======================================================= = CONSTITUTIONAL LAW 1 REVIEWER FOR MIDTERM EXAMS --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Constitution a body body of rules rules and maxims maxims in accor accorda dance nce with with which which the powers powers of sovere sovereign ignty ty are are habitually exercised. exercised. the supreme law of the land as ordained and established by the people which prescribes the permanen permanentt framewor framework k of governme government, nt, which which establis establishes hes the principl principles es upon which which the gove govern rnme ment nt is foun founde ded, d, and and whic which h defi define nes s and and allo alloca cate tes s to the the vari variou ous s orga organs ns of government their respective powers and functions shield of protection to all classes of men, at all times, and under al circumstances, as it is a law for rulers and people, equally in war and in peace (also referred to as the social contract contract doctrine) Constitution Vs Statute Constitution Prima Primary ry – being being a comma command nd of the sover sovereig eign n establis establishing hing the governme government nt machine machine and the most general rules for operation States general principles Legislation direct from the people acting in their sovereign capacity ntended not merely to meet existing conditions but also to govern the future !ay be abrogated, repealed or modified only by the power which created it, namely, the people
Statute Second Secondary ary being being a comma command nd of the sove sovere reig ign n havi having ng refe refere renc nce e to the the exig exigen enci cies es of the the time time and and plac place e resulting from the ordinary working of the machine Provides the details of which it treats Legislation from the people"s representatives sub#ect to the limitations prescribed by the superior authority ntended to meet present conditions !ay !ay be repeal repealed ed or change changed d by the legislature
Kinds of Constitution Witten !onstitution !onstitution – – one the provisions of which have been reduced to writing and embodied embodied in one of more instrume instruments nts at a particula particularr time. $xample% $xample% &onstitut &onstitution ion of the 'epublic of the Philippines( Philippines( )S* Un"itten !onstitution !onstitution – one which has not been committed to writing at any specific time but is the collective product of gradual political development, consisting of unwritten usages and customs, #udicial decisions, dicta of statesmen, and legislative enactments of fundamental character written but scattered in various records without having any compact form in writing. $xample% &onstitution of $ngland( *thens( 'ome Su#e$a!% of t&e Constitution +he &onstitution is said to be the supreme law of the land. t is considered as the god of all man-made laws. +his is the /octrine of &onstitutional Supremacy. sagani *. &ru0 captures the essence of this great doctrine in this wise% +he &onstitution 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 defer. 1o act shall be valid, however nobly intentioned, if it conflicts with the &onstitution. +he &onstitution must ever remain supreme. *ll must bow to the mandate of this law. $xpediency must not be allowed to sap its strength nor greed for power debase its rectitude. 'ight or wrong, the &onstitution must be upheld as long as it has not been changed by the sovereign people lest
its disrega disregard rd result result in the usurpat usurpation ion of the ma#esty ma#esty of the law by the pretende pretenders rs to illegitimate illegitimate power. +he &onstitution is the basis of the validity of all laws and governmental acts. t is the basis of the legitimacy of the very existence of government. t is the basis of the legitimacy of the exercise by government of powers that interfere with personal autonomy and liberty. t is the anchorage of all legitimacy. Le'iti$a!% of t&e Constitution +he &onstitution does not become legitimate #ust because it is a constitution and while it cannot be unconstitutional, it can however be illegitimate. &onstitutionality therefore is one thing and legitimacy is another. Constitutiona(it% is an attribute of governmental acts and laws that do not contravene contravene the &onstitution &onstitution(( (e'iti$a!% (e'iti$a!% is an attribute of governmental acts and laws, including the &onstitution, that makes them at the least, #uridically right, acceptable, and necessary. *s the anchorage of all legitimacy, the &onstitution must itself be legitimate. ts legitimacy cannot rests on mere con#ectures or shaky theories. t cannot simply be assumed. t must rest on solid ground if it is to the basis of the legitimacy of all governmental acts and laws that depend on it for their own legitimacy. 'ichard 2. 3allon, 4r. in his article Legitimacy and the &onstitution argues that the term legitimacy invites appeal to three distinct kinds of criteria that in turn support three distinct but partly overlapping concepts of legitimacy – legal, sociological, and moral. 2e writes% 5hen legitimacy functions as a legal concept, legitimacy and illegitimacy are gauged by legal legal norms. norms. *s measu measured red by sociol sociologi ogical cal criter criteria ia,, the &onsti &onstitut tution ion or a claim claim of legal legal authority is legitimate insofar as it is accepted 6as a matter of fact7 as deserving of respect or obedience – or, in a weaker usage that shall explain below, insofar as it is otherwise acquiesced in. * final set of criteria is moral. Pursuant to a moral concept, legitimacy inheres in the moral #ustification, if any, for claims of authority asserted in the name of the law. &onstitutional legitimacy involves consent. t is not a commitment which can be coerced – however much people can be coerced into obedience to a particular regime. &onsensual legitimacy is utterly necessary for a constitution to have real meaning and to last. +he very fact that, while rule can be imposed by force, constitutions can only exist as meaningful inst instru rume ment nts s by cons consen ent, t, is anot anothe herr demo demons nstr trat atio ion n that that cons consti titu tuti tion on-m -mak akin ing g is the the preeminent political act. Essentia( #ats of a "itten !onstitution Constitution of Li)et% contains the fundamental and political rights of the citi0ens as well as the limitations on the powers of the government to see to it that the said rights are safeguarded Constitution of *o+en$ent outlines the organi0ation of the government, enumerating its powers, laying down certain rules relative to its administration, administration, and defining the electorate Constitution of So+eei'nt% contains the provisions on how to amend or revise our constitution and when such amendment or revision is considered valid Se(f,E-e!utin' +s Non,Se(f E-e!utin' .o+isions of t&e Constitution 1on self-executing provisions of the &onstitution are those provisions which lay down a general principle, principle, such as those found in *rticle of the 89:; &onstitution. * self-executing provision is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be en#oyed, or protected. W&en ae a!ts of #esons !onsideed State A!tion !o+eed )% t&e Constitution/ n consti constitut tution ional al #urisp #urispru ruden dence, ce, the act of person persons s dis distin tinct ct from from the govern governmen mentt are are considered state action action covered by the &onstitution 687 when the activity it engages in is a public function( 6<7 when the government is so significantly involved with the private sector &onstitutional Law 8 'eviewer, page <
as to make the government responsible for his action( and 6=7 when the government has approved or authori0ed the action.
A$end$ent0Re+ision to t&e Constitution Ste#s in e+isin' o a$endin' t&e !onstitution +he two steps required in the process of amending or revising the constitution are( 8.
.o#osa( which is the motion of initiating suggestions or proposals on the amendment or revision, which may either be by congress, constitutional convention or people"s initiative( and
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Ratifi!ation which is the sovereign act vested in the 3ilipino people to either re#ect or approve the proposals to amend or revise the &onstitution.
n a$endin' t&e !onstitution t&ee ae t&ee $odes of #o#osa( . +hese are 8. <. =.
by &ongress, upon a vote of three-fourths of all its !embers( by a &onstitutional &onvention( or by People"s nitiative
n e+isin' t&e Constitution t&ee ae on(% t"o $odes. 8. <.
by &ongress, upon a vote of three-fourths of all its members( or by &onstitutional &onvention.
Should the &ongress choose to call a &onstitutional &onvention, it may call the &onvention by two-thirds votes of all its !embers, or submit to the electorate the question of calling such &onvention by a ma#ority vote of all its !embers. Re2uie$ents fo .eo#(e3s Initiati+e 8. <.
written petition which must have at least 8<> of the total registered voters as signatories out of the 8<> total registered voters, every legislative district must be represented by at least => of the registered voters therein
Contents of #etition 8. <. =. @. A. B.
