CHAPTER I INTRODUCTION CONSTITUTIONAL LAW study of the maintenance of the proper balance between authority (represented by 3 inherent powers

of the State) and liberty

CHAPTER II NATURE OF THE CONSTITUTION CONSTITUTION - Body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised (Cooley) - the written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Justice Malcom) - It is not the origin of private rights nor fountain of law but the consequence of personal and political freedom PURPOSE 1. to prescribe the permanent framework of a system government 2. to assign to the several departments their respective powers and duties 3. to establish certain first fixed principles on which government is founded 4. to recognize and protect rights (not bring them into existence) SUPREMACY OF THE CONSTITUTION Basic and paramount law to which all other laws must conform and to which all persons must defer Right or wrong, it must be upheld as long as it has not been changed by the sovereign people

ROLE: to effect an equilibrium between authority and liberty so that rights are exercised within the framework of law and the laws are enacted with due reference to rights

FUNDAMENTAL POWERS OF THE STATE (PET): 1. Police Power 2. Power of Eminent Domain 3. Power of Taxation Among the safeguards in the Bill of Rights are: right to due process and equal protection, prohibition against unreasonable searches and seizures, freedom of expression, the impairment clause, guarantees against injustice to the accused COMMON OBJECTIVE: co-existence; a well-ordered society based on the inviobility of rights and regulated for the common good

CLASSIFICATION 1. Written precepts are embodied in one document or set of documents 2. Unwritten rules which have not been integrated into a single concrete form but are scattered in various sources (statutes, judicial decisions, customs and traditions etc.) 3. Conventional enacted constitution, formally struck-off at a definite time and place

following a conscious effort taken by a constituent body 4. Cumulative result of political evolution, changing by accretion rather than by systematic method 5. Rigid can be amended only by a formal and usually difficult process 6. Flexible changed by ordinary legislature Philippine Constitution written, conventional and rigid

2. Constitution of Government consists of series of provisions - Outlines the organization of government - Enumerates its powers - Lays down certain rules relative to its administration and defines the electorate - Found in: Legislative Department, Accountability of Public Officers 3. Constitution of Sovereignty provisions pointing out the mode or procedure in accordance with which formal changes in the fundamental law may be brought about - Found in: Amendments or Revisions PERMANENCE OF THE CONSTITUTION Advantages: Capacity to resist whimsical change dictated not by legitimate needs but by temporary or occasional infatuations Not easily tampered with to suit political expediency

ESSENTIAL QUALITIES OF THE WRITTEN CONSTITUTION 1. Broad - Provides for the organization of the entire government and covers all persons and things within territory of the State - Embodies the past, to reflect the present and to anticipate the future 2. Brief - Must confine itself to basic principles to be implemented with legislative details , more adjustable to change and amendments - To adapt readily to changing conditions 3. Definite - To avoid ambiguity in its provisions - EXCEPTION: cases where rules are deliberately vague (ex. due process clause), to make them more malleable to judicial interpretation in light of new conditions and circumstances ESSENTIAL PARTS OF THE WRITTEN CONSTITUTION 1. Constitution of Liberty consists of series of prescriptions - sets forth the fundamental civil and political rights of the citizens - imposes limitations on the powers of government as a means of securing the enjoyment of those rights - Found in: Bill of Rights, State Policies, Citizenship, Suffrage and National Patrimony and Economy

Disadvantages: Unable to adjust to the need for change justified by new conditions and circumstances Delay in effecting the needed change and cause irreparable injury to public interest Susceptibility of people to resort to violation of provisions of the permanent constitution

INTERPRETATION Read in accordance with the usual rules on interpretation and construction Interpreted in such a way as to give effect to the intendment of the framers Intention is discoverable through intrinsic or extrinsic aids (e.g. records of the constitutional convention) Constitution must change with the changing times

GENERAL RULE: Constitution should be considered self-executory, mandatory and prospective Self-Executing Provisions directly or indirectly applicable without need of statutory implementation Ex. Bill of Rights may be invoked by proper parties independently Non- Self-Executing Provisions one that remains dormant unless it is activated by legislative implementation - Implementation may be imposed as a duty upon the legislature by mandatory language Mandatory - To bestow the fundamental law force and prestige rather than a set of directories which the government and people are free to disregard Prospective - To protect rights already acquired or vested AMENDMENT OR REVISION Change in the constitution may be effected by mere modification in its interpretation by courts of justice Iron Rules not malleable to judicial interpretation; cannot be altered except by formal amendment e.g. Provisions for age qualification for certain officers; term of office; composition for COA Modification of such provisions may be effected by amendment or revision

all the members of Congress shall be needed; avoids unnecessary expenditure and time If overhaul of entire Constitution, task of constitutional convention; call for the latter may be made by 2/3 of members of the Congress In case of doubt, decision to call for a constitutional convention shall be thrown to their constituents Proposal by Initiative as provided by the constitution; lack of necessary implementing law hence was struck down

2. Ratification - Any amendment or revision shall be valid when ratified by a majority of votes cast in a plebiscite held not earlier than 60 days nor later than 90 days of such change by Congress or Constitutional convention - Involves people themselves in the sovereign act of drafting or altering - Must be ratified within a reasonable time after they are made, to answer present needs and to serve its purpose

