Constitutional Law

Prelims

Political Law
Branch of jurisprudence
Science of politics
Organization & administration of government
Branch of public law
Organization & operation of the governmental organs of
the State
Defines the relations of the State with the inhabitants
of its territory
Constitutional Law
Science of law
Treats of the nature of constitutions
Establishment
Construction
Interpretation
Maintenance of the proper balance between authority as
represented by the three inherent powers of the State
Liberty as guaranteed by the Bill of Rights
Constitution
Supreme Law of the Land
Legislation direct from the people
Act of the peoples sovereign capacity
Symbol & Monument of the Peoples Will
Outlines the Infrastructures of the Government
Established, limited, & defined
Must be Obeyed by All
Modified by Either Amendment/Revision
Valid only when ratified by the people
Courts: Guardians of the Constitution
Interpretation & construction of the Constitution
Resolved by the Supreme Court
Decisions by SC, binding to all
Nature, Classification, Essential Parts, Requisites of a Good
Written Constitution
Constitutions can be:
Written or Unwritten
Conventional or Cumulative
Rigid or Flexible
Classification of the Philippine Constitution
Written
 Conventional
Rigid
How the Constitution Can be Changed
Amendment
Within the lines of the original
3 Modes:
Congress
Constitutional Convention
Peoples Initiative
Power of the people to propose
amendments/Propose or enact
legislations through an election
Requisites:
Written petition
At least 12% of the total number of
registered voters
Every district represented by 3% of
registered voters therein
Limitations:
Exercised 5 years after ratification of
1987 Constitution
Only once every year
Must State:
Contents/Text of the proposed law
Sought to be:
Enacted/Approved/Rejected
Amended/Repealed
Proposition
Reasons thereof
Not one of the exceptions
Signatures
Petitioners or Registered voters
Abstract of summary proposition
Not more than 100 words
Legible
Printed at the top of every page
of the petition
Revision
Rewriting/overhauling of the entire instrument
2 Modes:
Congress
3/4 of its members
Constitutional Convention
 2/3 of its members
Submit to the electorate
Philippines as a State
State
Community of persons
Permanently occupation of a fixed territory
Possessing a government
Independent of external control
Nation
Political group
Relation to birth/origin
Implies common race
Language
Customs
Elements
People
Entire body of those citizens of state/nation
Invested with political power for political
purposes
Territory
Fixed area/surface of the earth where the
inhabitants of a State live & where they
maintain a government of their own
3 Proponents:
Terrestrial
Fluvial/Maritime
Internal/External waters
Aerial
Government
Institution/Aggregate of institutions by which an
independent society makes & carries out
those rules of action which are necessary to
enable men to live in a social state
2 Kinds:
De jure
Organized government of a State
De facto
Not founded upon the existing
constitutional law of the State
Sovereignty
Supreme power of the State by which that State is
governed
2 kinds:
 Internal
Power of the state to:
Make/Alter its system of
government
Regulate its private affairs/rights
and relations of its citizens
Without dictation/interference/control
on the part of any
person/body/State outside
External
State is not subject to the control,
dictation, or government of any
other power
Fundamental Powers
Police power
Promote & protect general welfare
Enact laws/regulations in relations to persons &
property
Public health
Public morals
Public saftey
General welfare
Eminent Domain
Acquire private property for public use upon
payment of just compensation
Taxation
Raise revenue to defray the expenses of the
government/for any public purpose
Article 1
Scope:
Philippine archipelago
All other territories over which the Philippines has
sovereignty/jurisdiction
Territorial sea, seabed, subsoil, insular shelves, other
submarine areas
Archipelagic Doctine
Waters
Around, between, connecting the islands of the
archipelago
Form part of internal waters
Straight baseline method
Imaginary lines
Outermost islands of the archipelago
 Ratio not more 9:1 (Water to land)
Article 2
Section 1
Republican State
Government authority emanates from the people
Exercised by representatives chosen by the
people
Manifestations
Government of laws. not men
Rule of Majority
Accountability of Public Officials
Bill of Rights
Cannot pass irrepealable laws
Separation of Powers
Section 2
Renounces war as an instrument of national policy
Doctrine of Incorporation
Applying rules of international court
Section 3
Civilian authority superior over the military
Armed Forces of the Philippines
Protector of the people & the State
Goal:
Secure national sovereignty
Integrity of national territory
Section 4
Prime duty of the Government:
Serve & Protect the people
May call upon people to
Defend the State
Render personal/military/civil service
Section 5
