Vous êtes sur la page 1sur 9

CONSTITUTIONAL LAW 1

STRUCTURES AND POWERS OF GOVERNMENT

I. IN GENERAL

A. Political Law, Defined (Case: Macariola v. Asuncion, 114 SCRA 77 [1982]).

“Political law has been defined as that branch of public law which deals with the
organization and operation of the governmental organs of the State and define the
relations of the state with the inhabitants of its territory (People vs. Perfecto, 43 Phil.
887, 897 [1922].”

B. Constitutional Law, Defined

“Constitutional law is defined as the branch of public law, which deals with the
constitution: their nature, formation, amendment, and interpretation.”

C. Constitution, Defined (Types and kinds of Constitution)

“Constitution is a written instrument (document) by which the fundamental


powers of the government are established, limited, and defined, and by which these
powers are distributed among several departments for their safe and useful exercise
for the benefit of the body politic.”

- Justice Miller, US Supreme Court

Constitution may be classified as follows:

1. As to origin and history:

a. Conventional or enacted - one which is enacted by a constituent assembly or


granted by a monarch to his subjects (e.g. Constitution of Japan).

b. Cumulative of Evolved - one which is a product of a long period of development


originating in customs, traditions, judicial decisions etc, rather than from deliberate
and formal enactment (e.g. English Constitution).

2. As to form:
a. Written Constitution - one which has been given definite form at a particular time,
usually by a specially constituted authority called a “Constitutional Convention” or
Constitutional Commission.”

b. Unwritten Constitution - one which entirely a product of political evolution,


consisting largely of a mass of customs, usages, and judicial decisions.

3. As to manner of amending them:

a. Rigid or inelastic - one regarded as a document of special sanctity, which can not be
amended or altered except by some special machinery other than ordinary legislative
process.

b. Flexible or elastic - one which possesses no higher legal authority than ordinary laws
and which may be altered in the same way as other laws.

II. BACKGROUND OF THE PRESENT CONSTITUTION

A. The February 1986 Revolution and the Proclamation of the Provisional


Constitution.

a.) Proclamation No. 1 - Feb. 25, 1986 (Prov. Gov’t)

MALACAÑANG
MANILA

PROCLAMATION NO. 1

Sovereignty resides in the people and all government authority emanates from them.
On the basis of the people’s mandate clearly manifested last February 7, I and Salvador H. Laurel are
taking power in the name and by the will of the Filipino people as President and Vice President,
respectively.
The people expect a reorganization of government. Merit will be rewarded. As a first step to restore public
confidence I expect all appointed public officials to submit their courtesy resignations beginning with the
members of the Supreme Court.
I pledge to do justice to the numerous victims of human rights violations.
Consistent with the demands of the sovereign people, we pledge a government dedicated to uphold truth
and justice, morality and decency in government, freedom and democracy.
To help me run the government, I have issued Executive Order No. 1 dated February 25, 1986 appointing
key cabinet ministers and creating certain task forces.
I ask our people not to relax but to be even more vigilant in this one moment of triumph. The Motherland
cannot thank them enough. Yet, we all realize that more is required of each and everyone of us to redeem
our promises and prove to create a truly just society for our people.
This is just the beginning. The same spirit which animated our campaign, and has led to our triumph, will
once more prevail, by the power of the people and by the grace of God.
Done in the City of Manila, this 25th of February in the year of Our Lord, nineteen hundred and eighty-six.

(Sgd.) CORAZON C. AQUINO

President

Reference: Javante-De Dios, Daroy, Kalaw-Tirol (1988). Dictatorship and Revolution. Conspectus
Foundation Inc.; p. 761
--------------------------------------------------------
-

b.) Proclamation No. 3 - March 25, 1986

MALACAÑANG

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 3

DECLARING A NATIONAL POLICY TO IMPLEMENT REFORMS MANDATED BY THE PEOPLE


PROTECTING THEIR BASIC RIGHTS, ADOPTING A PROVISIONAL CONSTITUTION, AND
PROVIDING FOR AN ORDERLY TRANSITION TO A GOVERNMENT UNDER A NEW CONSTITUTION

