Public Law – deals with the sovereign capacity of the state; deals with issues that affect the general public or state - society as a whole. Some of the
laws that its wide scope covers are:
Administrative law - laws that govern government agencies, like the Department of Education and the Equal Employment Opportunity
Commission
Constitutional laws are laws that protect citizens' rights as afforded in the Constitution
Criminal laws are laws that relate to crime
Municipal laws are ordinances, regulations and by-laws that govern a city or town
International laws are laws that oversee relations between nations
Political law - is that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the
relations of the State with the inhabitants of its territory.
Civil Law – general law that governs family and property relations of the Philippines; a legal system originating in Europe, intellectualized within the
framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the
primary source of law.
Common law – is characterized by case law developed by judges, courts, and similar tribunals, when giving decisions in individual cases that have
precedential effect on future cases. The body of past common law binds judges deciding later cases to ensure consistent treatment and so that
consistent principles applied to similar facts yield similar outcomes. In common law cases, where the parties disagree on what the law is, the court
is usually bound to follow the reasoning used in past decisions of relevant courts. If the court finds that the current dispute is fundamentally distinct
from previous cases, judges have the authority and duty to make law by creating precedent.
Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at
the heart of common law systems, but connotations of the term "common law" vary according to context, both in present-day use and historically.
Constitutional Law
a. Constitution – is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract; if a
law or contract violates any norm of the constitution is null and void and without any force and effect; a written document which
embodies the legal principles of the state and the individual rights of its citizens.
- Latin word CONSTITUO (fixed, established, settled)
b. Constitutional law – a branch of public law which deals with the constitution itself; their nature, formation, amendment, and
interpretation;
c. Constitutionalism – Political scientists use the word constitutionalism to describe the belief that a government's authority is dictated
by a specific law or group of laws — a constitution
Types of Constitution
1. Written Constitution – a type of constitution whose provisions are contained in a single document
2. Unwritten constitution – provisions are not contained in a single document but rather in different documents (uncompiled constitution)
3. Conventional or enacted – formulated by a constitutional convention that is called to draft a constitution
4. Cumulative or evolved – not drafted by a positive act of the state but it developed as a part of the history of the nation
5. Rigid or inelastic – one which cannot be easily amended unless such amendment is provided for by the constitution itself
6. Flexible or elastic – one which can be easily changed anytime
Parts of a Constitution
1. Constitution of Government – refers to those provisions which set up the governmental structure
2. Constitution of Liberty – provisions which guarantee individual fundamental liberties against governmental abuse
3. Constitution of Sovereignty – provisions which outline the process whereby the sovereign people may change the constitution
1. Broad – provides for the organization and structure of the entire government; must embody the political history of the nation, the present
realities and the future prospects
2. Brief – must limit itself to the basic principles and leave the implementation of such to the legislative department
3. Definite – in order to avoid unnecessary ambiguities which may lead to confusion brought about by different interpretation and
constructions of its provisions.
1. Executive – is the branch that the President works in, along with the Executive and Cabinet departments. It also has independent
government agencies. Their main responsibility is to enforce the laws that the Legislative branch creates. They have the power to veto bills
that they make, and can also appoint judges and pardon power in the Judicial branch.
2. Legislative – is the branch of Congress, which is made up of the House of Representatives and Senate. Their main responsibility is to
create laws. They also have the power of impeachment towards the President and can override vetoes with 2/3 the majority vote. The can
also approve of federal judges.
3. Judicial – is the branch of the Courts. It is made up of the Supreme Court, the Courts of Appeal, and District Courts. Their main
responsibility is to interpret the laws that the Legislative branch has created. They also have the power to declare presidential acts as
unconstitutional, and can declare laws as unconstitutional.
Rule of law – powers when not properly defined will be abused; this is what the Constitution is trying to achieve.
1. English / British
a. characterized by the absence of written constitution
b. no judicial power to review
c. courts does not have any say on the constitution
2. European
a. Reduced into writing but no power of judicial review
b. Constitution is not supreme
c. Parliament is supreme
3. American
a. Written + power of judicial review
b. Cannot be altered by Congress alone
c. Submitted to the people for plebiscite
Preamble – FromLatin “preambulare” which means “to walk before”; Itis an introduction to the main subject; It is the prologue of the Constitution.
AMENDMENT OR REVISION OF THE CONSTITUTION (Art. XVII) Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
NOTE: Amendments to, or revision of the Constitution is VALID only when approved by a majority of the votes cast during the plebiscite, not by the
votes of the Members of Congress.
Judicial Power - is the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the
courts of justice or the redress of wrongs for violations of such rights.
Note: Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or
administrative functions.
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc. unconstitutional. This came into light because of the abuse in power
particularly during the Martial Law when power was concentrated on one person. Lower courts may also exercise the power of judicial review,
subject to the appellate jurisdiction of the SC. Only SC decisions are precedent, and thus, only SC decisions are binding on all. As early as 1936, the
Philippine Supreme Court had unequivocally asserted its constitutional authority to engage in judicial review. This power was affirmed in the
Supreme Court decision in Angara v. Electoral Commission, 63 Phil. 139 (1936). Judicial review is one of the checks and balances in the separation of
powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. Marbury vs Madison
(landmark case)
Germany – parliament is supreme; courts can review the act of parliament; the effect is not to invalidate but only advisory and to rectify
errors
France – courts can do judicial preview; not review!
