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CONSTITUTIONAL LAW 1 DISCUSSION (Coverage for Finals)

June 19, 2013


Preamble, National territory, and Art. 2
Doesnt provide for rights whatsoever
Treated lightly
Some of the most important provisions
Preamble

Tells us who we are and who we want to be


o Use of the word we
It is direct and more personal
Implies a ratification of the revolutionary interregnum from the
administration of Marcos and the 1987 constitution
1st part: Marcos left, Cory declared democratic
2nd part: Cory and the freedom constitution (March 1986)
embodied its own bill of rights
Justice Puno there is only a very brief period
o Governed by the basic international human
rights law
o POV of international law if we decide to
terminate the Phil constitution, it is
impossible we would still live in basic
international law right to life, liberty, and
basic fundamental rights will be equated to
the bill of rights but were derived from
international human rights law, not only in
the laws of the land
o Fundamental government that shall embody our ideals and aspirations
Provision lifted from the freedom constitution of Cory Aquino
What is our ideals and aspirations?
Continue to ask the said question

National Territory
Defining and creating space that we want to be under control or within our jurisdiction
or sovereignty
What is ours?
o What the law states, that is what is ours.
Philippine archipelago
o Based on the treaty of paris
It has significant implication in how we execute our policy not only in
respect of our neighbors but those included in international conference
(groups)
Islands and waters embraced therein
o Lack of clarity
Waters around betweenform part of the internal waters of the Philippines
o Within the absolute control and complete national sovereignty
Not parallel with UNCLOS III
Magallona case: tried to skirt the said challenges
Meantime, it is successful!
Legislative agenda: implement the law of the sea
RA. 9552 : This just defined the baseline
Question the maritime zones

Delimitation of the treaty of paris


12nm territorial sea: as if they were internal waters
(national sovereignty) which posses the right of
innocent passage
o Internal waters do not posses right of
innocent passage
12nm (plus) contiguous zone : authority to enforce
sanitary and environmental laws
200nm from the baseline : EEZ sovereignty is
basically economic
o we did not lose, we gained so much in EEZ
o exploitation and other economic rights
o it is really a lot of water to protect in real life
rules about conservation, etc.
not a problem because it is about the rights and
obligations to certain maritime zones

Principles and Policies


At the end of the day, it doesnt mean anything in real life
Provides a sense of what really
Graphic and illustrative character in the constitution
Supremacy clause (Sec. 3)
o IBP vs. Zamora
with respect to incidental and inherent powers of the president
tension between trying to define and justify the directive of Estrada as a
call out or treat it as that of the case of Marcos vs. Manglapuz.
Out of the concern
Policy making and judicial decision making
o Bayan vs. Zamora
Sec. 8 of Art. 2 (nuclear weapons)
WON the VFA was consistent with Sec. 8?
In its territory (emphasized the importance of what is our
territory)
It doesnt address the said issue
Important : US policy that they would neither confirm
or deny is that those ships contain nuclear power
Relationship with the US
June 26, 2013
People (sovereign)
Executive
Judiciary
Legislative
o Congress
Senate (24 members)
Natural born citizen
Those who do not have to perform any act in order to
acquire citizenship
CITIZENS OF THE PHILIPPINES (Art. IV)
Co vs. HRET
o What is the doctrine that is espousing in this
case?

Essentially, they had retroacted the


constitution way back 1935
He did not need to do an election
because he is already a natural born
citizen because of facts such as
naturalization of father
Bengzon vs. Cruz
o Citizenship is like virginity: Once lost, you
cannot regain it.
This was proven wrong by this case
because it was established that
Philippine citizenship can be
reacquired by: 1) naturalization 2)
repatriation 3) direct act by the
congress
Valles vs. COMELEC
o Jus sanguinis (child follows the citizenship of
his parents: by blood relationship) vs. jus soli
(by place of birth)
Able to read/write
Registered voters in any district
35 years old
resident of the Philippines for at least 2 years
if they meant domicile, why didnt they say domicile?
Domicile vs. Residence
o Domicile of origin (domicile of your parents
or where youre born or where you
established so much)
o Which is easier to lose?
Neither is easier to lose
In practical terms, its difficult to
argue that a person lost his domicile
of origin.
Has a term of six years
Cannot be elected for two consecutive terms
House of Representatives (used to be 250 members)
o Natural born citizen
o Able to read/write
o Registered voters in any district
o 25 years old
o resident of the Philippines for at least 2 years