WHEREAS, the new government was installed through a direct exercise of the power of the Filipino
people assisted by units of the New Armed Forces of the Philippines;

WHEREAS, the heroic action of the people was done in defiance of the provisions of the 1973
Constitution, as amended;

WHEREAS, the direct mandate of the people as manifested by their extraordinary action demands the
complete reorganization of the government, restoration of democracy, protection of basic rights,
rebuilding of confidence in the entire government system, eradication of graft and corruption, restoration
of peace and order, maintenance of the supremacy of civilian authority over the military, and the
transition to government under a New Constitution in the shortest time possible;

WHEREAS, during the period of transition to a New Constitution it must be guaranteed that the
government will respect basic human rights and fundamental freedoms;

WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the power vested in
me by the sovereign mandate of the people; do hereby promulgate the following Constitution:

PROVISIONAL CONSTITUTION OF
THE REPUBLIC OF THE PHILIPPINES

ARTICLE 1
ADOPTION OF CERTAIN PROVISIONS OF THE
1973 CONSTITUTION, AS AMENDED

SECTION 1. The provisions of ARTICLE I (National Territory), ARTICLE III (Citizenship), ARTICLE IV (Bill of
Rights), ARTICLE V (Duties and Obligations of Citizens), and ARTICLE VI (Suffrage) of the 1973
Constitution, as amended, remain in the force and effect and are hereby adopted in toto as part of this
Provisional Constitution.

SECTION 2. The provision of ARTICLE II (Declaration of Principles and State Policies), ARTICLE VII (The
President), ARTICLE X (The Judiciary), ARTICLE XI (Local Government), ARTICLE XIII (Accountability of
Public Officers), ARTICLE XIV (The National Economy and Patrimony of the Nation), ARTICLE XV (General
Provisions) of the 1973 Constitution, as amended, are hereby adopted as part of this Provisional
Constitution, as amended, are hereby adopted as part of this Provisional Constitution, insofar as they are
not inconsistent with the provisions of this Proclamation.
ARTICLE II
THE PRESIDENT,
THE VICE-PRESIDENT, AND THE CABINET

SECTION 1. Until a legislature is elected and convened under a New Constitution, the President shall
continue to exercise legislative power.

The President shall give priority to measures to achieve the mandate of the people to:

a) Completely reorganize the government and eradicate unjust and oppressive structures, and all
iniquitous vestiges of the previous regime;

b) Make effective the guarantees of civil, political, human, social, economic and cultural rights and
freedoms of the Filipino people, and provide remedies against violations thereof;

c) Rehabilitate the economy and promote the nationalist aspirations of the people;

d) Recover ill-gotten properties amassed by the leaders and supporters of the previous regime and
protect the interest of the people through orders of sequestration or freezing of assets of accounts;

e) Eradicate graft and corruption in government and punish those guilty thereof; and,

f) Restore peace and order, settle the problem of insurgency, and pursue national reconciliation based
on justice.

SECTION 2. The President shall be assisted by a Cabinet which shall be composed of Ministers with or
without portfolio who shall be appointed by the President. They shall be accountable to and hold office at
the pleasure of the President.

SECTION 3. The President shall have control of and exercise general supervision over all local
governments.

SECTION 4. In case of permanent vacancy arising from death, incapacity or resignation of the President,
the Vice-President shall become President.

In case of death, permanent incapacity, or resignation of the Vice-President, the Cabinet shall choose from
among themselves the Minister with portfolio who shall act as President.

SECTION 5. The Vice-President may be appointed Member of the Cabinet and may perform such other
functions as may be assigned to him by the President.

SECTION 6. The President, the Vice-President, and the Members of the Cabinet shall be subject to the
disabilities provided for in Section 8, Article VII, and in Section 6 and 7 Article IX, respectively, of the
1973 Constitution, as amended.

ARTICLE III
GOVERNMENT REORGANIZATION

SECTION 1. In the reorganization of the government, priority shall be given to measures to promote
economy, efficiency, and the eradication of graft and corruption.