Philippines – 1987 constitution does not only grant power to the court but also duty to review
3. Political Question - Under the "political question" doctrine, the Judicial Branch cannot decide questions "in regard to which full
discretionary authority has been delegated to the legislative or executive branch of the government" (Tañada vs. Cuenco 103 Phil.1068);
Certain provisions of the Constitution may not be judicially enforceable, and the resolution of the controversy must be referred to the
political branches.
4. Advisory Opinion - opinion of a court upon a legal question submitted by a legislature, government official, or another court. A court's
nonbinding interpretation of law
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5. Mootness - is one that ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would
be of no practical value. As a rule, courts decline jurisdiction over such case, or dismiss it on ground of Mootness.
Exceptions:
There is grave violation of the constitution
Paramount public interest is involved
Situation is exceptional in character
Guidance
6. Ripeness - The question involved must be RIPE FOR ADJUDICATION, i.e. the government act must have had an adverse effect on the
person challenging it; opposite of mootness
7. No Standing - The person challenging the governmental act must have ‘STANDING’, i.e. a personal and substantial interest in the case
such that he has sustained, or will sustain, direct injury as a result of its enforcement. (Baker vs. Cari)
Doctrine of Purposeful Hesitation – If Lower courts are confronted by the constitutionality, they should defer any judgment because the
declaration of nullity is within the Supreme Court
Power of Supervision – to determine whether or not the acts in the Local Government Code are constitutional
Legal Standing – even if you are just a representative, case may still prosper if paramount public interest or transcendental importance
Political Questions
Advisory opinions
Moot and academic issues
No standing
State - an organized community living under a single political structure and government, sovereign or constituent
1. Power of Eminent Domain - Eminent domain is the right or power of a sovereign state to appropriate private property to particular uses
to promote public welfare. It is an indispensable attribute of sovereignty; a power grounded in the primary duty of government to serve
the common need and advance the general welfare.
2. Police Power – is the power of the government to regulate behaviors and enforce order within its territory, often framed in terms of
public welfare, security, health, and safety. The exercise of police power can be in the form of making laws, compelling obedience to those
laws through physical means with the aim of removing liberty, legal sanctions, or other forms of coercion and inducements.
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3. Power of Taxation – the power to impose and collect taxes and charges on individuals, goods, services, and other to support the
operation of the government.
A. Treaty of Paris
The legal milestone that marked the commencement of constitutionalism in the country was the Treaty Paris of 1898 (December 10)
which terminated the war between the United States and Spain.
With its supplemental protocol of agreement extending the period for the declaration of Spanish national and the additional treaty for the
cessation of certain small islands, because of their direct bearing on the Philippines, can be considered as part of the supreme law of the
land.
B. MCKINLEY’S INSTRUCTIONS (APRIL 7, 1900) – for the guidance of the Taft commission (2nd Philippine Commission) Schurman Commission (First
Philippine Commission)
a bill giving unprecedented powers to the executive branch in the development of colonial policy in the Philippines
The first action of the US congress asserting its right to govern the Philippines was expressed in the Spooner amendment.
A form of rider to the Army Appropriations Bill
a significant milestone in the development of U.S.–Philippine policy because it allowed the president to govern the Philippines by
authority of Congress and not by his wartime authority as commander in chief
An act to temporarily provide for the administration of civil government in the Philippine islands.
Did not establish a new form of government
Provided for the calling for a popular assembly known as Philippine Assembly
Philippine legislature = Philippine Commission + Philippine Assembly
Extended the Bill of Rights of the US Constitution
Until 1907 legislative power was vested in the Philippine commission
From 1907, legislative power was vested in a bicameral legislature (Philippine Commission + Philippine Assembly)
The Tydings-McDuffie Law authorized the calling of a constitutional convention to provide for the adoption of a constitution and a form of
government for the Philippines
Sec 1 of the said law provided for the election of delegates to a constitutional convention which shall meet at the house of representatives
The Philippine legislature (Legislative system is Bicameral) was required to appropriate the necessary funds to cover the expenses of the
convention (202 delegates)
Considered as a transition government for ten years before the granting of the Philippine independence.
Philippine Legislature was replaced by National Assembly (unicameral)
Presidential system of government
Has a preamble, 17 articles and an ordinance appended thereto
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Provides for a republican form of government, follows the principle of separation of powers, contains bill of rights
Guarantees freedom of speech, press and religion
Modelled after the constitution of the US
Has a National Assembly, Executive and independent judiciary
Three amendments (1940) – Resolution No. 38, amended by Resolution No. 73
o In 1940, National Assembly was abolished and replaced with Congress (senate and HOR)
o Term of pres and vice are decreased from 6 to 4 years
o Commission on Election was created
1947 Amendment (first congress)
o Parity rights was introduced – allow citizens of the US and business enterprises owned or control by them equal rights in the
disposition, exploitation, development and utilization of natural resources and the operation of public utilities in the country
o The Bell Trade Act of 1946, also known as the Philippine Trade Act, was an act passed by the United States Congress specifying
policy governing trade between the Philippines and the United States following independence of the Philippines from the
United States
H. 1973 Constitution
February 25, 1986, Corazon Aquino was proclaimed President of the Philippines
Batasang Pambansa was abolished and replaced with revolutionary government
Proclamation No. 1 declared that she and her vice president were taking power in the name and by the will of the Filipino people
It adopted certain provisions from the 1973 Constitution while abolishing others.