JUNE 28, 2013


Legislative
Congress
o Senate
24 members
a term of 6 years
o HOR
Art. 16-21
FOR FRIDAY NEXT WEEK
Herrera vs. COMELEC

JULY 3, 2013
Senate President (3)
Speaker (4)
Specifically named in the constitution
But the house can have their own members if deemed necessary by each house
JULY 10, 2013
July 1 first day of filing of bills
Assumption of office
1st reading
5 seconds affair reading of the title
2nd reading
introduce the bill to the houses as sponsorship page
public statements and debates
COMMITTEE AMENDMENTS
o Amendments made by the committee
INDIVIDUAL AMENDMENTS
o Each member will say their amendments
THEN VOTES
then printing and distribution
3rd reading
up or down vote
no amendments
3 consecutive days once it is certified by the president because of public calamity or
national emergency
o TOLENTINO
If in extreme cases,
Different from the situation where the writ of habeas corpus is
suspended
This is a procedural rule unlike habeas which is substantial
Is this really procedural?
what is the foundation? Se. 26
LEGISLATIVE PROCESS
riders in terms of the germane
o embrace only one subject
o PHILJA
Title is not an index
o TIO
Title must be comprehensive
You have to construe it liberally than strict
By the virtue of the general purpose of the bill
o TAN
Cannot be a compendium of what is provided in the law
o Farinas
Law is valid because title is encompassing
Well discussed and went into the real scenario
Regardless of any objection as of the germaneness of the law,
the records show that it was well discussed.
o One cannot say that the congress was defrauded
It is now forwarded to the bicameral committee
o You can have an amendment by complete substitution as long as it is germane
to the purpose of the law

Doesnt have to do the three readings because it is absurd for it will require to
go to the whole process again which will lead to creating an entirely new law

VETO
o

How many days to veto?


30 days because if he wont sign it, it becomes a law
o ordinarily, veto everything even if you only dont like one sentence
o line item veto
Appropriation, Revenue, Tariff
IMPORTANT CASES
CIR
PHILJA
Gonzales vs. Macaraig
ORIGINATING CLAUSE
o The house initiates the process
o Revenue, tariff, appropriation, private bills, local application
o As long as the senate waits for the house bill to be initiated, even if they have
conducted/initiated a bill,
SUPREME COURT JURISDICTION
o Cannot increase appellate jurisdiction except when they advised and concurred
ROYALTY IS NOT ALLOWED
QUESTION OF HOUR
o Head of departments in aid of legislation
Own initiative (voluntary)
President

IN AID OF LEGISLATION
o BENGZON CASE : read the dissent
o Benchmark should be standard charter bank vs. senate
Made emphasis to the speech of enrile
What happens in a situation where you have a clear neutral seemingly
charter (?)
Relate it with the legislative power
o Senate vs. Ermita
Executive privilege needs to be invoked and needs factual basis
o Neri
Diluted by the SC
Accepted at face value without factual basis
Information was privileged
Only 6 justices approved or agreed

July 19, 2013 (INTEGRATION)


*Under the constitution unless provided otherwise by law, the regular elections would be on 2 nd
Monday of May for every election year.
*4th Monday of July start of regular session
*30th day of June mid-day : end of terms and start of the successors
LEGISLATIVE POWER
to create laws and repeal them
o irrepealable law is not allowed
Plenary and absolute
o Exceptions:
to the extent that the 1987 constitution reserves to the people by
initiative and referendum

