CONSTITUTIONAL LAW 1 JUSTICE ANTONIO NACHURA I. THE PHILIPPINE CONSTITUTION A. NATURE OF THE CONSTITUTION 1.

. CONSTITUTION DEFINED - a written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among several departments for their more safe and useful exercise for the benefit of the body politic - the document which serves as the fundamental law of the state 2. PURPOSE - to prescribe the permanent framework of a system of government, to assign the several departments their respective powers and duties and to establish certain first principles on which the government is founded 3. CLASSIFICATION a. Written and unwritten WRITTEN - one whose precepts are embodied in one document or set of documents UNWRITTEN rules which have not been integrated into a single, concrete form but are scattered in various sources i.e. statutes of a fundamental character, judicial decisions, commentaries of publicists, customs and traditions and certain common law principles b. enacted (conventional) v. evolved (cumulative) ENACTED - formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler EVOLVED - result of political evolution NOT inaugurated at any specific time but changing accretion rather than by any systematic method c. flexible and rigid FLEXIBLE - can be changed by ordinary legislation RIGID - one that can be amended only by a formal and usually difficult process 4. QUALITIES OF A GOOD WRITTEN CONSTITUTION a. Broad covers all persons and things within the territory of the State and must be comprehensive enough to provide for every contingency b. Brief must confine itself to basic principles to be implemented with legislative details more adjustable to change and easier to amend c. Definite to prevent ambiguity in its provisions which could result in confusion and divisiveness among the people

5. ESSENTIAL PARTS OF A GOOD CONSTITUTION a. Constitution of Liberty - the provision which guarantee individual fundamental liberties against governmental abuse b. Constitution of Government - those provisions which set up the governmental structure c. Constitution of Sovereignty - the provisions which outline the process where the sovereign people may change the constitution 6. CONSTRUCTION/INTERPRETATION OF CONSTITUTION - the provisions should be self-executing, mandatory rather than directory and prospective rather than retroactive CASES : Civil Liberties Union v. Executive Secretary, GR No. 83896, Feb 22, 1991 Francisco v. HREP, GR No. 160261, Nov. 10, 2003 Manila Prince Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997. - Pamatong v. COMELEC, G.R. No. 161872, April 13, 2004

b. January 21, 1899: Establishment of First Philippine Republic 2. The American Regime and the Organic Acts made to apply to the Philippines a. December 10, 1898: Treaty of Paris, cession of Philippines by Spain to the US b. Schurman Commission (1st Philippine Commission), then Taft Commission (2nd Philippine Commission) c. July 4, 1901 : Spooner Amendment established civil government in the islands d. Philippine Bill of 1902: created the Philippine Assembly in 1907 to sit with the Philippine Commission in a bicameral legislature e. Jones Law of 1916 : established a Philippine Legislature composed of the Senate and House of Representatives f. Tydings-McDuffie Act of 1934 : authorized the drafting of a constitution and the establishment of a Commonwealth Government and after ten years, independence 3. The 1935 Constitution a. Ratified on May 14, 1935 b. Philippine Commonwealth inaugurated on November 15, 1935 c. July 4, 1946: inauguration of 3rd Philippine Republic; Philippine Independence d. June 1, 1971 : opening of 1971 Constitutional Convention e. September 21, 1972 : declaration of Martial Law by President Ferdinand E. Marcos

B. BRIEF CONSTITUTIONAL HISTORY 1. The Malolos Constitution a. June 12, 1898 Proclamation of Philippine Independence

Case: - Mabanag v. Lopez Vito, 79 Phil. 1 4. The Japanese Occupation 5. The 1973 Constitution a. March 16, 1967 : Resolution No. 2 called a Convention to propose amendments to the Constitution b. November 20, 1970 : Election of Delegates to the Convention c. June 1, 1971 : 1971 Constitutional Convention d. November 29, 1972 : the Convention approved its Proposed Constitution of the Republic of the Philippines e. November 30, 1972 : Presidential Decree No. 73 submitting to the Filipino people for ratification or rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention date of Plebiscite on Jan. 15, 1973 f. Jan. 7, 1973 : General Order No. 20 that the plebiscite scheduled to be held on Jan.15, 1973, be postponed until further notice g. January 17, 1973 Proclamation No. 1102 the proposed Constitution had been ratified by an overwhelming vote of the members of the Citizens Assemblies CASES: - Imbong v. COMELEC, G.R. No. L-32432, Sept. 11, 1970 - Javellana v. Executive Secretary, G.R. No. L-36142, March 31, 1963