SECTION 2. All elective and appointive officials and employees under the 1973 Constitution shall continue
in the office until otherwise provided by proclamation or executive order or upon the designation or
appointment and qualification of their successors, if such is made within a period of one year from
February 25, 1986.

SECTION 3. Any public office or employees separated from the service as a result of the reorganization
effected under this Proclamation shall, if entitled under the laws then in force, receive the retirement and
other benefits accruing thereunder.

SECTION 4. The records, equipment, buildings, facilities and other properties of all government offices
shall be carefully preserved. In case any office or body is abolished or reorganized pursuant to this
Proclamation, its funds and properties shall be transferred to the office or body to which its powers,
functions, and responsibilities substantially pertain.

ARTICLE IV
EXISTING LAWS
SECTION 1. All existing laws, decrees, executive orders, proclamations, letters of instruction,
implementing rules and regulations, and other executive issuances not inconsistent with this Proclamation
shall remain operative until amended, modified, or repealed by the President or the regular legislative
body to be established under a New Constitution.

SECTION 2. The President may review all contracts, concessions, permits, or other forms of privileges for
the exploration, development, exploitation, or utilization of natural resources entered into, granted,
issued, or acquired before the date of this proclamation and when the national interest requires, amend,
modify, or revoke them.

ARTICLE V
ADOPTION OF A NEW CONSTITUTION

SECTION 1. Within sixty (60) days from date of this Proclamation, a Commission shall be appointed by the
President to draft a New Constitution. The Commission shall be composed of not less than thirty (30) nor
more than fifty (50) natural born citizens of the Philippines, of recognized probity, known for their
independence, nationalism and patriotism. They shall be chosen by the President after consultation with
various sectors of society.

SECTION 2. The Commission shall complete its work within as short a period as may be consistent with
the need both to hasten the return of normal constitutional government to draft a document truly
reflective of the ideals and aspirations of the Filipino people.

SECTION 3. The Commission shall conduct public hearings to insure that the people will have adequate
participation in the formulation of the New Constitution.

SECTION 4. The plenary session of the Commission shall be public and fully recorded.

SECTION 5. The New Constitution shall be presented by the Commission to the President who shall fix the
date for the holding of a plebiscite. It shall become valid and effective upon ratification by a majority of
the votes cast in such plebiscite which shall be held within a period of sixty (60) days following its
submission to the President.

ARTICLE VI
HOLDING OF ELECTIONS

SECTION 1. National elections shall be held as may be provided by the New Constitution.

SECTION 2. Local elections shall be held on a date to be determined by the President which shall be held
on a date to be determined by the President which shall not be earlier than the date of the plebiscite for
the ratification of the New Constitution.

ARTICLE VII
EFFECTIVE DATE

SECTION 1. This Proclamation shall take effect upon its promulgation by the President.

SECTION 2. Pursuant to the letter and spirit of this Proclamation, a consolidated official text of the
Provisional Constitution shall be promulgated by the President and published in English and Pilipino in the
official Gazette and in newspapers of general circulation to insure widespread dissemination.

DONE in the City of Manila, the 25th of March, in the year of Our Lord, Nineteen Hundred and Eighty-Six.

(Sgd.) CORAZON C. AQUINO

By the President:

(SGD.) JOKER P. ARROYO

Executive Secretary

Reference: Javante-De Dios, Daroy, Kalaw-Tirol (1988). Dictatorship and Revolution. Conspectus
Foundation Inc.; pp. 764-7625
--------------------------------------------------------
-
CASES:

LAWYERS LEAGUE VS. AQUINO May 22, 1986 IN RE: BERMUDEZ 145 SCRA 160 (1986)
LETTER OF ASSOCIATE JUSTICE PUNO 210 SCRA 589 (1992)