2 types of representatives
o district
o party list
residency requirement does not apply
KNOW WHO ARE NATURAL BORN CITIZENS (Art. IV)
those who are repatriated is included
represent specific sectors and accommodate regional and national
not synonymous to Sectoral Representation
registered national, regional, sectoral
must represent the marginalized and unrepresented
Banat: major political parties cannot run under the partylist
system
Atong Paglaum: jurisprudence which solves the problem about
the party list system
Veterans: 20% is only a parameter and not a requirement (it is
just the maximum)
4 parameters (check the case)
o 20%
o 2% threshold
o 3-seat
o proportionate representation
o sectoral representation (inexistent today)
upperhouse: senate
lower house: house of representatives
Residency
o in able to vote (physical presence)
Domicile
o Must be established even if you are not physically there, as long as you have not
abandoned your domicile of origin
o domicile of choice: easy to lose
Physical presence and the element of intention and motivation to
leave/abandon and establish/reestablish
PARAMETERS TO LEGISLATIVE POWER
o It is non-delegable
Vested solely in the congress of the Philippines
Any subsidiary delegation must only be contingent and the
policy of the congress must be clearly established
limited by determinable or determinate
test of completeness
complete articulation of the national policy
test of sufficient standard (is parameter clearly established?)
o CONTINGENT LEGISLATION
subordinate legislation
o Tablarin case: (revisit this case)
Be familiar with the cases!
o Quorum
majority plus 1 of a particular house
once you have a majority, you can conduct ordinary business
BEAR IN MIND THE NUISSANCES
Majority of each house
Avelino vs. Cuenco (visit again)
LEGISLATIVE PROCESS
o 4th of July 14
o three year life (congress)

o
o

o
o

1st of July when the bills are filed


1st reading : reading of the title of the law and referral to a particular committee
committee
there will be hearings
committee report
highlights the benefits and problems
once approved, it will go to the plenary for the 2nd reading
2nd reading:
period of interpellation
period of amendments
individual amendments
voting
3rd reading
there should always be a gap between the 2nd reading and 3rd reading
there must be 3 days intervening to provide copies of the bill
VOTE YES OR NO
Send to both houses for ratifications
BICAMERAL
you can have a completely new bill
doesnt necessarily as a compromise of two bills
it has to be germane to the topic of the original bill
RIDERS
ordinary (not germane to the title: one subject only expressed in the
title of the bill)
PURPOSE: prevent log-rolling registrations (PHILJA case)
prevent surprise or fraud from members
transparency
TIO
it needs to be comprehensive enough
as long as the general object of the
decree/item/provision is connected, then it is fine
what is the benchmark?
appropriations bill
ORIGINATING CLAUSE
should exclusively originate from the house of the
representatives
o it is more in touched to the people
o SC makes a distinction from law originating
from the house and bill originating from the
house
the law may not be the bill that comes
from the house
what this really means is that the initiation must be
from the house of the representatives
senators can file but it is important to remember that
they have to wait for the house version
it goes to the president and signs it
OR the president can veto it
President can sit on the bill and do nothing, after 30 days, it will be
deemed instituted as a law
line item veto
appropriation, tariff, and revenue legislations are allowed to be
vetoed
GONZALES vs. MACARAIG

Vetoed certain provisions


The law can sometimes have problems
US vs. PONS
The journal is binding than the intrinsic evidence for
you cannot rely solely upon the memory of human
being for it is misleading sometimes
CASCO
Enrolled bill doctrine
ASTORGA
Sen. President withdrew his approval
o Court allowed the annulment of the piece of
legislation
ARROYO
The house of congress may violate its rules as long as
no private individual is harmed
SPECIFIC POWERS OF THE CONGRESS
Power of inquiry
Distinction between the question hour (more flexible
for it is just a provision where heads of departments
upon the call of the congress, president, or voluntary
appears)
In aid of legislation (blue ribbon committee)
o it cannot be something that is open ended
o direct and principal relationship to legislative
GARCILLANO
Consti requires that all the
inquiries must be in
accordance with duly
published regulations
rights of the witnesses must
be protected
SENATE vs. NERI
NERI vs. ERMITA
both shall be studied very
carefully
war and emergency powers
2/3 of the members of the congress must vote for the
declaration of existence of war
WAR POWER
o the declaration of the existence triggers:
protection for the diplomatic
relationships
corporate law principles
issue of separation of
juridical personality
some provisions that allow
you to pierce certain
information
EMERGENCY POWER
o Given during times of war
o for a limited power
o President may declare pursuant to the law
PRESIDENTS ORDINARY EXECUTIVE POWERS
PRESIDENTS RESIDUAL POWER