- Sanidad v. COMELEC, G.R. No. L-44640, Oct. 12, 1976 6. The Snap Presidential Election of 1986 7. The EDSA Revolution and the Freedom Constitution a. November 1985 President Marcos called for a Special Presidential Election to held on February 15, 1986 b. February 22, 1986 - Enrile and Ramos initiated a revolt against F. Marcos and supported Corazon Aquino c. February 25, 1986 Cory Aquino was proclaimed the first woman President of the Philippines PROCLAMATION NO. 3 = FREEDOM CONSTITUTION CASES: - Lawyers League for a Better Philippines v. Corazon C. Aquino, G.R. No. 73748, May 22, 1988 - Republic v. Sandiganbayan, G.R. No. 112710, May 30, 2001 8. The 1987 Constitution a. The February 1986 Revolution and the proclamation of the Freedom Constitution - Proclamation No. 1 (Feb.25, 1986) - Executive Order No. 1 (Feb.28, 1986) - Proclamation No. 3 March 25, 1986 The Provisional (Freedom) Constitution CASE: - De Leon v. Esguerra, G.R. No. 78059,

C. AMENDMENT/REVISION OF THE CONSTITUTION 1. Amendment v. Revision AMENDMENT isolated or piecemeal change in the Constitution REVISION the revamp or the rewriting of the entire instrument CASE: - Lambino v. COMELEC, G.R. No. 174153, Oct. 25, 2006 2. Constituent v. Legislative Power Case: - Imbong v. COMELEC, G.R. No. L-32432, Sept. 11, 1970 3. Steps in the amendatory process: [a] Proposal (Secs. 1-3, Article XVII) - a proposed amendment may come from: [i] Congress - by a vote of of all its members - Majority - of the Senate and of the HOR; choice of method of proposal - within full discretion of the legislature CASE: - Occena v. COMELEC, G.R. No. L-52265, Jan. 28, 1980 [ii] Constitutional Convention (Sec. 3, Art. XVII) - May be called into existence by either a 2/3 vote of all the members of the Congress or - A majority vote of all the members of Congress with the question WON to call a Convention to be resolved by the people in a plebiscite THREE THEORIES ON THE POSITION OF A CONSTITUTIONAL CONVENTION VIS--VIS THE REGULAR DEPARTMENTS OF GOVERNMENT a. Theory of Conventional Sovereignty

b. Convention is inferior to the other departments c. Independent of and co-equal to the other departments [iii] People Through Initiative; limitation. (Sec. 2, Art. XVII) Requisite: - A petition of at least 12% of the total number of registered voters of which every legislative district must be represented by at least 3% of the registered voters therein Limitation: - No amendment in this manner shall be authorized within 5 years following the ratification of this Constitution nor more often than once every five years thereafter iiia] Republic Act No. 6735 AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM - Approved on August 4, 1989 INITIATIVE power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose a. Initiative on Constitution refers to a petition proposing amendments to the Constitution b. Initiative on Statutes refers to a petition proposing to enact a national legislation c. Initiative on Local Legislation Refers to a petition proposing to enact a regional, provincial, municipal or barangay law, resolution or ordinance INDIRECT INITIATIVE - Exercise of initiative by the people through a proposition sent to

Congress or the local legislative body for action iiib] Procedure Lambino v. COMELEC, supra. [b] Ratification (Sec. 4, Art. XVII) - proposed amendment shall become part of the Constitution when ratified by a majority of the votes cast in a plebiscite held not earlier than 60 nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention or after the certification by the COMELEC of the sufficiency of the petition [i] Doctrine of proper submission - plebiscite may be held on the same day as regular elections ELECTION the entire Constitution must be submitted for ratification at ONE plebiscite only - the people have to be given a proper frame of reference in arriving at their decision -submission for ratification of piece-meal amendments by the Constitutional Convention was disallowed since the people had no idea of what the rest of the revised Constitution would be CASES: - Gonzales v. COMELEC - Tolentino v. COMELEC, G.R. No. L-35140, Oct. 16, 1971 4. Judicial Review of Amendments The question is now regarded as subject to Judicial Review

II. THE PHILIPPINES AS A STATE A. THE STATE 1. Defined - a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent of external control and possessing a government to which a great body of inhabitants render habitual obedience CASE: - Collector of Internal Revenue v. Campos Rueda,No. L-13250, Oct 29, 1971 [a] Distinguished from nation State a legal or juristic concept Nation- ethnic or racial concept

[b] Distinguished from government Government instrumentality of the State through which the will of the State is implemented and realized B. ELEMENTS OF A STATE 1. People - inhabitants of the State, the number of which is capable for self-sufficiency and self-defense of both sexes for perpetuity [a] As a requisite for statehood - adequate number for self-sufficiency and defense