&ontents or text of law sought to be enacted, approved or re#ected, amended or repealed, as the case may be( +he proposition 'eason?s therefore +hat it is not one of the exceptions provided therein Petitioners must be registered voters *bstract or summary proposition in not more than one hundred words shall be printed or legibly written at the top of every page of the petition
Li$itations fo t&e e-e!ise of .eo#(e3s Initiati+e 8. <.
shall be exercised five years after the ratification of the 89:; constitution may be exercised only every five years thereafter
Co$e(e!3s A!tion on t&e .etition 5ithin =C days from receipt of the petition, the &omelec shall, upon determining the sufficiency of the petition, publish the same in 3ilipino and $nglish at least twice in newspaper of general and local circulation and set the date of the initiative or referendum which shall not be earlier than @A days but not later than 9C days from the determination of the sufficiency of the petition. Effe!ti+it% of A$end$ent t&ou'& #eo#(e3s initiati+e
&onstitutional Law 8 'eviewer, page =
+he proposition in an initiative on the &onstitution will become effective if approved by a ma#ority of the votes cast in the plebiscite as of the day of the plebiscite. Plebiscite is the electoral process by which an initiative on the &onstitution is approved or re#ected by the people.
Su)$ission of A$end$ent o Re+ision to t&e .eo#(e in a .(e)is!ite +he amendment or revision of the &onstitution must be submitted to the people in a plebiscite called for the purpose not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
Is t&e #o"e to a$end o e+ise t&e Constitution in!(uded in t&e 'enea( 'ant of (e'is(ati+e #o"e to Con'ess/ +he power to amend or revise the &onstitution is not included in the general grant of legislative power to &ongress. t is part of the inherent powers of the people as the repository of sovereignty in a 'epublican State. t cannot be exercised by &ongress unless expressly granted to it by the &onstitution. &ongress may propose amendments to the &onstitution merely because the same expressly grants such powers. +hus, when exercising the same, the legislators act not as members of &ongress, but as component elements of a constituent assembly. 5hen acting as such, the !embers of &ongress derive their authority from the &onstitution, unlike the people, when performing the same function, for their authority does not emanate from the &onstitution – they are the very source of all powers of government, including the &onstitution itself.
State is a community of persons, more or less numerous, permanently occupying a fixed territory, and possessed or an independent government organi0ed for political ends to which the great body of inhabitants render habitual obedience T"o s!&oo(s of t&ou'&t on "&en a 'i+en entit% )e'ins to e-ist as a state 8.
Constituti+e S!&oo( of T&ou'&t4 the recogni0ing states constitute the new state as a being in nternational Law through their willingness to deal with it as a state
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De!(aato% S!&oo( of T&ou'&t4 a given entity becomes a State from the moment it possesses the essential attributes of an international person, and that is when it fulfills the conditions of statehood. *ccording to its advocate, recognition is merely declaratory of an existing fact. t is a political act that is entirely a matter of policy and discretion on the part of the recogni0ing state.
E(e$ents of State 8. <. =. @.
People +erritory Dovernment Sovereignty
.eo#(e 5o" $an% #eo#(e s&ou(d !onstitute a state/ +here is no specific number of people who should constitute a state is required, nor is there a legal requirement as to their number. n fact, the number of inhabitants in different states differ greatly, with some having millions of billions of people, and some only a few hundred thousands of people. +he only requirement is that the people must be numerous enough to be self-sufficient and to defend themselves, and small enough to be easily administered.
*o+en$ent &onstitutional Law 8 'eviewer, page @
*o+en$ent Vs State *o+en$ent s an agent and within the sphere of the agency, a perfect representative( but outside of that, a useless usurpation 'efers to the person or group of persons in who hands the organi0ation of the State places for the time being the function of political control.
State State is an ideal person, intangible, indivisible and immutable.
nstitution or aggregate of institutions by which an independent society makes or carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them .i$e dut% of t&e 'o+en$ent +he prime duty of the government is to serve and protect the people. +here are three ways by which the government may be able to comply with this duty, thus% 8.
+he government may call upon the people to defend the State. 6Section @, *rt. 7
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+he government may require all citi0ens under conditions provided by law to render personal military or civil service. 6Section @, *rt. 7
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+he government may use the *rmed 3orces of the Philippines to repel any threat to its security 6Section @, *rt. EF7
Fun!tions of *o+en$ent Constituent0*o+en$ent Fun!tion which is the compulsory function of the government which constitute the very bonds of society. +hey are% OL.,6C,F 1. 2. 3. 4. 5. 6. 7. 8.
the keeping of ode and providing for the protection of persons and property from violence and robbery the fixing of the (e'a( e(ations between man and wife and between parents and children the regulation of the holding, transmission, and interchange of #o#et%, and the determination of its liabilities for debt or crime the determination of !onta!t i'&ts between individuals the definition and punishment of !i$e the administration of #ustice in !i+i( !ases the determination of the political duties, privileges and relations of !iti7ens dealings of the state with foei'n #o"es, the preservation of the state from external danger or encroachment and the advancement of its international interest
Ministant0.o#ieta% fun!tions are the optional functions of the government intended for achieving a better life for the community. +he principles for determining whether or not a government shall exercise certain of these optional functions are% 8. <.
that a government should do for the public welfare those things which private capital would not naturally undertake( and that a government should do those things which by its very nature it is better equipped to administer for the public welfare that is any private individual or group
De 8ue *o+en$ent +s De Fa!to *o+en$ent * de #ure government is an organi0ed government of the State that has the general support of the people. * de facto government, on the other hand, is characteri0ed by the fact that it is not founded by the constitutional law of the state but merely exercising powers as if it was legally constituted. &onstitutional Law 8 'eviewer, page A
Teito% is the fixed area or surface of the earth where the inhabitants of a State live and where they maintain a government of their own
T&e Nationa( Teito% of t&e .&i(i##ines 9 At: 1 1;< .&i(: Constitution +he national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or #urisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. +he waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Wods de(eted fo$ At: 1 1;> Constitution all the other territories belonging to the Philippines by historic right or legal title
5a+e "e do##ed ou !(ai$ o+e Sa)a& on a!!ount of said de(etion of said "ods/ F: 8oa2uin ?enas4 the words all other territories over which the Philippines has sovereignty or #urisdiction do not include Sabah, but does not exclude it either because of our adherence to the generally accepted principles of international law which enables the nation to acquire a territory by cession, purchase, and so forth. f at some future time, the Philippine government exercises #urisdiction over Sabah, it will be part of our territory. A!&i#e(a'o do!tine A!&i#e(a'o do!tine , +he Philippine archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. +his assertion, including the straight base line method, where the outermost points of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. Gn the strength of this assertion, the large bodies of water connecting islands of the archipelago such as the !indanao Sea, the Sulu Sea and the Sibuyan Sea are considered by the Philippines as internal waters. Is t&ee a #es!i)ed si7e fo t&e teito%/ +here is no specific si0e for a territory before it can be considered an element of a state. +here are states that have big territories such as 'ussia and &hina and there are those states like +aiwan and Singapore that have small territories. +he only requirement is that the territory should be small enough to be easily administered and big enough to provide for the needs of the population. 8uisdi!tion of state *.
+he state has power and #urisdiction o+e #esons and t&in's "it&in its teito% , except the following% 2-3-*-!-*-G
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2ead of states of foreign countries, diplomatic representatives and consul of certain degree(
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3oreign state property such as embassies, consulates, and public vessels engaged in non-commercial activities(
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*ct of states
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3oreign merchant vessels that exercised the right of innocent passage or involuntary entry such as arrival under stress
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3oreign armies passing through or stationed in the territory with permission
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Gther persons and things including organi0ations like the )nited 1ations, over which, it may, by agreement, waive #urisdiction. &onstitutional Law 8 'eviewer, page B
H.
+he state has power and #urisdiction outside of its teito%4
$ -L-$-F-1-&-&
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5hen it asserts personal #urisdiction to its national or when an alien commits an offense which is against national security(
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5hen the local state waives its #urisdiction upon persons and properties within its territory(
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5hen a state establishes a colonial prolectorate(
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5hen it en#oys easements and servitudes(
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5hen it exercises its #urisdiction over its vessels in the high seas(
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5hen it exercises its limited #urisdiction on the contiguous 0one( and
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5hen it exercises the principle of extraterritoriality.
So+eei'nt% the supreme power in a State by which that State is governed. t is also defined as the union and exercise of all human powers possessed in a State. t is the power to do everything in a State without accountability – to make laws, to execute and apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or commerce with foreign nations, and the like. Fou @inds of so+eei'nt% 8.
Le'a( so+eei'nt% is that determinate authority which is able to express in legal form the highest commands of the State – that power which can override the prescriptions of divine law, the principles of morality, and the mandates of public opinion.