Maintenance of peace & order
Protection of life, liberty, & property
Promotion of general welfare
Section 6
Separation of Church & State
Section 7
Independent from foreign policy
Section 8
Freedom of nuclear weapons
Section 9
Social order
 Provide
Social services
Full employment
Rising standard of living
Improved quality of life
Section 10
Social justice
Section 11
Dignity of every human person
Guarantees full respect for human rights
Section 12
Protect sanctity of family life
Section 13
Protection & development of the youth
Section 14
Equality for women
Section 15
Right to health
Section 16
Protect ecology
Section 17
Holistic education
Section 18
Workers rights
Section 19
Development of national economy
Section 20
Rights of private enterprise
Section 21
Rural development & agrarian reform
Section 22
Rights of indigenous communities
Section 23
Organisations that promote welfare
Section 24
Communication & information
Section 25
Autonomy of local government
Section 26
Equal opportunity
Prohibition of political dynasties
Section 27
Against graft & corruption
 Section 28
Freedom of Information
Anything subject to public interest
Article 3
Section 1: Due Process & Equal Protection
No one shall be deprived of life, liberty, or property
without due process of law
Life:
Right to live
Right to ones body
Mental faculties
Locomotion & movement
Liberty:
Right to pursue ones thoughts
Property:
Right to possess/enjoy property
Inherent Rights of the State (Imposes upon
Right to Property)
Deprivation of rights will only occur if
subject is considered
noxious/compromising of
Public safety
Public order
Public health
Public morals
Eminent Domain
Over private properties for public
use
Individual can challenge its
necessity
Acquired through just
compensation:
Determined by fair market
value
Judicial determination
Aspects of Due Process
Substantive
Against exercise of arbitrary power
Requisites:
Lawful subject
Interest of the public
Lawful means
Reasonably necessary
 Procedural
Law which hears before it condemns.
Requisites:
Impartial court/tribunal
Lawfully acquired jurisdiction
Over person/property
Opportunity to be heard
No decision rendered
Without clear & distinct
expression of the facts
and the law
nor shall any person by denied the equal protection
of the laws.
All persons/things should be treated alike
Guarantee of the equality of the person
Section 2: Right to be secure in persons, papers, houses, &
effects
2 types of warrants:
Search warrant
Warrant of arrest
Fruit of the poisonous tree
Evidence obtained from
Unlawful arrest
Unreasonable search
Coercive interrogation
Warrantless Arrests:
Inflagrante delicto (Caught in the act)
Hot pursuit
Arrest of fugitive
Warrantless searches
Consent/waiver
Search is incident to a lawful arrest
Plain view
Subject to the common senses
Checkpoints
Visual sense
Routinary searches of inspection
Stop & frisk
Determined by probable cause
Requisites in Acquiring a Valid Warrant
Probable Cause
Definition:
Facts & circumstances attending the
 issuance of warrant sufficient to
induct prudent & cautious judge to
rely on them
Evidentiary support; set of
information
Determined by the judge
Examination
Of the witnesses/complainant
Oath
Taken by the witnesses/complainant
Description
Place to be searched
Things/persons to be detained
Section 3: Privacy of Communication & Correspondence
Exceptions:
Lawful order of the court
Required for public safety/order
Prescribed by the law
R.A. 4200 (Anti Wire Tapping Act)
Exceptions:
Treason
Espionage
Provoking war/disloyalty in case of war
Piracy/mutiny in the high seas
Rebellion/conspiracy/proposal to commit
rebellion, inciting rebellion
Sedition
Including conspiracy or inciting such
Kidnapping
Commonwealth Act No. 616
Against espionage & other offenses
against national security
Section 4: Freedom of Expression
Speech:
Free to speak/utter whatever they wish without
prior restraint
Free Press:
Free to write, publish & circulate whatever he
pleases without prior restraint
Assembly:
Peaceful demonstrations related to public affairs
Petition:
Take up grievances with government without fear
 of persecution
Freedom from Censorship/Prior Restraint
Prior Restraint
Official government restrictions on the
press/other forms of expression before
actual publication or dissemination
Movie Censorship
MTRCB only has the power of Classification
(Movie ratings)
Freedom from Subsequent Punishment
Libel
Malicious & public imputation of a crime, or
of vice or defect (Real/imaginary)
Act, omission, conditions, status or
circumstance causing
Dishonor
Discredit
Contempt
of a natural/juridical person
Blacken the memory of one who is dead
Assassination of character/defemation
Slander:
Oral assassination of
character/defamation
Obscenity
Determined by judicial function
Criticism of Official Conduct
Publication that tends to impede,
embarrass, or obstruct the court &
constitutes a clear & present danger to
the administration of justice is not
protected by the guarantee of press
freedom and punishable by contempt.