CASES: - Javellana v. Executive Secretary, supra

[b] Different meanings as used in the Constitution i. inhabitants ii. citizens iii. electors 2. Territory [a] National territory of the Philippines (Sec. 1, Art. I) The 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 jurisdiction consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas [b] Components of territory -fluvial -maritime -aerial [c] The Philippine Archipelago i. Treaty of Paris, December 10, 1898 - Cession of the Philippine Islands by Spain to the United States ii. Treaty between Spain and US at Washington, November 7, 1900, (Cagayan, Sulu & Sibuto) iii. Treaty between US and Great Britain, January 2, 1930 (Turtle & Mangsee Islands) [d] Other territories over which the Philippines exercises jurisdiction

i. Batanes (1935 Constitution) ii. Those contemplated in Art. 1, 1973 Constitution [belonging to the Philippines by Historic right or legal title] iii. PD 1596 [e] The Archipelago Doctrine The 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 [i] United Nations Convention on the Law of the Sea (UNCLOS) Provides: i. Contiguous Zone of 12 miles ii. Exclusive Economic Zone of 200 miles [ii] Straight Baseline Method - imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 - provided that the drawing of baselines shall not depart to any appreciable extent, from the general configuration of the archipleago 3. Government [a] Government of the Philippines defined (Sec. 2(1), Administrative Code) - agency or instrumentality through which the will of the State is formulated, expressed and realized

GOVERNMENT OF THE PHILIPPINES - the corporate governmental entity through which the functions of government are exercised throughout the Philippines including save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to autonomous or other forms of local government [b] Functions of Government i. Constituent or Governmental compulsory because constitutive of the society; exercise of sovereignty ii. Ministrant or Propriety undertaken to advance the general interest of the society; exercise of propriety functions and thus considered optional CASES: - Fontanilla v. Maliaman, G.R. No. L-55963, Dec. 1, 1989 - Philippine Virginia Tobacco Administration v. Court of Industrial Relations, G.R. No. L-32052, July 25, 1975 - Edu v. Ericta, G.R. No. L-32096, Oct. 24, 1970 [c] Doctrine of Parens Patriae - parent of the people - The government as guardian of the rights of people may initiate legal actions for and in behalf of particular individual CASES: - Government of the Philippine Islands v. Monte de Piedad, G.R. No. L-9959, Dec. 13, 1916

[d] Classification of Governments [i] De jure and De facto DE JURE - Has a rightful title but no power or control either because the same has been withdrawn from it or because it has not yet actually entered into the exercise thereof DE FACTO - Actually exercises power of control but without legal title Kinds: De facto proper government that gets possession and control of, or usurps by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter Government of paramount force established and maintained by military forces who invade and occupy a territory of the enemy in the course of war Independent government Established by the inhabitants of the country who rise in insurrection against the parent state [ii] Presidential and Parliamentary PRESIDENTIAL - There is separation of executive and legislative powers PARLIAMENTARY - There is fusion of both executive and legislative powers

[iii] Unitary and Federal UNITARY - one in which the control of national and local affairs is exercised by the central or national government FEDERAL - one in which the powers of the government are divided between two sets of organs, one for national affairs and the other for local affairs, each organ being supreme within its own sphere 4. Sovereignty [a] Defined - The Supreme and uncontrollable power inherent in a State by which the State is governed [b] Kinds 1. LEGAL the power to issue commands 2. POLITICAL the sum total of all the influences which lie behind the law 3. INTERNAL the supreme power over everything within its territory 4. EXTERNAL freedom from external control [c] Characteristics - Permanent - Exclusive - Comprehensive - Absolute - Indivisible - Inalienable - Imprescriptible [d] Effects of change in sovereignty Political laws of the former sovereign, whether compatible or not with those of the new sovereign are automatically abrogated, unless they are expressly re-enacted by the affirmative act of the new sovereign

Municipal laws must remain in force

CASES: - People v. Perfecto, 43 Phil. 887 - Vilas v. City of Manila, 229 U.S. 345 [e] Effects of a belligerent occupation - no change in sovereignty - Political laws, except those of treason are suspended - Municipal laws must remain in force unless changed by the belligerent occupant -What may be suspended is the EXERCISE OF THE RIGHTS OF SOVEREIGNTY with the control and government of the territory occupied by the enemy passes temporarily to the occupant CASES: - Peralta v. Director of Prisons, 75 Phil, 285 - Laurel v. Misa, 77 Phil. 856