POWER OF THE PURSE


o Legislative power exercised by legislation and
not by executive fiat
o appropriation must be specific
except: automatic debt services
(guingona vs. carague)
it was determinate
there are significant
implicatons of sovereign
default
o appropriation must be for a public purpose
for it is an expense of taxation
prohibitions
sects, churches, (check the
provision)
o General appropriations act
30 days after the state of the nation
address (opening of the year)
agencies get together internally to
decide on their budget for next year
and makes a proposal to the DBM and
they finalize and submit to the
president upon the opening of the
year
what happens if he fails to do this?
The budget for the preceding
year will be followed
Garcia vs. Mata : it was not an
appropriate provision for it
is about how long should an
army stay (tenure)
cannot pass a law to transfer
appropriations from branches unless
for the purpose of augmentations
(but only from the savings of each
branch)
where do you get the money?
Primarily from revenue or
tax measures as well as tariff
or custom measures

System of taxation
Must be uniform (geographical uniformity) and equitable (must evolve
from a progressive taxation: exclusive growth)
GARCIA vs. EXECUTIVE
particular delegation of power to the president
tax exemptions are strictly construed
CENTRAL MINDANAO
question of actual use or prospective use
o Do not second guess the particular user of the
property
o must be exclusively used for charitable
purposes
Commission on Appointments
Chaired by the senate president
12 senators 12 congressmen

chair only votes if theres a tie


approves presidential appointments
CASES ON PROPORTIONAL REPRESENTATION
DAZA
Permanence
proportional representations
o the shifts have to have a certain degree of
permanence
GUINGONA
12 is not mandatory and you can actually have less
than 12
BONDOC
Emphasizes the independent, impartial nature of
tribunal vis a vis the proportional representation
o Electoral Tribunals
You cannot expel all members
GARCIA vs. HRET
non-payment of the cash requirement of the tribunal
when does it become an electoral contest?
Proclaimed, taken his oath, and assumed office
REYES vs. COMELEC
SC said that it becomes an electoral contest
cannot be proven until June 30 (will not be part of the
midterms!)
EXECUTIVE POWER
o Vested to the president of the Philippines
o Executive privilege (Senate vs. Ermita)
Soliven vs. Macasiar
Presidential immunity is personal and must be invoked by the
president
Estrada vs. Desierto
There is judicial inclination that expands the privilege
No post-tenure immunity
immunity is functional to prevent a situation wherein
he cannot do anything but face the problems
after his tenure, the immunity will be struck down
there is a generalized interest in confidentiality
has to be able to pinpoint specific reasons in the terms
of why questioning should not be allowed in public
session
POWER OF CONTROL
Lacson
allows the Executive sec can act for the Chief of the
Philippines by the authority of the president
this delegation of the presidents power of control
cannot go beyond the areas reserved for the president
alone
GOCCs are covered by the power of control
motu proprio
DENR vs. employees
power of control and reorganized under qualified
agency can be delegated to the department heads by
the president
URGE to read US. Nixon

