or implied consent of the State to be sued. >Liability determined after the hearing on the basis of the relevant laws and established facts Suits Against Government Agencies >ascertainment will depend in the first instance on whether the government agency impleaded is incorporated or unincorprated >Incorporated Agency has a charter of its own that vests it with separate juridical personality >Unincorporated Agency has no separate juridical capacity but is merged in the general machinery of the government >Test If incorporated, suability is found in its charter. Suits against Government Officials >where a public officer acts without or in excess of jurisdiction, any injury caused by him is his own personal liability and cannot be imputed to the State The Doctrine cannot be used to perpetrate an injustice on a citizen -The Doctrine of Sovereign Equality of All States -Pacta Sunt Servanda The rule that agreements and stipulations, esp. Those contained in treaties, must be observed -Yogyakarta Principles the application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity The Civilian Supremacy Clause -Sec. 3 Art. II -see Republican State The Right to a Balanced and Healthful Ecology The Filipino First Policy -Sec. 10 par. 2 Art. XII Const. -In the grants of rights, privileges and concessions covering the national economy and patrimony, the state shall give preference to qualified Filipinos Academic Freedom of Institutions of Higher Learning

-Academic Freedom freedom to determine for itself on academic grounds: -who may teach -what may be taught -how it shall be taught -who may be admitted to study (Miriam College v. CA) -Contract Imbued with Public Interest We have also stressed that the contract between the school and the student, imbued, as it is, with public interest, is not an ordinary contract (Isabelo v. Perpetual Help College of Rizal) -Sphere of Autonomy Where it is shown that the conferment of an honor or distinction was obtained through fraud, a university has the right to revoke or withdraw the honor or distinction it has thus conferred. This freedom of a university does not terminate upon the graduation of a student, as the Court of Appeals held. For it is precisely the graduation of such a student that is in question. xxx Wide indeed is the sphere of autonomy granted to institutions of higher learning, for the constitutional grant of academic freedom, to quote again from Garcia v. Faculty Admission Committee, Loyola School of Technology, is not to be construed in a niggardly manner or in a grudging fashion. Separation of Powers Branches of the Government Legislative Purse/Galleon/Coin Executive - Sword Judiciary Scales Constitutional Commissions Commission on Audit Commission on Elections Civil Service Commission Doctrine of Separation -intended to prevent a concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the determinant of our republican institutions

Checks and Balances -one department is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. (examples see page 77. Cruz 2002) Blending of Powers -when powers are not confined exclusively within one department but are in fact assigned to or shared by several departments (eg: power of appointment and enactment) Role of the Judiciary -to determine the boundaries between each branches of the government -what it is upholding is not its own supremacy but the supremacy of the Constitution (Angara v. Electoral Commission) -*Whether or not the power in question, regardless of its nature, has been constitutionally conferred upon the department claiming its exercise !!~ to determine whether or not there had been a grave abuse of discretion amounting to lack of excess of jurisdiction ~!!

Justiciable and Political Questions -A purely justiciable question implies a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted and sanctioned by law, for said breach of right. (Casibang v. Aquino) -legality or validity of an act -Where the matter falls under the discretion of another department or especially the people themselves, the decision reached is in the categopry of a political question -Wisdom, efficacy or practicability of a law -a question of policy Delegation of Powers Doctrine of Non-Delegation of Powers what has been delegated cannot be delegated Doctrine of Necessary Implication the grant of an express power carries with it all other powers that may be reasonably inferred from it (to imply what from what has been expressed) Permissible Delegation of Legislative Powers (PETAL) -Delegation to the People at large -Referendum and Plebiscite -Emergency powers to the President -Conditions >Existence of War or other National Emergency >Delegation must be for a limited period only >Delegation must be subject to such restrictions as the Congress may prescribe >must be exercised to carry out a national policy as the Congress may prescribe (Event, Time, Conditions, Purpose) -Tariff powers to the President -delegation to Administrative bodies -implementation of Implementing Rules and Regulations (IRR) -delegation to Local governments -implementation of local regulations Tests of Delegation -The purpose is to prevent undue delegation of powers. Completeness Test -the law must be complete in all it essential terms and conditions when it leaves the legislature so that there will be nothing left for the delegate to do when it reaches him except enforce it Sufficient Standard Test - A sufficient standard is intended to map out the boundaries of the delegates authority by defining the legislative policy and indicating the circumstances under which it is to be pursued and effected -examples: Public Interest, Public Welfare, Justice and Equality, Sense and Experience of Men, National Policy, Simplicity, Economy and Efficiency