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.o(iti!a( so+eei'nt% is that power behind the legal sovereign which is legally unknown, unorgani0ed and incapable of expressing the will of the State in the form of legal command, yet without power to whose mandates the legal sovereign will in practice bow and whose will must ultimately prevail in the State.
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Intena( so+eei'nt% implies the power of the State to make and alter its system of government, and to regulate its private affairs, as well as the rights and relations of its citi0ens, without any dictation, interference, or control on the part of any person or body of State outside the particular political community.
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E-tena( so+eei'nt% implies that the State spoken of is not sub#ect to the control, dictation, or government of any other power. t necessarily implies the right and power to receive recognition as an independent power from other powers, and to make treaties with them on equal terms, make war or peace with them, send diplomatic agents to them, acquire territories by conquest or occupation, and otherwise to manifest its freedom and autonomy.
So+eei'nt% +s Do$iniu$ I$#eiu$ Sovereignty is the right to exercise the functions of a State to the exclusion of any other state. t is often referred as the power of imperium, which is defined as the government authority possessed by the State. /ominion, or dominium, is the capacity of the State to own or acquire property such as lands and natural resources.
So+eei'nt% +s Inde#enden!e &onstitutional Law 8 'eviewer, page ;
So+eei'nt% Supreme power of the state by which that state is governed nternal aspect – power inherent in the people or vested in its ruler by the &onstitution to govern the State
Inde#enden!e $xternal manifestation of recognition by other States in order to render a State perfect and complete.
$xternal aspect – consists in the independence of one political society in respect to all other political societies. Effe!ts of 8a#anese O!!u#ation on So+eei'nt% Sovereignty remained with the )S although the *mericans could not exercise any control over the occupied territory. 5hat the belligerent occupant took was merely the exercise of the acts of sovereignty. On Political Laws of Acquired Territory - political laws immediately cease to have effect, except insofar as they are continued in force by express consent of the new sovereign. On the Municipal Laws – municipal laws of the conquered territory, however, not in conflict with the laws of the new sovereign continue in force without the express consent of the new sovereign
Do!tines Doctrine of Jus Postliminii , Political laws which are suspended during the occupation is re-established under the doctrine of #us postliminii, which states that when a territory which has been occupied by the enemy comes again into the power of the State during the progress of a war through conquest or otherwise, the legal state of the things existing prior to the hostile occupation is re-established. Doctrine of Parens Patriae Latin for Ifather of his country,I the term for the doctrine that the government is the ultimate guardian of all people under a disability, especially children, whose care is only IentrustedI to their parents. )nder this doctrine, in a divorce action or a guardianship application the court retains #urisdiction until the child is 8: years old, and a #udge may change custody, child support or other rulings affecting the childJs well-being, no matter what the parents may have agreed or the court previously decided. Parens Patriae means literally, B#aent of t&e !ount%:B t refers traditionally to the role of the state as a sovereign and guardian of persons under legal disability. Parens Patriae originates from the $nglish common law where the King had a royal prerogative to act as guardian to persons with legal disabilities such as infants. +he do!tine of parens patriae is a concept of standing utili0ed to protect . . . quasisovereign interests, such as health, comfort, and welfare" of the people, when such interests are threatened and state government intervention may be needed. Gibbs v. Titelman, =B9 3. Supp. =:, A@ 6$./. Pa. 89;=7, rev’d on other grounds, AC< 3.
absence of formal legal approval. "lac#’s La $ictionar% ;:; 6Bth $d. 899C76quoting Griego v. &ogan, =;; P.
e!alian Doctrine of property ownership * principle in law which means that all natural wealth - agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the state. +hus, even if the private person owns the property where minerals are discovered, his ownership for such does not give him the right to extract or utili0e said minerals without permission from the state to which such minerals belong. W&at ae t&e (i$itations on i'&t of #o#et% o"nes&i#/ 8. &G1S++)+G1*L - such as police power, eminent domain or expropriation of private property for public use, taxation and escheat when revision of private property to state ownership in case of death of property owner without an heir( <. L$D*L - 0oning ordinances, regulations on subdivision pro#ects, building code, and other special laws and regulations( and =. &G1&$1S)*L?FGL)1+*'O - easements and servitudes, usufructs, lease agreements, restrictions in subdivision and condominium deeds or restriction. W&o !an o"n (and in t&e .&i(i##ines/ *cquisition and ownership of private lands in the Philippines is limited and?or reserved to 3ilipinos or to &orporations or partnerships where at lease BC> of the authori0ed capital of which is owned by 3ilipino citi0ens, except% 8. 5hen such property is acquired prior to the 89;= &onstitution( <. *cquisition by an alien or foreigner by hereditary succession( =. *liens?foreigners owning not more than @C> interest in a condominium pro#ect pursuant to '* @;
Doctrine of "eparation of Powers &onstitutional Law 8 'eviewer, page 9
+he basis of the do!tine of se#aation of #o"es is the &onstitution itself which allocates powers to each of the departments of government precisely on account of the principle that the Philippines is a democratic and republican State. t operates to maintain the legislative powers to the legislative department, executive powers to the executive department, those which are #udicial in character to the #udiciary. +hrough this separation of powers, the persons entrusted with power in any of the departments of government s&a(( not )e #e$itted to en!oa!& u#on t&e #o"e !onfided to t&e ot&es but that each shall, by the law of its creation, be limited to the exercise of the powers appropriate its own department and no other. 2owever, there is no absolute separation of the three branches of government. $ach department is given certain powers by which each may restrain the others from exceeding their constitutional authority, under the system of checks and balances. !oreover, in actual practice, the branches of government blend their powers so that there is actual sharing of powers whereby one department helps and coordinates with the other in the exercise of a particular power, function or responsibility. t is in this process of sharing and collaborating with each other that one department not only helps but also checks the other if for any valid reason it is deemed necessary for the public good. 5o" Couts Enfo!e Se#aation of .o"es
E-a$#(es of )(endin' of #o"es 8.
+he President and &ongress help one another in the making of laws. enacts the bill and the President approves the same.
&ongress
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+he President prepares a budget and &ongress enacts an appropriation bill pursuant to that budget.
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+he President enters into a treaty with foreign countries and the Senate ratifies the same.
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+he Supreme &ourt may declare a treaty, international or executive agreement, or law as unconstitutional, and it has also the power to declare invalid any act done by the other departments of government.
C&e!@s and )a(an!es )nder the system of checks and balances, one department is given certain powers by which it may definitely restrain the others from exceeding constitutional authority. t may ob#ect or resist any encroachment upon its authority, or it may question, if necessary, any act or acts which unlawfully interfere with its sphere of #urisdiction and authority. Ru(e of Maoit% is the will of the greater number of people, whether referring to the citi0ens of the Philippines who choose their representatives, or to a number of people in a community or organi0ation, who choose their officers. 2owever, in the choice of President, Fice President, Senators, &ongressmen, and other public officials, the winners are those who may have received the highest number of votes, but this may not necessarily be the a ma#ority of the total votes cast. f at all, this vote is merely a #(ua(it% because the votes are divided among the many presidential contenders. +here are different interpretations on the rule of ma#ority. Some examples are the following 8.
Revocation of proclamation of martial la or suspension of the privilege of habeas corpus - $aoit% +ote 6one half plus one7 of all members of &ongress in a regular or special session
&onstitutional Law 8 'eviewer, page 8C
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'uorum of each &ouse – $aoit% of each 2ouse shall constitute a quorum to do business
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uspension or epulsion of a member – t"o,t&ids +ote of all its members
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Constitutionalit% of a treat%, international or eecutive agreement or la – all cases which shall be heard en banc by the Supreme &ourt shall be decided with the concurrence of a $aoit% of t&e Me$)es "&o a!tua((% too@ #at in t&e de(i)eations on the issues and the case and voted thereon.
A.
* ma+orit% vote of one – a dissenting vote of one Sandiganbayan 4ustice will prevent a decision of the two other members of the division as a unanimous vote is required for such decision. n that case, the (one dissentin' +ote is !onsideed as a $aoit% +ote.
.o(iti!a( +s 8usti!ia)(e uestion * political question is a question of policy. t refers to those questions, which under the &onstitution, are to be decided by the people in their sovereign authority, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of government. Political questions are neatly associated with the wisdom, not the legality of a particular measure. 5here the vortex of the controversy refers to the legality or validity of the contested act, that matter is definitely #usticiable or non-political. E-a$#(es of #o(iti!a( 2uestions 8.