Clear view of the executive power


Qualifications of the President and Vice-President
Direct vote
removal can only be via impeachment
IMPORTANT CASE: Tecson vs. COMELEC
o Qualifies civil law
o illegitimacy
not eligible for any reelection (president)
4 year bar
VP may be a cabinet member
voluntary renunciation does not equate to termination
PLEASE REFER TO THE CODAL
Macalintal vs. COMELEC
It could not have been the intention of the congress
LOPEZ vs. SENATE and the HOUSE
Joint canvassing committee
o Not to meet in plenary (boring process)
o asked a smaller group to do the canvass and
give to the plenary once done
o SC: the whole congress comes back and looks
at the report and decides
PIMENTEL
Terms of the legislative officers ends 30 days before
start of a new session
FPJ case
Substitution of Susan Roces
o Must be real party in interest : Susan cannot
be the person for she was not the candidate
and doesnt have any intention of assuming
the position
Beginning of the term
30th of June
Have a residential address
No emolument from the government
SONA at the opening of the congress
LEAVE THE SUCCESSION LIKE THAT

SECTION 1, ARTICLE 8
JUDICIAL POWER
Vested in One SC and lower courts as may be provided by law
o ONE: deliberate which means that there can be only ONE SC
o What is a judicial power?
There can be other inclusions and what inclusions there are, are not yet
clear.
they want to preserve some degree of flexibility in a world
which continues to change everyday
not only an authority or responsibility but A DUTY TO SETTLE
ACTUAL CONTROVERSIES INVOLVING LEGALLY
DEMANDABLE AND ENFORCEABLE RIGHTS
includes the duty to determine grave abuse of
discretion amounting to lack or excessive jurisdiction
CASES:
SANTIAGO : error vs. wrong
o WRONG is a violation ofa right

MARCOS: GADALEJ / Lansang vs. Garcia: assumed


jurisdiction
o POLITICAL QUESTION DOCTRINE is not
discarded by the 1987 constitution but is
narrowed down, modified, and limited
ECHEGARAY: anticipation that the congress is going to
repeal the death penalty law
o Residual inherent judicial power: control in
the execution
US VS NIXON: charges of genocide can be invoked

APEX of the Judiciary is the SC


15 members
o Chief Justice and 14 Associate Justices
o 1st Division : CJ
o 2nd Division Senior Justice
o 3rd Division : third ranking
o 4th Division : 4th ranking is the working chair of the 1st division
REQUIREMENTS
o 40 years of age
o natural born (lower of collegiate courts)
o 15 years of service
as a judge
practice of law (cayetano case)
Membership of the Judiciary
o Citizen of the Philippines
o members of the bar
o proven competence, integrity, independence, etc
CASES
o QUITAIN: did not disclose that he was previously charged with an
administrative case and was actually previously dismissed
Proven competence, is a must to come clean
Judicial and Bar Council
innovation with the intention that you will be able to appoint the best qualified member
of the judiciary and insulate appointments from political maneuvering
o 7 members
ex officio
cj
secretary of justice
member of the congress (either house of representatives or
senate)
regular members are appointed by the President with the approval of
the CA)
representative from ibp
professor of law
retired SC
private sector
o Decision of the SC (division and en banc are the same)
o EN BANC
constitutionality
laws and treaties and international agreements
Required by the Rules of Court
Do not gain division majority

participated, deliberated and voted


HOWEVER, it need 3 memebrs then passed to the EN BANC
Reverse doctrine
Acts of the PET/VPET
Administrative cases
disciplinary (this is qualified)
GACOTT CASE: we do not want to clog the SC en banc
o Reprimands, suspends (division)
Dismissal

Salaries of the Judiciary are fixed by law


NIFTAN: Can be taxed
o Salaries are subject to income tax
Hold office until the age of 70
VARGASL Congress cannot pass a law that allows them to disqualify SC
o Impeachment
o Temporary/Permanent: Only one SC, thus, it is permanent
DE LA LLAMA: Is this still a good law? YES
o Separated Judicial positions (Reorganization act)
o It was held to be valid
check the dissent of Teehankee
How does SC operate?
Administrative supervision of all the lower courts
o Exclusivity of power is vital
MACEDA CASE: Ombudsman hands off! Only us have the power to
discipline them, thus, you do not have the power to dismiss them
pursuant to the separation of powers
Fiscal autonomy
o Automatic release
BENGZON: judiciary as a power of full flexibility utilize the utilities
needd
RADIOWEALTH: not only deciding controversies but administer justice
DBM cannot dictate on the SC
o Quasi/administrative
o process required in making decisions
court needs to meet, discuss the case, meet a decision, and assign
someone to write the resolution
if you dissent/abstain, the constitution requires you to explain why for
transparency and accountability
CASES:
AIRFRANCE : judge did not meet the requirement of
explaining and discussing the decision thoroughly
VALDEZ: no facts were presented
LIZADA: judge copy pasted the evidences presented :
there has to be logical thinking process in coming up
with decisions
VELARDE VS SJS (PLEASE READ) : court lays down
what it thinks is needed to arrive at a good decision :
no dispositive portion (separation of church and state)
Minute Resolutions
What?
One sentence dismissal which is no longer allowed but is still there