Section 5: Freedom of Religion
Free Exercise Clause:
2 Aspects:
Freedom to Believe (Absolute)
Freedom to Act on Ones Belief (Limited)
Invalid if religious practices are used as
justification of committing crimes
Non-Establishment Clause:
State is not allowed to:
Set up a church
 Pass laws
to aid one religion/all religion
Prefer one religion over another
Force an individual to profess a
belief/disbelief of any religion
Section 6: Liberty to Abode & Travel
Impaired only in the interest of
National security
Public safety
Public health
Section 7: Freedom of Information
Matters of public concern
Access to
Official records
Documents
Papers pertaining to public Acts
Transactions
Decisions
Government search data
Exceptions:
National Security & Intelligence Information
Secrets regarding military, diplomatic, &
others
Information on Inter-Government Exchanges
Prior to conclusion
Trade/Industrial Secrets
Intellectual Property Code (RA No. 8293)
Bank Transactions (Secrecy of Bank
Deposits Act; RA No. 1405)
Criminal Matters
Pertaining to
Apprehension
Persecution
Detention
Others
Ethical Standards Act (RA No. 6713)
Section 8: Right to Free Association
Section 9: Right of Just Compensation in Eminent Domain
Section 10: Freedom to Contract/Non-Impairment Clause
Anything that diminishes the efficacy of the contract
Section 11: Right to Free Access to Courts
Section 12: Miranda Rights
Miranda vs. Arizona (384 S 436):
 Right to remain silent
Right against Self-Incrimination (Art. 3, Sec.
17)
Anything subject says can & will be used against
them in court
Right to legal counsel/lawyer
In case individual is indigent (poor)
State will provide one.
Public Attorneys Office
Public Prosecutor -> Fiscal
Cannot be waived
Exception:
Done in writing
In presence of legal counsel
Despite consent to answer questions without
assistance of counsel
Interrogation ceases once they do
Until the lawyer is present
Section 13: Right to Bail
Bail:
Security given for the release of a person in
custody of the law
Conditioned by the court
Exceptions:
Offense punishable by reclusion perpetua (or
higher)
Strong evidence of guilt
Section 14: Right to Due Process
Presumption of innocence until the contrary is proven.
Section 15: Haebas Corpus
To produce the body of a person:
Produce body of a prisoner at a designated time &
place
To show sufficient cause for holding in custody
the detained
One of the five special Civil actions
Right to suspend
Authority:
President
Congress
Grounds:
Invasion/rebellion
Interest of public safety
 Duration: 60 days
Section 16: Speedy Disposition of Cases
Supreme Court: 2 years
Judicial Courts: 1 year
Lower Courts: Less than a year
Section 17: Right against Self-Incrimination
No one shall be compelled to:
Be a witness against himself
Admit guilt
Only enforced when asked an incriminating question
Section 18: Right against Political Imprisonment/Involuntary
Servitude
Involuntary Servitude
Slavery
Absolute subjection of individual to the will
of another
Peonage
Deprivation of liberty & compelled to labor to
liquidate a debt or obligation against his
will
Exceptions:
Punishment for a crime
Duly convicted
Service in Defense of the State
Naval/Merchant Marine Enlistment
Service under Posse Comitatus
For the apprehension of criminals
Justified under Police Power
Return to Work Order in Industries Affected with
Public Interest
Kaisahan ng Manggagawa sa Kahoy vs.
Gotamco Saw Mills
Patria Potestas
Unemancipated minors
Obliged to obey their parents
Grounds:
Under parental power
Observe respect & reverence
Section 19: Prohibited Punishments
Against:
Excessive fines
Fines separate from the crime
Cruel & Unusual punishment
 Death penalty
Liabilities in a Crime:
Criminal
Pecuniary (Payment)
Reparation of the damage caused
Indemnification of the consequential
damages
Fine
Cost of the proceedings
If not satisfied, results in
imprisonment
Section 20: Right against Imprisonment for Debt on Poll Tax
Poll Tax:
Cedula/Residence Tax
Sum levied upon every person belonging to
certain class without regard to his
property/occupation
Section 21: Right against Double Jeopardy
Individual cannot be charged with a crime more than
once.
Requisites:
Valid complaint/information
Filed before a competent court
Valid arraignment
Valid plea entered
Cause dismissed/terminated
Without express consent of the accused
Section 22: No Ex Post Facto Law or Bill of Attainder
Validity of law to a crime committed prior to the
establishment of said law is subjective to its date
Usually being valid only to present & future
crimes committed
Unless newly established penalty is lighter than
the former