+he calling of snap elections on 3ebruary ;, 89:B(
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+he calling of a referendum is within the exclusive discretion of President 3erdinand $. !arcos(
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+he authority of the Senate to punish and detain a witness for contempt is a within its discretionary power and authority and therefore, it is a political question(
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5hether or not the country should honor its international debt
E-a$#(es of usti!ia)(e 2uestions 8.
the determination of whether or not an appointee has the prescribed qualifications
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the determination of the President"s authority to propose amendments and the regularity of the procedure adopted for submission of proposals to the people
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the determination of whether or not a constitutional provision has been followed or not
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the determination of whether or not a suspension for disorderly behavior is supported by the required
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the determination of whether or not the voting requirement prescribed by the &onstitution was complied with
B.
the determination of constitutionality or legality of an act
Le'is(ati+e In2uiies in Aid of Le'is(ation n ohn T. -at#ins vs. nited tates/ ... +he power of congress to conduct investigations in inherent in the legislative process. +hat power is broad. it encompasses inquiries concerning the administration of existing laws as well as proposed, or possibly needed statutes. t includes surveys of defects in our social,economic, or political system for the purpose of enabling &ongress to remedy them. t comprehends probes into departments of the 3ederal Dovernment to expose corruption, inefficiency or waste. "ut broad asis this poer of inquiry, it is not unlimited. There is no general authorit% to epose the private affairs ofindividuals ithout +ustification in terms of the functions of congress. This as &onstitutional Law 8 'eviewer, page 88
freel% conceded b% olicitor General in his argument in this case. 0or is the Congress a la enforcement or trial agenc%. These are functions of the eecutive and +udicial departments of government. 0o in1uir% is an end in itself2 it must be related to and in furtherance of a legitimate tas# of Congress. 3nvestigations conducted sol% for the personal aggrandi4ement of the investigators or to 5punish5 those investigated are indefensible. n Haremblatt vs. )nited States% Hroad as it is, the power is not, however, without limitations. Since congress may only investigate into those areas in which it may potentially legislate or appropriate, it cannot inquire into matters which are within the exclusive province of one of the other branches of the government. Lacking the #udicial power given to the 4udiciary, it cannot inquire into mattes that are exclusively the concern of the 4udiciary. 1either can it suplant the $xecutive in what exclusively belongs to the $xecutive. ... 1ow to another matter. t has been held that Ia congressional committeeJs right to inquire is Jsub#ect to all relevant limitations placed by the &onstitution on governmental action,J including IJthe relevant limitations of the Hill of 'ightsJ.I n Hengson vs Senate Hlue 'ibbon &ommittee 5e do not here modify these doctrines. f we presently rule that petitioners may not be compelled by the respondent &ommittee to appear, testify and produce evidence before it, it is only becuase we hold that the questioned inquiry is not in aid of legislation and, if pursued, would be violative of the principle of separation of powers between the legislative and the #udicial departments of government, ordained by the &onstitution.
Doctrine of "eparation of #hurch and "tate +he se#aation of C&u!& and State has been declared inviolable but this should not be viewed as absolute lack of concern for each other. 2is 2oliness, Pope Paul F, in his Pastoral &onstitution on the &hurch in the !odern 5orld explained that the church and the political community in their own fields are autonomous and independent from each other. Oet, both under different titles, are devoted to the personal and social vocations of the same man. +he more that both foster sounder cooperation between themselves with due consideration for the circumstances f time and place, the more effective will their service exercised for the good of all.. +he separation, therefore, merely serves to delineate the boundaries between the two institutions thereby, avoiding, as much as possible, any encroachment by one against the other. *nd the reason is plain% the union of &hurch and State tends to destroy the government and degrade the church. +hus, each is independent within the sphere of their respective missions and prerogatives, but still governed, )ot& in t&eo% and a!tua( #a!ti!e by the principle of cooperation to attain the common good. *fter all, both institutions have common denominators, that of promoting peace and order, the protection of life, liberty and property, and the promotion of general welfare so that the people will en#oy the blessings of democracy.
Doctrine of Incorporation )nder the do!tine of in!o#oation, a State is, by reason of its membership in the family of nations, bound by the generally accepted principles of international law, the same being considered as part of its own laws. n consonance with this doctrine, the Philippines is bound by any resolution which is duly approved by the )nited 1ations Deneral *ssembly, or by any treaty, commitment, or agreement, reached in an international convention, especially when the Philippines is a party or signatory to the said agreement or treaty. Hut even if it is not a signatory, the Philippines is bound by the 2ague &onvention because it embodied the generally accepted principles of international law binding upon all States. 6!ven ithout such affirmation, e ould still be bound b% the generall% accepted principles of international la under the doctrine of incorporation$ nder this doctrine, as accepted b% the ma+orit% of states, such principles are deemed incorporated in the la of ever% civili4ed state as a condition and conse1uence of its membership in the societ% of nations. &onstitutional Law 8 'eviewer, page 8<
pon its admission to such societ%, the state is automaticall% obligated to compl% ith these principles in its relations ith other states. ( vs Guinto) 'eference% %"ection &' Article II. The 7hilippines renounces ar as an instrument of national polic% ' adopts the generall% accepted principles of international la as part of the la of the land and adheres to the polic% of peace, +ustice, freedom, cooperation, and amit% ith all nations.8
Doctrine of "tate Immunity +he do!tine of state i$$unit% asserts that a State has the inherent right to exist and to protect itself and its citi0ens from any act or acts which will defeat the great interest of the people which it is obligated to serve. +his includes the right to protect itself against indiscriminate suits which will necessarily require its attention, time, and resources. *ll these could otherwise be used for the benefit and interest of the general welfare. The doctrine is sometimes derisivel% called (the royal prero!ati)e of dishonesty( because of the privilege it grants the state to defeat an% legitimate claim against it b% simpl% invo#ing its non9suabilit%. That is hardl% fair, at least in democratic societies, for the state is not an unfeeling t%rant unmoved b% the valid claims of its citi4ens. 3n fact, the doctrine is not absolute and does not sa% the state ma% not be sued under an% circumstance. :n the contrar%, the rule sa%s that the state ma% not be sued ithout its consent, hich clearl% imports that it ma% be sued if it consents. n the words of 4ustice Ficente *bad Santos% The traditional rule of immunit% ecepts a tate from being sued in the courts of another tate ithout its consent or aiver. This rule is a necessar% conse1uence of the principles of independence and e1ualit% of tates. &oever, the rules of 3nternational La are not petrified2 the% are constantl% developing and evolving. *nd because the activities of states have multiplied, it has been necessar% to distinguish them ;; beteen sovereign and governmental acts (+ure imperii) and private, commercial and proprietar% acts (+ure gestionis). The result is that tate immunit% no etends onl% to acts +ure imperii. The restrictive application of tate immunit% is no the rule in the nited tates, the nited
Do!tines on .esidentia( A##oint$ents 8.
&onfirmation by the &ommission on *ppointments is required only for presidential appointees mentioned in the first sentence of Section 8B, *rticle F, including, those officers whose appointments are expressly vested by the &onstitution itself in the president 6like sectoral representatives to &ongress and members of the constitutional commissions of *udit, &ivil Service and $lection7.
<.
&onfirmation is not required when the President appoints other government officers whose appointments are not otherwise provided for by law or those officers whom he may be authori0ed by law to appoint 6like the &hairman and !embers of the &ommission on 2uman 'ights7. 5hen &ongress creates inferior offices but omits to provide for appointment thereto, or provides in an unconstitutional manner for such appointments, the officers are considered as among those whose appointments are not otherwise provided for by law.
.adon #ao(e e#ie+e a$nest% &onstitutional Law 8 'eviewer, page 8=
Pardon
is an act of grace given by those charged with the power and authority to execute laws, which exempts the individuals sub#ect of pardon from the punishment which the law inflicts for a crime he has committed
Parole
a person sub#ect of parole is released from imprisonment but his liberty is not fully restored because he is still considered in the custody of the law although he is not in confinement
eprie)e
the execution of sentence of a person who is sub#ect of a reprieve is stayed or postponed is an act of grace given by the President with the concurrence of congress. t is usually extended to groups of persons who committed political offenses and abolishes the offense itself.