TIMELINE FOR DECISIONS (Section 15)


24 months from submission
12
3
Sept. 6, 2013
CSC, COMELEC, COA
Macalintal : independence of the constitutional commissions
o members can be removed only by impeachment
o during their tenure, no diminution of salaries, prerogative to appoint their own
staff, they enjoy fiscal autonomy
o Government: DBM is in charge of the purse of the state
cannot be imposed upon the constitutional commissions
Civil Service Commission
chairman and two commissioners (7 years term)
natural born citizens
proven capacity for public service
COMMON: they cannot be candidates on the election preceding their appointment
o FEB 2 1987: start of all the succeeding terms of the commissions with two years
interval because of what is provided in the constitutions
o cannot be appointed in a temporary or acting capacity
What is covered?
o Sec. 2 : it covers everyone
o requires that it be based on merit and fitness
how do you ensure? By competitive examinations
EXCEPT: non-career service (because of statutory provision or
co-terminous position or tied to a specific time bond position
Career: by merit and fitness
EXCEPT: policy determining, highly confidential, and
everyone enjoys a fixed security tenure which can only be broken by
cause
you inhibit yourself from electioneering or partisanship
EXCEPT: members of the cabinet
continue to have the right to self-organizations (unions,
cooperatives, etc)
GOCCS that have originally charters which are not organized by the
Corporation law
o Cases:
EIIB vs CA: it is important to look at the nature of the work done by the
public servant
it is the courts that will have to decide
court said, whatever the debates about the nature of the job,
the exception provided by the constitution come from the
competitive examinations
CSC vs. PAGCOR: it is the nature of the work that determines the
category of the position
initial determination will be made by the agency
enunciation of the rule on proximity: when you claim that a
position is confidential in nature, the proximity rule should be
applied
Canonizado vs Aguirre: abolition of positions
PNP reform act in the 1990s
the law reestablished a national police commission

all the incumbent members term will be deemed expired


SC: recognized that congress has the power to abolish
there is no genuine abolition for no bona fide
reorganization or restructuring of the office
WHETHER ABOLITION IS VALID IN THE CONTEXT OF
CIRCUMSTANCES
GLORIA VS. CA: school superintended appointed in QC. Sec. Gloria
reassigned to become a vocational school supervisor in Marikina
SC: this was no temporary reassignment and if reassigned with
intention to try to ease you out of the position which you have
a security of tenure will be a violation of your right
Dimayuga vs Benedicto: distinction between rank and position
in CSC you only need a rank via competitive examinations
Seneres vs comelec and robles:
MAYOR VS MACARAIG: RA which reorganized the NLRC
appointment: giving of the position
designation: added work
CSC doesnt have the power of control of the appointments
strictly limited to making sure that the appointee has the
qualifications for positions
no power to substitute its wisdom with respect to who is
better
Santiago vs CSC: Next in rank is not a grant
no vested right
Astraquillo v Manglapus
discussion about the