POSITION OF CONSTITUTIONAL CONVENTION First. Theory of Conventional Sovereignty Constitutional convention is supreme over other departments because the powers exercised are in the nature of sovereign powers Second. Constitutional convention is considered inferior to other departments since it is merely a creation of legislature Third. Constitutional convention must be considered independent and co-equal with other departments of the government; most widely accepted in jurisdiction JUDICIAL REVIEW OF AMENDMENTS Allows the courts to inquire whether the prescribed procedure for amendment has been observed Judiciary may declare invalid a proposal where prescribed procedures were not followed

Amendment - isolated or piecemeal change Revisions revamp or rewriting of the whole instrument PROCEDURE 1. Proposal - Directly by Congress or by a Constitutional convention - If mere amendment, proposal is better made by directly legislative action; vote of at least of

1987 CONSTITUTION The 1987 Constitution is the fourth fundamental law to govern the Philippines since it became independent on July 4, 1846 Aimed at correcting the short comings of the previous constitutions and specifically eliminating all the iniquitous vestiges of the past regime. 1935 CONSTITUTION First fundamental law of the land operative during the American period 1973 CONSTITUTION Second constitution of the Philippines which was enforced during the Marcos regime under martial law 1986 FREEDOM CONSTITUTION - Result of the People Power revolution under President Corazon Aquino Proclamation No. 9 - Created a Constitutional Commission - 50 members appointed by Pres Cory to frame a charter not later than September 2, 1986 (they did not meet deadline) - ConCom was led by Justice Cecilia Munoz Palma - ConCom members are from various sectors and represented diverse persuasions. - October 15, 1986 approval of the final draft of the constitution - Plebiscite scheduled within 3 months to give the people more opportunity to study the constitution - Ratification campaign led by Pres Cory herself - Despite of doubts about some of its provisions and especially of its length, people approved the proposed Constitution as they felt it would provide stability the country sorely needed at the time.

CHAPTER III THE CONSTITUTION AND THE COURTS VOTING EN BANC CASES All cases involving the constitutionality of: - Treaty - International or Executive Agreement - Law All other cases which under the Rules of Court are required to be heard en banc: constitutionality, application, or operation of: - Presidential decrees - Proclamations - Orders - Instructions - Ordinances - Other regulations Shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. REQUISITES OF A JUDICIAL INQUIRY 1. There must be an actual case or controversy 2. Question of constitutionality must be raised by the proper party 3. Question of constitutionality must be raised at earliest opportunity 4. Decision of constitutional question of must be necessary to the determination of the case itself Actual Case - Involves a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial resolution - Appropriate for judicial determination - Must NOT be an opinion, moot, academic, hypothetical or based on extra-legal or other similar considerations - Must be real and substantive, admitting specific relief through a decree

When purpose is to solicit from the court a declaratory judgment involving interpretation of rights and duties Counselling by courts is contrary to separation of powers since advice will not have the force of law but mere suggestion that may be accepted or rejected Proper Party - One who has sustained or is in immediate danger of sustaining injury as a result of the act complained of - Actual or potential injury must be established Earliest Opportunity - Issue must be raised in the pleadings Exceptions: - In criminal cases, constitutional question can be raised at anytime in the discretion of the court - In civil cases, constitutional question can be raised at any stage if it is necessary to the determination of the case itself - In every case, except where there is estoppel, constitutional question can be raised at any stage if it involves the jurisdiction of the court Necessity of Deciding Constitutional Question - Courts tend to avoid the decision of constitutional question with respect to the doctrine of separation of powers (theory: legal maxim to doubt is to sustain- joint act between the legislative and executive meaning law must have been carefully studied and determined constitutional) - If there are other available grounds for the courts decision then constitutional challenge of the law will not be touched - Even if a constitutional question has been raised there are instances when the Supreme Court will not find it necessary to resolve

EFFECTS OF A DECLARATION OF UNCONSTITUTIONALITY Orthodox View - an unconstitutional act is not a law, it imposes no duties, it affords no protection, it creates no office, it is in legal contemplation, inoperative, as if it had not been passed... (Norton vs. Shelby) - Creates no office, affords no protection - Total nullity; Considered never to have existed at all Modern View - Does not annul or repeal statue - Decision affects parties only, persons outside or excluded from suit are not bound by judgment - No judgment against the statue Partial Unconstitutionality - Courts hesitation to declare total unconstitutionality with respect to separation of powers, will savage the valid portions giving effect to legislative will - Salvages the valid portions of statute Two Conditions: 1. Legislature is willing to retain valid portion; usually through separability clause 2. Valid portions can stand independently

CHAPTER IV FUNDAMENTAL POWERS OF THE STATE LIMITATIONS FUNDAMENTAL POWERS OF THE STATE (PET): 1. Police Power regulate liberty and property for the promotion of the general welfare 2. Power of Eminent Domain enables State to forcibly acquire private property, upon payment of just compensation, for some intended public use 3. Power of Taxation State is able to demand from the member of society their proportionate share or contribution in the maintenance of the government SIMILARITIES 1. Inherent in the State may be exercised by it without need of express constitutional grant 2. Indispensable State cannot continue unless powers are exercised 3. Methods by which the State interferes with private rights 4. Presuppose an equivalent compensation for the private rights interfered with 5. Exercised primarily by legislature DIFFERENCES EMINENT DOMAIN Only property rights May be exercised by private entities Intended for public use Full and fair equivalent of property expropriated POLICE POWER Regulates both liberty and property Government Property of noxious purposes are destroyed Intangible feeling of contributing to general welfare Subject at all times to the limitations and requirements of the Constitution (ex. Bill of Rights) May be annulled by courts of justice

TAXATION Only property rights

Government

Intended for public use

Protection and public improvements