Amnesty
#ommutation
penalty is mitigated or reduced
.a in .ae$ Non 5a)et I$#eiu$ n the case of nited tates of *merica v . Guinto 68:< S&'* B@@ M899CN7% *s applied to the local state, the doctrine of state immunit% is based on the +ustification given b% ustice &olmes that 5there can be no legal right against the authorit% hich ma#es the la on hich the right depends.5 (
? .. @AB) There are other practical reasons for the enforcement of the doctrine. 3n the case of the foreign state sought to be impleaded in the local +urisdiction, the added inhibition is epressed in the maim par in parem' non habet imperium $ All states are so)erei!n equals and cannot assert *urisdiction o)er one another$ * contrar% disposition ould, in the language of a celebrated case, 5undul% ve the peace of nations.5 ($a &aber v. 'ueen of 7ortugal, D '. ". D) -hile the doctrine appears to prohibit onl% suits against the state ithout its consent, it is also applicable to complaints filed against officials of the state for acts allegedl% performed b% them in the discharge of their duties. The rule is that if the +udgment against such officials ill re1uire the state itself to perform an affirmative act to satisf% the same, such as the appropriation of the amount needed to pa% the damages aarded against them, the suit must be regarded as against the state itself although it has not been formall% impleaded. (Garcia v. Chief of taff, E CR* =>) 3n such a situation, the state ma% move to dismiss the complaint on the ground that it has been filed ithout its consent. n 5ylie vs 'arang% The 1uestion, therefore, arises ;; are *merican naval officers ho commit a crime or tortious act hile discharging official functions still covered b% the principle of state immunit% from suit 7ursuing the 1uestion further, does the grant of rights, poer, and authorit% to the nited tates under the R79 "ases Treat% cover immunit% of its officers from crimes and torts :ur anser is 0o.
the 3oreign Sovereign mmunities *ct of 89;B, which defines a commercial activity as Ieither a regular course of commercial conduct or a particular commercial transaction or act.I 3urthermore, the law declared that the Icommercial character of the activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose.I +he &anadian Parliament enacted in 89:< an *ct to Provide 3or State mmunity in &anadian &ourts. +he *ct defines a Icommercial activityI as any particular transaction, act or conduct or any regular course of conduct that by reason of its nature, is of a Icommercial character.I +he restrictive theory, which is intended to be a solution to the host of problems involving the issue of sovereign immunity, has created problems of its own. Legal treatises and the decisions in countries which follow the restrictive theory have difficulty in characteri0ing whether a contract of a sovereign state with a private party is an act +ure gestionis or an act +ure imperii. +he restrictive theory came about because of the entry of sovereign states into purely commercial activities remotely connected with the discharge of governmental functions. +his is particularly true with respect to the &ommunist states which took control of nationali0ed business activities and international trading. A!ts 8ue I$#eii +his &ourt has considered the following transactions by a foreign state with private parties as acts +ure imperii% 687 the lease by a foreign government of apartment buildings for use of its military officers 6Syquia v. Lope0, :@ Phil. =8< M89@9N( 6<7 the conduct of public bidding for the repair of a wharf at a )nited States 1aval Station 6)nited States of *merica v. 'ui0, supra.7( and 6=7 the change of employment status of base employees 6Sanders v. Feridiano, 8B< S&'* :: M89::N7. A!ts 8ue *estionis Gn the other hand, this &ourt has considered the following transactions by a foreign state with private parties as acts +ure gestionis% 687 the hiring of a cook in the recreation center, consisting of three restaurants, a cafeteria, a bakery, a store, and a coffee and pastry shop at the 4ohn 2ay *ir Station in Haguio &ity, to cater to *merican servicemen and the general public 6)nited States of *merica v. 'odrigo, 8:< S&'* B@@ M899CN7( and 6<7 the bidding for the operation of barber shops in &lark *ir Hase in *ngeles &ity 6)nited States of *merica v. Duinto, 8:< S&'* B@@ M899CN7. +he operation of the restaurants and other facilities open to the general public is undoubtedly for profit as a commercial and not a governmental activity. Hy entering into the employment contract with the cook in the discharge of its proprietary function, the )nited States government impliedly divested itself of its sovereign immunity from suit. n the absence of legislation defining what activities and transactions shall be considered IcommercialI and as constituting acts +ure gestionis, we have to come out with our own guidelines, tentative they may be. &ertainly, the mere entering into a contract by a foreign state with a private party cannot be the ultimate test. Such an act can only be the start of the inquiry. +he logical question is whether the foreign state is engaged in the activity in the regular course of business. f the foreign state is not engaged regularly in a business or trade, the particular act or transaction must then be tested by its nature. f the act is in pursuit of a sovereign activity, or an incident thereof, then it is an act +ure imperii, especially when it is not undertaken for gain or profit. *s held in nited tates of *merica v. Guinto , 6supra 7% +here is no question that the )nited States of *merica, like any other state, will be deemed to have impliedly waived its non-suability if it has entered into a contract in &onstitutional Law 8 'eviewer, page 8A
its proprietary or private capacity. t is only when the contract involves its sovereign or governmental capacity that no such waiver may be implied. Can t&e *o+en$ent of t&e .&i(i##ines )e sued/ *s a rule, the Dovernment of the Philippines cannot be sued without its consent. +he consent of the State to be sued may be given expressly or impliedly. $xpress consent may be manifested either through a general law or a special law. mplied consent is given when the State itself commences litigation, or when it enters into a contract with another citi0en. n the former, the defendant is entitled to file a counterclaim against the State. n the case of the latter, the State has divested itself of the mantle of sovereign immunity and descended to the level of the ordinary individual, hence, it becomes sub#ect to a suit in the courts of #ustice and to the usual summons and processes of the court. +he standing consent of the State to be sued is *ct 1o. =C:=, which declared that the Dovernment of the Philippine slands hereby consents and submits to be sued upon any money claim involving liability arising from contract, express or implied, which could serve as a basis of a civil action between private parties. -e have held that not all contracts entered into b% the government ill operate as a aiver of its non9suabilit%2 distinction must be made beteen its sovereign and proprietar% acts. 6)nited States of *merica v. 'ui0, 8=B S&'* @:;7 Can a'en!ies of t&e *o+en$ent of t&e Re#u)(i! of t&e .&i(i##ines )e sued/ t depends on whether the government agency to be sued is incorporated or unincorporated. t is incorporated, the rule is that it is suable if its charter says so and regardless of the functions it is performing. f it is unincorporated, the rule is that it is suable if it is performing proprietary functions, and not suable if it is performing governmental functions. n 3arolan vs &+*% Gtherwise, to permit private respondentJs claim to prosper would violate the doctrine of sovereign immunity. Since it demands that the &ommissioner of &ustoms be ordered to pay for actual damages it sustained, for which ultimately liability will fall on the government, it is obvious that this case has been converted technically into a suit against the state. <9 Gn this point, the political doctrine that Ithe state may not be sued without its consent,I categorically applies. =C *s an unincorporated government agency without any separate #uridical personality of its own, the Hureau of &ustoms en#oys immunity from suit. *long with the Hureau of nternal 'evenue, it is invested with an inherent power of sovereignty, namely, taxation. *s an agency, the Hureau of &ustoms performs the governmental function of collecting revenues which is definitely not a proprietary function. +hus, private respondentJs claim for damages against the &ommissioner of &ustoms must fail.
W&en is a suit a'ainst #u)(i! offi!ia( dee$ed to )e a suit a'ainst t&e State/ +he doctrine of state immunity from suit applies to complaints filed against public officials for acts done in the performance of their duties. +he rule is that the suit must be regarded as one against the State where the satisfaction of the #udgment against the public official concerned will require the State itself to perform a positive act, such as the appropriation of the amount necessary to pay the damages awarded to the plaintiff. +he rule does not apply where the public official is charged in his official capacity for acts that are unlawful and in#urious to the rights of others. Public officials are not exempt, in their personal capacity, from liability arising from acts committed in bad faith. 1either does it apply where the public official is clearly being sued not in his official capacity but in his personal capacity, although the acts complained of may have been committed while he occupied a public position. 6*mado 4. Lansang v &*, D' 1o. 8C
5hen the 'epublic is sued by name &onstitutional Law 8 'eviewer, page 8B
2. 3.