COMELEC

Bigger than CSC and COA


chairman and six commissioners (7 years term)
members have to be natural born, 35 years old on the day of their appointment
minimum requirement: college degree
majority including the chair have to be members of the Philippine bar with 10 year
experience
COMMON:
cases:
o Brillantes: Davide fact finding investigation about coup d etat
Yorak was appointed as acting chair which was questioned by
Brillantes
That it is a violation of the constitutional prohibition for
appointments
independence should be guaranteed
o Cayetano v. Monsod: chairman monsod was a member of the bar,
interpretation of what it means to be in a practice of law
Commission On Audit
Chairman and two commissioners (7 years term)
COMMON
ADDITIONAL REQUIRMENTS:
o limited to CPA and lawyers
o must be in the practice of these professions for at least 10 years preceding their
appointment
Cases:
o Dingco vs Guingona: COA can review and evaluate
PROHIBITIONS
Cannot hold other office during their term

Cannot practice your profession during your term and tenure


cannot have any active interest in the manage of the business
cannot have any direct or indirect interest in the government
o compare it to Article 7

PROCESS OF RULE MAKING


they can promulgate their rules but must be promulgated en banc
protect substantive rights
o Aurelio vs. CA: COMELEC rules cannot apply to the ROC when it comes to the
RTC
o Antonio vs. COMELEC: they can promulgate rules that are contrary to the ROC
must be decided by the majority votes of all the members of the
commissions to be decided within 60 days upon the filing
any decisions of these commissions have to be appealed in the SC for
certiorari within 30 days
o Mison vs COA : technical assistant decided on a particular matter which is
prohibited
o Ampil vs COMELEC: decision was promulgated after a particular commissioner
left (ended)
o Estrella vs COMELEC: decision should be based on the total number of members

CONSTITUTIONAL LAW 1 DISCUSSION (LAST DAY; September 20, 2013)


1.
2.

3.

What is republicanism?
a. A form of government wherein the sovereignty resides from the people which is
exercised by the representatives elected by the people
Who we are?
a. To build a just and humane society, to establish a government that shall embody our
ideals and aspirations
b. Democratic and republican state
c. Sovereignty resides in the people and all government authority emanates from them
d. Renounces war as an instrument of national policy; nuclear weapons free zone
i. Where do we stand?
e. Adopts generally accepted principles of international law
i. You cannot possibly completely understand this without trying to
understand public constitutional law
f. Civilian authority is at all times supreme over the military protector of people and
the state
i. What does this mean in the context in Zamboanga?
ii. Does the president have complete control of what is actually happening
there?
g. Separation of church and state shall be inviolable
i. RH law
h. The state shall pursue an independent foreign policy
i. Needed in order to attain independent foreign policy but how?
ii. Is this always paramount?
iii. Three pillars: 1)
i. The goals of the national economy are more equitable distribution of opportunities,
income and wealth; sustainable growth; and expanding productivity
j. The state shall pursue a trade policy that serves general welfare
i. Is our trade policy consistent with the constitution?
k. The state shall promote and just and dynamic social order free the people from
poverty
l. Public office is public trust
m. The state values the dignity of every human person and guarantees full respect for
human rights
n. Women rights
o. Various degrees of right, exhortations and recognitions
i. Social justice
ii. Sanctity of family life
iii. Vital role of the youth
iv. Balanced and healthful ecology
v. Health of people
vi. Education, science and technology, arts, culture
vii. Labor as a primary social economic force
viii. Role of private sector
ix. Vital role of communications and information in national economy
x. Local autonomy
National territory
- If Maldives disappears because of climate change, do they continue to exist as a state
when found to different places?
o Statehood: 1) national territory
a. Philippine archipelago
i. All the islands and waters embraces therein
ii. What is the Philippine archipelago?