--------------------------------------------------------
-

B. Adoption and Effectivity of the present Constitution.

Article V of the Provisional Constitution

Sec. 27 of Art. XVIII of the 1987 Constitution

Sec. 27, Art. XVIII of the 1987 Constitution

“Section 27. THIS CONSTITUTION SHALL TAKE EFFECT IMMEDIATELY THE


REQUIREMENT OF A PRIMA FACIE FACTUAL FOUNDATION FOR A SEQUESTRATION ORDER IS
BASED NOT ONLY ON SECTION 26 OF ARTICLE XVIII OF THE 1987 CONSTITUTION, BUT
LIKEWISE ON SOME PROVISIONS OF THE FREEDOM CONSTITUTION WHICH RECOGNIZED
THE POWER AND DUTY OF THE PRESIDENT TO ENACT MEASURES TO ACHIEVE THE MANDATE
OF THE PEOPLE TO RECOVER ILL-GOTTEN PROPERTIES AMASSED BY THE LEADERS AND
SUPPORTERS OF THE PREVIOUS REGIME AND PROTECT THE INTEREST OF THE PEOPLE
THROUGH ORDERS OF SEQUESTRATION OR FREEZING OF ASSETS AND ACCOUNTS.
WITHOUT ANY REASON IN THE SEQUESTRATION ORDER WHY SHARES OF STOCK WERE
BEING SEQUESTERED, IT WOULD BE IMPOSSIBLE TO DETERMINE WHETHER THE ORDER OF
SEQUESTRATION WAS ISSUED WITH ANY PRIMA FACIE FACTUAL FOUNDATION. THE PCGG
MAY NOT RELY ON THE PRESUMPTIONOF VALIDITY OF OFFICIAL ACTS. SUCH PRESUMPTION
UNDERMINES THE BASIC PRINCIPLE EMBODIED IN THE CONSTITUTION THAT PUBLIC
OFFICERS AND EMPLOYEES “MUST AT ALL TIMES BE ACCOUNTABLE TO THE PEOPLE.”

SEQUESTRATION - the power of the PCGG to sequester property claimed to be “ill-


gotten” means to place or cause to be placed under its possession or control said property ,
or any building or office wherein any such property and any records pertaining thereto may
be found, including ‘business enterprises and entities,” - for the purpose of preventing the
destruction, concealment or dissipation of, and otherwise conserving and preserving the
same - until it can be determined, through appropriate judicial proceedings, whether the
property was in truth “ill-gotten.”
Proclamation No. 58 - Feb. 11, 1987

MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 58

PROCLAIMING THE RATIFICATION OF THE CONSTITUTION OF THE


REPUBLIC OF THE PHILIPPINES ADOPTED BY THE CONSTITUTIONAL
COMMISSION OF 1986, INCLUDING THE ORDINANCE APPENDED THERETO

WHEREAS, the Constitutional Commission of 1986 adopted the Constitution


of the Republic of the Philippines on October 15, 1986, together with the
Ordinance appended thereto, which shall become valid and effective upon
ratification by a majority of the votes cast in a plebiscite called for the
purpose;

WHEREAS, the Commission on Elections, sitting as the national board of


canvassers for the February 2, 1987 plebiscite on the proposed Constitution,
certified that:

(1) The Commission on Elections canvassed the returns from 83,288 voting
precincts throughout the country involving 21,785,216 votes cast; and

(2) On the basis of the canvass made by the Commission on Elections, the
results thereof are as follows:

(a) Affirmative votes: 16,622,111


(b) Negative Votes: 4,953,375
(c) Abstentions: 209,730

A copy of the Certificate of Canvass of the Votes Cast in the Plebiscite Held
on February 2, 1987, of the Commission on Elections dated February 7,
1987 is hereto attached as Annex “A” of this Proclamation.

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by


virtue of the powers vested in me by the sovereign mandate of the people,
do hereby proclaim that the Constitution of the Republic of the Philippines
adopted by the Constitutional Commission of 1986, including the Ordinance
appended thereto, has been duly ratified by the Filipino people and is
therefore effective and in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Republic of the Philippines to be affixed.

Done in the City of Manila, this 11th day of February in the year of Our Lord,
nineteen hundred and eighty-seven.