5hen the suit is against an unincorporated government agency( 5hen the suit is on its face against a government official but the case is such that the ultimate liability will belong not to the officer but to the government 6'epublic v Sandoval7
Ru(e on $one% C(ai$s a'ainst t&e State +his is covered by a general consent to be sued from in &ommonwealth *ct 1o. =<;, which reads in part Section 8. n all cases involving the settlement of accounts of claims other than those of accountable officers, the *uditor Deneral shall act and decide the same within BC days, exlusive of Sundays and holidays after their presentation. M if accountable officers, 8CC days is the limit.N
W&at e!ouse is t&ee fo a #i+ate #eson "&ose #o#et% &as )een ta@en fo t&e State )% an unaut&oi7ed a!t of a #u)(i! offi!e/ f the property can still be restored, the suit for restoration and damages must be against the officer in his private capacity 63este#o v 3ernando, 9@ Phil AC@7 f the property can no longer be restored and is in fact being en#oyed by the State, then the State must be deemed to have submitted to the #urisdiction of the court for purposes of fixing the #ust compensation. 6!inisteri v &3, @C S&'* @B@7.
Consent to )e sued S!o#e of Consent
.o!ess of Su''estion n the )nited States, the procedure followed is the process of Isuggestion,I where the foreign state or the international organi0ation sued in an *merican court requests the Secretary of State to make a determination as to whether it is entitled to immunity. f the Secretary of State finds that the defendant is immune from suit, he, in turn, asks the *ttorney Deneral to submit to the court a IsuggestionI that the defendant is entitled to immunity. n $ngland, a similar procedure is followed, only the 3oreign Gffice issues a certification to that effect instead of submitting a IsuggestionI 6GJ&onnell, nternational Law 8=C M89BAN( 1ote% mmunity from Suit of 3oreign Sovereign nstrumentalities and Gbligations, AC Oale Law 4ournal 8C:: M89@8N7. n the Philippines, the practice is for the foreign government or the international organi0ation to first secure an executive endorsement of its claim of sovereign or diplomatic immunity. Hut how the Philippine 3oreign Gffice conveys its endorsement to the courts varies. n 3nternational Catholic igration Commission v. Calle+a , 89C S&'* 8=C 6899C7, the Secretary of 3oreign *ffairs #ust sent a letter directly to the Secretary of Labor and $mployment, informing the latter that the respondent-employer could not be sued because it en#oyed diplomatic immunity. n -orld &ealth :rgani4ation v. *1uino, @: S&'* <@< 689;<7, the Secretary of 3oreign *ffairs sent the trial court a telegram to that effect. n "aer v. Ti4on, A; S&'* 8 689;@7, the ).S. $mbassy asked the Secretary of 3oreign *ffairs to request the Solicitor Deneral to make, in behalf of the &ommander of the )nited States 1aval Hase at Glongapo &ity, ambales, a IsuggestionI to respondent 4udge. +he Solicitor Deneral embodied the IsuggestionI in a !anifestation and !emorandum as amicus curiae. n the case at bench, the /epartment of 3oreign *ffairs, through the Gffice of Legal *ffairs moved with this &ourt to be allowed to intervene on the side of petitioner. +he &ourt allowed the said /epartment to file its memorandum in support of petitionerJs claim of sovereign immunity. n some cases, the defense of sovereign immunity was submitted directly to the local courts by the respondents through their private counsels 6'aqui0a v. Hradford, ;A Phil. AC M89@AN( !iquiabas v. Philippine-'yukyus &ommand, :C Phil.
Duinto, 8:< S&'* B@@ M899CN and companion cases7. n cases where the foreign states bypass the 3oreign Gffice, the courts can inquire into the facts and make their own determination as to the nature of the acts and transactions involved. W&at !an a #eson do if a''ie+ed )% a!ts of a foei'n so+eei'n/ Private respondent is not left without any legal remedy for the redress of its grievances. )nder both Public nternational Law and +ransnational Law, a person who feels aggrieved by the acts of a foreign sovereign can ask his own government to espouse his cause through diplomatic channels.
E-e!ution of .u)(i! Funds Hut, be that as it may, the claims of private respondents, i.e. for underpayment of wages, holiday pay, overtime pay and similar other items, arising from the &ontract for Service, clearly constitute money claims. *ct 1o. =C:=, aforecited, gives the consent of the State to be Isued upon any moneyed claim involving liability arising from contract, express or implied, . . . Pursuant, however, to &ommonwealth *ct 6I&.*.I7 1o. =<;, as amended by Presidential /ecree 6IP./.I7 1o. 88@A, the money claim first be brought to the &ommission on *udit. +hus, in Carabao, 3nc., vs. *gricultural 7roductivit% Commission , we ruled% 6&7laimants have to prosecute their money claims against the Dovernment under &ommonwealth *ct =<;, stating that *ct =C:= stands now merely as the general law waiving the StateJs immunity from suit, sub#ect to the general limitation expressed in Section ; thereof that Ino execution shall issue upon any #udgment rendered by any &ourt against the Dovernment of the 6Philippines7, and that the conditions provided in &ommonwealth *ct =<; for filing money claims against the Dovernment must be strictly observed.I n Republic vs. Hillasor this &ourt, in nullifying the issuance of an alias writ of execution directed against the funds of the *rmed 3orces of the Philippines to satisfy a final and executory #udgment, has explained, thus Q +he universal rule that where the State gives its consent to be sued by private parties either by general or special law, it may limit the claimantJs action Ionly up to the completion of proceedings anterior to the stage of executionI and that the poer of the Courts ends hen the +udgment is rendered, since government funds and properties ma% not be sei4ed under rits or eecution or garnishment to satisf% such +udgments, is based on obvious considerations of public policy. /isbursements of public funds must be covered by the correspondent appropriation as required by law. +he functions and public services rendered by the State cannot be allowed to be paraly0ed or disrupted by the diversion of public funds from their legitimate and specific ob#ects, as appropriated by law. > .in!i#(es Principle of epublicanism * e#u)(i!an 'o+en$ent is a government which is run by the people through their chosen representatives who, in turn, are accountable to the sovereign will of the people. +hey derive their mandate from the people who elect them for a period or term that is fixed by law. +hey cannot, strictly speaking, go against the specific authority and the sovereign will of the people for they are precisely the source of all government authority and are merely the trustees who are expected to act for and in their behalf for their benefit. Manifestations of Re#u)(i!anis$
Principle of #i)ilian "upremacy
&onstitutional Law 8 'eviewer, page 8:
+his #in!i#(e of !i+i(ian su#e$a!% is emphatically declared in the Section =, *rticle of the 89:; &onstitution. t is not found in the 89;= nor in the 89=A &onstitutions. Section = of the new &onstitution is entirely a new provision which provides, as follows% 6ection @. Civilian authorit% is, at all times, supreme over the militar%. The *rmed Forces of the 7hilippines is the protector of the people and the tate. 3ts goal is to secure the sovereignt% of the tate and the integrit% of the national territor%.8 Gther provisions in the &onstitution that supports supremacy of civilian over military% 6"ection +' Article II$ The 7hilippines is a democratic and republican tate. overeignt% resides in the people and all government authorit% emanates from them.8 6"ection +,' Article II$ The 7resident shall be the Commander9in9Chief of all the armed forces of the 7hilippines and henever it becomes necessar%, he ma% call out such armed forces to prevent or suppress laless violence, invasion or rebellion. I.8 Section 8:, *rticle F emphasi0es that a civilian, the President, is the highest in the military chain of command. Can a #eson efuse to e'iste fo $i(ita% tainin' on a!!ount of e(i'ious o #o(iti!a( !on+i!tions/ +here are several reasons to support the view that the government can require compulsory military service and they are as follows% 8.
5hat #ustifies compulsory military service is the defense of the State, whether actual or whether in preparation to make it more effective in case of need.
<.
+he duty of the Dovernment to defend the State cannot be fulfilled except through the army. +o leave the organi0ation of the army to the will of the citi0ens would be make this duty of the Dovernment excusable should there be no sufficient men who volunteer for enlistment.
=.
+he right of the Dovernment to require service is a consequence of its duty to defend the State and to protect the life, liberty and property of the citi0ens. n the )1, a more radical view has been expressed by the Supreme &ourt. n 4acobson vs !assachusetts, the Supreme &ourt of the )nited States upheld the view that without violating the &onstitution, a person may be compelled, by force, if need be against his will, against his pecuniary interests, and even against his religious or political convictions, to take his place in the ranks of the army of his country and risk the chance of being shot down in its defense.