It granted the President broad powers to reorganize government and remove officials, as well as mandating the president to appoint a
commission to draft a new, more formal Constitution. This document, described above, supplanted the "Freedom Constitution" upon its
ratification in 198
J. 1987 Constitution
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Proclamation No. 9 – called for a new draft of the constitution and created the Constitutional Commission of 1986
not republican but democratic state
Its final draft was completed by the Constitutional Commission on October 12, 1986 and was ratified by a nationwide plebiscite on
February 2, 1987
Three other previous constitutions have effectively governed the country in the past:
o the 1935 Commonwealth Constitution
o the 1973 Constitution, and
o the 1986 Freedom Constitution.
The 1899 Malolos Constitution, was never fully implemented throughout the Philippines
The Constitutional Commission was composed of fifty members appointed by Aquino from varied backgrounds including several former
members of the House of Representatives, former justices of the Supreme Court, a Roman Catholic bishop, and political activists against
the Marcos regime.
The Commission elected Cecilia Muñoz-Palma, a former Associate Justice of the Supreme Court, as its president.
Several issues were of particular contention during the Commission's sessions, including the form of government to adopt, the abolition
of the death penalty, the retention of the U.S. bases in Clark and Subic, and the integration of economic policies into the constitution.
The Commission finished the final draft on October 12, 1986 and presented it to Aquino on October 15. The constitution was ratified by a
nationwide plebiscite on February 2, 1987.
Cases:
Labugal Case (Enumerate)
Drilon vs Lim
Arroyo vs David
Baker vs Cari
Magalona vs. Executive Secretary
Marbury vs Madison
Francisco vs House of Representatives
Ashwander rules
The Ashwander rules, articulated by Justice Louis D. Brandeis, are a set of principles used by the United States Supreme Court for avoiding
constitutional rulings.
Justice Louis D. Brandeis, concurring in Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936), summarized some prudential rules for
exercising judicial self-restraint and avoiding ruling on the constitutionality of congressional legislation:
The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing
upon a large part of all the constitutional questions pressed upon it for decision. They are:
1. The Court will not pass upon the constitutionality of legislation in a friendly, non-adversary, proceeding, declining because to decide such
questions "is legitimate only in the last resort, earnest and vital controversy between individuals. It never was the thought that, by means
of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act."[1]
2. The Court will not "anticipate a question of constitutional law in advance of the necessity of deciding it." [2] "It is not the habit of the Court
to decide questions of a constitutional nature unless absolutely necessary to a decision of the case." [3]
3. The Court will not "formulate a rule of constitutional law broader than is required by the Precise facts to which it is to be applied." [2]
4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other
ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of
two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide
only the latter. Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are
frequently dismissed because the judgment can be sustained on an independent state ground.
5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation. Among
the many applications of this rule, none is more striking than the denial of the right to challenge to one who lacks a personal or property
right. (While not mentioned in Ashwander, there are exceptions in the case of a First Amendment challenge where the party may raise the
effect of a law on other person's First Amendment rights, the so called "chilling effect" doctrine.)
6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.
7. "When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal
principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided."
[4]
Kinds of Constitution
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Form
Pros
- It has the advantage of clearness and definiteness
- Since the written constitution is a binding document, the rights of the citizen is more secured
Cons
- lies in the difficulty of its amendment. This prevents the immediate introduction of needed reforms and may thereby retard the healthy
growth and progress of the State
BRIEF: because if a constitution is too detailed, it would lose the advantage of a fundamental law. It would never be understood by the
public.
BROAD: because a statement of the powers and functions of government, and of the relations between the governing body and the
governed, requires that it be as comprehensive as possible.
DEFINITE: because otherwise the application of its provision to concrete situations may prove unduly difficult if not impossible.
b. Unwritten constitution – one which is entirely a product of political evolution, consisting largely of a mass of customs, usages, and judicial
decisions
a. Cumulative - one which is a product of a long period of development originating in customs, traditions, judicial decisions etc., rather than
from deliberate and formal enactment. (E.g. English Constitution)
b. Conventional - one which is enacted by a constituent assembly or granted by a monarch to his subjects (e.g. Constitution of Japan)
Manner
a. Rigid- one regarded as a document of special sanctity, which cannot be amended or altered except by some special machinery other than
ordinary legislative process
b. Flexible - one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.
The 1987 Philippine Constitution is thus a conventional/enacted, written, and rigid/inelastic constitution.
Terms
Sources:
http://www.slideshare.net/princekurt11/philippine-constitution-15452864