(SGD) CORAZON C. AQUINO


President of the Philippines

By the President:

(SGD) JOKER P. ARROYO


Executive Secretary
--------------------------------------------------------
-
CASES:

DE LEON VS. ESGUERRA 153 SCRA 602 (1987)


--------------------------------------------------------
-

Compare with Effectivity of Statutes

--------------------------------------------------------
-
CASES:

TAÑADA VS. TUVERA 136 SCRA 27 (1985), 146 SCRA 446 (1986)

LAW:

E.O. 200 - JUNE 18, 1987 (AMENDING ARTICLE 2 OF THE CIVIL CODE)

--------------------------------------------------------
-

III. JUDICIAL ELABORATION OF THE CONSTITUTION

A. Construction

CASES:

MANILA PRINCE HOTEL VS. GSIS 267 SCRA 408 (1997)


DOMINO VS. COMELEC 310 SCRA 546 (1999)
PAMATONG VS. COMELEC 427 SCRA 96 (2004)
TONDO MEDICAL VS. CA 527 SCRA 746 (2007)
SERRANO V. GALLANT MARITIME SERVICES,INC. 582 SCRA 254 (2009)
DATU MICHAEL ABAS KIDA V. SENATE 659 SCRA 270 (2011) and 667 SCRA 270 (2012)
CHAVEZ VS. JUDICIAL BAR AND COUNCIL696 SCRA 496 (2013)
COUNCIL OF TEACHERS AND STAFF OF COLLEGES AND UNIVERSITIES OF THE
PHILIPPINES V. SECRETARY OF EDUCATION, G.R. Nos. 216930, 217451, 217752,
218045, 218098, 218123 & 218465, [October 9, 2018])

B. Theory of Judicial Review

Separation of Powers:

CASES:

ANGARA VS. ELECTORAL COMMISSION 63 PHIL 139 (1936)


PHILIPPINE COCONUT VS. REPUBLIC 600 SCRA 102 (2009)
TAWANG MPC VS. LA TRINIDAD 646 SCRA 21 (2011)
METROBANK VS. TOBIAS 664 SCRA 165 (2012)
RE: COA OPINION 678 SCRA 1 (2012)
CSC VS. RAMONEDA-PITA 696 SCRA 155 (2013)
GARCIA VS. DRILON 699 SCRA 352 (2013)
HEIRS OF MALABANAN VS. REPUBLIC 704 SCRA 561 (2013)

Presumption of Constitutionality

CASES:

PEREZ VS. PEOPLE 544 SCRA 532 (2008)


ANNOTATION:

JUDICIAL REVIEW – 583 SCRA 142 (2009)

--------------------------------------------------------
-

C. Conditions for the Exercise of Judicial Review

CASES:

HACIENDA LUISITA VS. PARC 653 SCRA 154 (2011) & 660 SCRA 525 (2011)
DELA LLANA VS. CHAIRPERSON 665 SCRA176 (2012)
CANDARI VS. DONASCO 666 SCRA 279 (2012)
GALICTO VS. AQUINO 667 SCRA 255 (2012)
LAMP VS. SEC OF DBM 670 SCRA 373 (2012)
FUNA VS. VILLAR 670 SCRA 570 (2012)
CAPALLA VS. VILLAR 673 SCRA 1 (2012)
CHAVEZ VS. JBC 676 SCRA 579 (2012)
IDEALS VS. PSALM 682 SCRA 602 (2012)
ADVOCATES FOR TRUTH VS. BANGKO SENTRAL 688 SCRA 530 (2013)
FUNA VS. AGRA 691 SCRA 196 (2013)
BELGICA VS. OCHOA 710 SCRA 1 (2013)
MANILA MEMORIAL VS. DSWD 711 SCRA 302 (2013)
ARAULLO VS. AQUINO III G.R. NO. 209287 JULY 1, 2014
MARK ANTHONY V. ZABAL, ET AL. vs. RODRIGO R. DUTERTE, G.R. No. 238467,
[February 12, 2019])
ALLIANCE OF QUEZON CITY HOMEOWNERS' ASSOCIATION, INC. V. QUEZON
CITY GOVERNMENT, G.R. No. 230651, [September 18, 2018])

ANNOTATION ON LOCUS STANDI:

* 314 SCRA 641


* 548 SCRA 519