Principle of non-dele!ation of powers .otestas de(e'ata non de(e'ai #otest: Power delegated cannot be further delegated. +he delegate to whom a power is delegated has been chosen precisely because trust is reposed on him and if he delegates further to another the power delegated to him, that third person does not have the trust originally given to him. !oreover, the power delegated constitutes not only a right but also a duty to be performed by the delegate through the use of his own #udgment and not through the #udgment of another. +o sum up then, we find that the challenged measure is an invalid exercise of the police power because the method employed to conserve the carabaos is not reasonably necessary to the purpose of the law and, worse, is unduly oppressive. /ue process is violated because the owner of the property confiscated is denied the right to be heard in his defense and is immediately condemned and punished. +he conferment on the administrative authorities of the power to ad#udge the guilt of the supposed offender is a clear encroachment on #udicial functions and militates against the doctrine of separation of powers. +here is, finally, also an invalid delegation of legislative powers to the officers mentioned therein who are granted unlimited discretion in the distribution of the properties arbitrarily taken. 3or these reasons, we hereby declare $xecutive Grder 1o. B
Tests of Va(id De(e'ation of .o"es t is valid only if 1.
+he law is complete in itself, setting forth therein the policy to be executed, carried out, or implemented by the delegate( and
2.
fixes a standard – the limits of which are sufficiently determinate and determinable – to which the delegate must conform in the performance of his function. * sufficient standard is one which defines legislative policy, marks its limits, maps out its boundaries, and specifies the public agency to apply it. n idicates the circumstance under which the legislative command is to be effected 6Santiago v &omelec <;C S&'* 8CB7.
Tests to dete$ine "&et&e a 'i+en #o"e &as )een +a(id(% e-e!ised 8.
s the power granted by the &onstitutionR f it is granted by the &onstitution, the exercise of such power is sustained.
<.
f the power is not expressly implied by the &onstitution, can the power sought to be exercised be reasonably inferred from, or is it necessary to the proper exercise of, the express power granted to the department seeking to exercise said powerR f it is, the exercise of the said power may be #ustified under the doctrine of implication. +he do!tine of i$#(i!ation means that even in the absence of an express conferment, the exercise of a given power may be #ustified or reasonable inferred from the express power already granted, or that it may be necessary to the proper exercise of the express power granted to the department seeking to exercise the said power.
=.
@.
f the power sought to be exercised is not granted by the &onstitution, either expressly or impliedly, can its exercise be #ustified as inherent or incidentalR f they are, the exercise of said power may be sustained. 2as the power in question been performed in accordance with the rules laid down by the &onstitutionR * good example is the compliance required under Section <8, *rticle F of the 89:; &onstitution which provides that the power to conduct legislative investigation, although implied from the power of legislation, is now sub#ect to the following restraints% a7
the legislative inquiry must be in aid of legislation(
b7
the conduct of investigation must be strictly in accordance with the rules of procedure that must have been published in advance for the information and protection of the witnesses(
c7
the rights of persons appearing in or affected by such inquiries shall be respected,
Definition0?asis0A##(i!a)i(it%
Standads to ustif% de(e'ation of #o"es
Instan!es of .e$issi)(e De(e'ation
Can (e'is(ati+e #o"e )e de(e'ated/ &onstitutional Law 8 'eviewer, page
Legislative powers can be delegated in the following cases% 8.
5hen authori0ed by the &onstitutions such as in granting emergency powers to the President, or when &ongress grants law tariff powers to the President(
<.
Legislative powers may be delegated to local government%
=. police poer has been epressl% delegated b% the legislature to the local la9 ma#ing bodies =.=
eminent domain
=. Legislative powers may be delegated to the people at large through referendum or plebiscite @.
Legislative powers may be delegated to administrative bodies 6 PG$*, L+3'H, &*H, G55*, HG, H!, etc.7
State .o(i!ies "ocial Justice . So!ia( usti!e is neither communism, nor despotism, nor atomism, nor anarchy, but the humani0ation of laws and the equali0ation of social and economic forces of the State so that #ustice in its rational and ob#ectively secular conception may at least be approximated. Social #ustice means the promotion of welfare of all the people, the adoption by the government of measures calculated to ensure the economic stability of all component elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionall%, through the adoption of measures legally #ustifiable, or etra9constitutionall% , through the exercise of powers underlying the existence of all governments on the time-honored principle of solus populi est suprema le. Jold meaning b% en. ose 7. Laurel, Calalang vs -illiams
E-#anded $eanin' of So!ia( 8usti!e +he new meaning of social #ustice embraces all phase of development not only in terms of equitable diffusion not only of wealth but also of political power. 2owever, social #ustice does not champion division of property or equality of economic status. 5hat the 89:; &onstitution guarantees are equality of opportunity, equality of political rights, equality before the law, equality between values given and received, equitable sharing of the social and material goods on the basis of efforts exerted in their production. t is a command to advise social measures( but it cannot be used to trample upon the rights of others. Social #ustice, therefore, must be founded on the recognition of the interdependence among diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount ob#ective of the State of promoting health, comfort, and quiet of all persons, and of bringing about the greatest good to the greatest number. )nder the 89:; constitution, the provisions that promote social #ustice, in its new concept are as follows% *rt. =, ec. B – the State shall promote a #ust and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. *rt. =, ec. > – +he State shall promote social #ustice in all phases of national development *rt. =, ec. – +he State values the dignity of every human person and guarantees full respect for human rights. &onstitutional Law 8 'eviewer, page <8
*rt. =, ec. K. – +he State affirms labor as a primary social economic force. t shall protect the rights of workers and promote their welfare. *rt. =, ec. = ; +he State shall promote a comprehensive rural development and agrarian reform.
/onesty and Inte!rity in Public "er)ice Sections <; and <: of the 89:; &onstitution put emphasis to three basic principles concerning public service, as follows% 8.
.u)(i! offi!e is a #u)(i! tust: )nder this principle, public officials in all ladders of our government should always remember that they were merely entrusted by the people to perform the duties and responsibilities of their offices for a fixed period of time. +hey were chosen to serve the people, not to cheat them. +heir offices are not their own, nor can they be treated as private properties which they can manage or dispose of at their whim and caprice.
<.
Ou 'o+en$ent is a 'o+en$ent of (a"s and not of $en: +he law should be applied equally without fear or favor.
=.
Tans#aen!% in #u)(i! se+i!e: Hecause public officials are mere trustees of the people, they should observe loyalty and fidelity to the people who have entrusted to them specific duties for a specific tenure. +he lessons that we have learned during the twenty years of martial rule teach us that graft and corruption, abuse of power, can bring about chaos and revolution.
0ree #ompetition 3ree competition in the industry may also provide the answer to a much-desired improvement in the quality and delivery of this type of public utility, to improved technology, fast and handy mobile service, and reduced user dissatisfaction. *fter all, neither PL/+ nor any other public utility has a constitutional right to a monopoly position in view of the &onstitutional proscription that no franchise certificate or authori0ation shall be exclusive in character or shall last longer than fifty 6AC7 years 6ibid., Section 88( *rticle EF, Section A, 89;= &onstitution( *rticle EF, Section :, 89=A &onstitution7. *dditionally, the State is empowered to decide whether public interest demands that monopolies be regulated or prohibited 689:; &onstitution, *rticle E, Section 897.
Le'is(ati+e E-e!uti+e and 8udi!ia( .o"es W&at is +ested in Con'ess/ +he legislative power is vested in &ongress of the Philippines which shall consist of a Senate and 2ouse of 'epresentatives, except to the extent reserved to the people by provision on initiative and referendum. 2owever, the &ongress also performs powers of non-legislative nature such as the following% 8.
Power to confirm presidential appointments(
<.
Power of impeachment( a7
in case the verified complaint or resolution of impeachment is filed by at least one-third of all the !embers of the 2ouse, the same shall constitute the *rticles of mpeachment(
b7 the Senate shall have the sole power to try and decide all cases of impeachment. =.
Power to declare the existence of a state of war.
@.
Power to concur or confirm an amnesty granted by the President.
&onstitutional Law 8 'eviewer, page <<
A.