1.

iii.
Treaty of paris, UNCLOS, and the PH reservation
and all other territories over which the Philippines has sovereignty or jurisdiction
i. Sabah, islands that we are claiming in the West Philippine sea
ii. This is a vague provision
d. Maritime zones under UNCLOS; vis PH Baselines Law
i. Define what the baseline is of the Philippines depending/pursuant to
UNCLOS
ii. Territorial sea
iii. Contiguous zone
iv. EEZ 200 nautical miles
v. Continental shelf those underneath
e. Archipelagic waters as treated in the Constitution and under UNCLOS
i. This is very controversial
ii. Notwithstanding the overlaps, they are different
iii. AW are internal waters over which we have sovereignty; AW will provide
the right of innocent passage even to non-filipino
f. Magallona case
i. Constitutionality of the PH baselines law
g. Read later on with the National Economy
Great powers of the republic
a. Legislative, executive, and judicial power
b. Republican government as founded on the sovereignty of the people and principle of
separation of powers
c. State cannot be sued without its consent
i. Rooted in the ancient belief that the king can do no wrong is no longer
tenable in the age of human rights and transparency
d. Constitutions of trust and distrust
i. Bill of rights constitution of distrust
e.
Legislative power
a. Make, alter, repeal
b. Vested in the congress senate and house of reps
c. Is it plenary? Yes ; absolute? No
d. Non-delegable
e. Set policy, determinate or determinable standards
i. Complete laws should be about filling up details
f. Filling up details or contingent legislation
g. Two tests: 1) completeness and sufficient standard
h. Non delegation jurisprudence
i. What can be delegated is the discretion to determine how the law may be
enforced, not what the law shall be. This is the vital twst. (Eastern Shipping
vs. POEA)
ii. Justice Laurel: growing complexity of modern life (Tablarin v Gutierrez)
iii. Law cannot be expanded by regulations. (Cebu Oxygen v Drilon
iv. in discretion of the court penalty is void. (Peo v Dacuycuy)
v. Contingent legislation - effectivity is made to
i. Composed of the Senate (24 at large) and (250 before/285 no, including district and
party list)
j. Qualifications are prescribed by the constitutions; thus drug testing cannot be
imposed except for nuisance candidates
b.
c.

4.

5.

It is defined by the treaty of Paris


a. Which brings us to the hassle of UNCLOS for it doesnt
recognize a particular part in the Treaty of Paris
b. PH reservation serves to backup the UNCLOS

k.

6.

Qualifications who are natural born citizens? Is residency equivalent to domicile?


No (residency temporary)
l. Regular v special sessions
m. Congress convenes once a year on the 4th Monday of July until 30 days before the
next session (this is mandatory)
n. Legislative calendar must be synchronized because neither the house can adjourn
for more than 3 days without the others consent
o. SP and speaker majority vote of all members, plus other officers
p. Quorum majority of each house can do business
i. Avelino v. Cuenco SC introduced the concept that the government person
is beyond coercive authority
ii. Santiago v Guingona Who is the minority? challenge of plurality
q. Milestones
i. Journals v records v enrolled bill
ii. No riders in legislation; originating clause (only with respect to certain
classes of legislation); bicameral proceedings; importance of veto power of
the president
iii. Power of inquiry (in aid of legislation members of the senate of the house
can exercise of power); Question of hour (
iv. War and emergency powers
v. Electoral Tribunals sole judge of all election cases (look for the pending
case of Reyes) which is a shared duty with the SC; independence from the
house to which it pertains (not bodies nor committees of either the HOR or
Senate); Bondoc vs Pineda
vi. Party list system not synonymous to sectoral representation, and is
geared towards opportunity for those unable to win big elections (advocacy
and ideology); series of cases to be read together would be Ang Bagong
bayani, Banat, and Atong Paglaum; computing proportional representation
(veterans and banat)
Executive Power
a. Vested in the president
i. Marcos vs Manglapus - express and residual powers
ii. Executive immunity (separation of powers with full flexibility of functions
PGMA cases with the senate
1. Those invoked by the members of the congress
2. Check the voting pattern in the Neri case
iii. Judicial disinclination to expand privilege when it impedes the search for
truth and impairs the vindication of a right. No generalized interest in
confidentiality can prevail over the demands of due process of law
b.
c.
d.
e.
f.

7.

Qualifications
i. tecson vs comelec
Rules of presidential transition
Appointments ban
i. This pertains wholly to the appointments by the president (read the dissent
in dela Rama)
Double employment
i. CF with Civil Service rules