Power to canvass the votes based on the return of election for President and Fice President
B.
Power to propose amendment or revision of the &onstitution upon a vote of threefourths of all the members of &ongress.
;.
Power to ratify treaties granted to Senate.
Ot&e e-a$#(es of #o"es of Con'ess Specific legislative powers 8. <. =.
Power of appropriation Power of taxation Power of expropriation
mplied Powers 8. Power to punish or declare a person in contempt during or in the course of legislative investigation <. Power to issue summons and notices in connection with matters sub#ect of its investigation or inquiry nherent powers 8.
Power to determine the rules of its proceedings.
I$$unities of t&e $e$)es of Con'ess n all offenses punishable by not more than six years of imprisonment, !embers of the &ongress have the following immunities 8.
+hey shall be privileged from arrest while &ongress is in session. +his is to ensure their attendance of the session so that the constituents will en#oy representation.
<.
+hey shall not be questioned nor held liable in any other place for any speech or debate in the &ongress or in any committee thereof. +his is to enable them to express his views on matters of public interest without fear of accountability.
.o&i)itions and esti!tions on t&e #o"e of Con'ess .o&i)itions Gi$#osed )% ConstitutionH 8.
1o ex post facto law shall be passed
<.
1o bill of attainder shall be passed
=.
1o law impairing the obligation of contracts shall be passed
@.
1o law granting a title of royalty or nobility shall be passed
A.
1o law shall be passed increasing the appellate #urisdiction of the Supreme &ourt as provided in this &onstitution without its advice and concurrence
B.
1o law granting tax exemption shall be passed without the concurrence of a ma#ority of all the !embers of &ongress
Resti!tions Gi$#osed )% Constitution (a" and uis#uden!eH 8.
1o money shall be paid out of the +reasury except in pursuance of an appropriation made by law.
<.
1o public money or property shall be appropriated, applied, paid, or employed directly or indirectly for the use, benefit, or support of any sect, church,
&onstitutional Law 8 'eviewer, page <=
denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary except when they are assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium =.
*ll money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such special purpose only.
@.
+he rule of taxation shall be uniform and equitable.
A.
*ll appropriate, revenue or tariff bills authori0ing the increase of public debt, bills of local application and private bills shall originate exclusively in the 2ouse of 'epresentatives, but the Senate may propose or concur with amendments.
B.
+he &ongress may not increase the appropriations recommended by the President for the operation of the Dovernment as specified in the budget. +he form, content, and manner of preparation of budget shall be prescribed by law.
;.
1o provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. *ny such provision or enactment shall be limited in its operations to the appropriation to which it relates.
:.
+he procedure in approving appropriations for the &ongress shall strictly follow the procedure for approving appropriations for other departments and agencies.
9.
* special appropriations bill shall specify the purpose for which it is intended and shall be supported by funds actually available as certified by the 1ational +reasurer, or to be raised by a corresponding revenue proposal therein.
8C.
+wo-thirds vote of both 2ouses in #oint session is needed to declare existence of a state of war.
88.
&ongress may, by law, authori0e the President to fix and impose tariff rules, etc.
8<.
&haritable institutions shall be exempt from taxation.
8=.
+ax exemption needs concurrence of a ma#ority of the members of &ongress.
In&i)itions and Dis2ua(ifi!ations +here are three inhibitions and disqualifications for a !ember of &ongress% 8.
/uring their term of office, they cannot personally appear as counsel in a7 any court of #ustice( b7 or before the $lectoral +ribunal( or before quasi-#udicial and other administrative bodies.
<.
/uring their term of office, they cannot, directly or indirectly, be interested financially a7 in any contract with, b7 or in any franchise or special privilege granted by, the government, or in any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation.
=.
/uring their term of office, they shall not intervene in any matter before any office of the Dovernment for their pecuniary benefit or where they may be called upon to act on account of their office.
Instan!es "&en Con'ess $eets e+en "it&out t&e .esident3s !a(( 8.
when &ongress meets to canvass votes and the returns of election of the President and Fice President
<.
5hen &ongress convenes in accordance with its rules to enact a law calling for a special election to elect a President and a Fice President
=.
5hen the 2ouse of 'epresentatives acts on a verified complaint for impeachment, or indorses the same, and the Senate subsequently tries and decides on the *rticles of mpeachment indorsed by the 2ouse of 'epresentatives
&onstitutional Law 8 'eviewer, page <@
@.
3ollowing a proclamation of martial law or suspension of the writ of habeas corpus, and twenty-four hours following such proclamation or suspension, &ongress shall convene in accordance with its rules without a need of a call.
Eno((ed )i(( t&eo% +he enrolled bill is conclusive upon the courts as regards the tenor of the measure passed by &ongress and approved by the President. f a mistake is in fact made in the printing of the bill before it was certified by the officers of &ongress and approved by the &hief $xecutive, the remedy is by amendment or corrective legislation, not by #udicial decree. n case of conflict between an enrolled bill and a #ournal, an eno((ed )i(( s&a(( #e+ai( o+e t&e ouna(. +he reason for the rule is to avoid a situation where the courts will be inquiring into the conduct of the legislature which is a co-equal department, or to go behind the enrolled bills, instead of giving it due respect.
W&en does a )i(( )e!o$e a (a"/ * bill becomes a law in any of the following manner% 8.
5hen, after the same is presented to the President, the latter signs it(
<.
5hen the President vetoes the said bill but the said veto is overridden by two-thirds vote of all the members of the 2ouse(
=.
5hen the President does not act upon the bill within thirty days after it is presented to him.
Can a )i(( )e #atia((% +etoed )% t&e .esident/ *s a rule, the President must either approve or disapprove a bill except in the case of appropriation, revenue or tariff bills. Hy express &onstitutional provision, the veto of any particular item or items in an appropriation, revenue or tariff bill shall not affect the item or items to which the President does not ob#ect.
Ne" Definition of 8udi!ia( .o"e ection , *rticle H333. The +udicial poer shall be vested in one upreme Court and in such loer courts as ma% be established b% la.6 +he first part of #udicial power 6to settle actual controversies involving rights which are legally demandable and enforceable7 is what is known as the traditional concept of #udicial power. +he second part of #udicial power 6to determine whether or not there has been grave abuse of discretion amounting to lack or excess or #urisdiction on the part of any branch or instrumentality of the Dovernment7 is what is now known and referred to as the expanded #urisdiction of the Supreme &ourt.
.o"es of t&e Su#e$e Cout +he Supreme &ourt, under Section A of the 89:; &onstitution, has the following powers 1:
8uisdi!tion of t&e SC o+e !ases Ori!inal Jurisdiction +he S& shall have the power to exercise original #urisdiction over cases affecting ambassadors, other public ministers, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. Appellate Jurisdiction +he S& shall have to power to review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the 'ules of &ourt may provide, final #udgments and orders of lower courts in%
&onstitutional Law 8 'eviewer, page
:
a7
all cases in which the constitutionality of a treaty, international agreement, executive agreement or law is in question
b7
all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto
c7
*ll cases in which the #urisdiction of any lower court is in issue
d7
all criminal cases in which the penalty imposed is reclusion perpetua or higher
e7
all cases in which only an error or question of law is involved
Au-i((a% Ad$inistati+e .o"es of t&e Su#e$e Cout a7
*ssign temporarily #udges of lower courts to other stations as public interest may require. Such assignment shall not exceed six months without the consent of the #udge concerned.
b7
Grder a change of venue or place of trial to avoid a miscarriage of #ustice.
c7
Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the HP, and legal assistance to the underprivileged
d7
*ppoint all officials and employees of the #udiciary in accordance with the &ivil Service Law.
Re2uisites of udi!ia( e+ie" o in2ui% +he courts are without #urisdiction on matters, cases, or questions not brought to their determination. $ven if such matters, cases or questions are brought to their determination but such questions are political in nature, which under the &onstitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislative or branch of the government, the courts will not assume #urisdiction on said cases. 3or a constitutional question to be heard and decided by our courts, the following requisites must be complied with% 8.
+here must be actual case or controversy
<.
+he question of constitutionality must be raised by the proper party
=.
+he question of constitutionality must be raised at the earliest possible time
@.
+he decision of the constitutional question must be necessary to the determination of the case itself.
&onstitutional Law 8 'eviewer, page
