Constitutional Law 1 [ERNESTINE EUSEBIO]

I. GENERAL PRINCIPLES
A. POLITICAL LAW
- Branch of public law which deals with the
organization and operations of the governmental
organs of the State and defines the relation of the
State with the inhabitants of the territory.

*PEOPLE v PERFECTO, 43 Phil 887, 1992

FACTS:
About August 20, 1920, the Secretary of the
Philippine Senate, Fernando M. Guerrero, discovered
that certain documents which constituted the records
of testimony given by witnesses in the investigation of
oil companies; had disappeared from his office.
Shortly thereafter, the Philippine Senate, having been
called into special session by the Governor-General,
the Secretary of the Senate informed that body of the
loss of the documents and of the steps taken by him
to discover the guilty party.

Gregorio Perfecto in La Nacion published an
article containing issues about the credibility of the
Senate and was charged libel by the House of Senate
for publishing an article that contains defamatory
words against them.

ISSUE:
Whether or not the article 256 of the Spanish
Penal Code, punishing "Any person who, by * * *
writing, shall defame, abuse, or insult any Minister of
the Crown or other person in authority * * *," is still
in force.

HELD:
On the municipal trial court and court of first
issuance, Gregorio Perfecto was found guilty of libel
based on the Art. 256 of the Spanish Penal code.
Perfecto then raised the suit to the Supreme Court.
After the process of questioning about the article 256
of the Spanish Penal Code was still in force or not; the
Supreme Court decided that the said article was no
longer enforced. It was deemed that because the
Philippines already was under the American regime,
and the Spanish government was not the rulers of the
country, the past laws produced by the latter were
already not valid. It is a general principle of the public
law that on acquisition of territory, the previous
political relations of the region are totally abrogated.
In this sense, the said article was no longer effective,
so the Supreme Court decide that Perfecto be
acquitted.

*MACARIOLA v ASUNCION

FACTS:
Bernardita R. Macariola charged Judge Elias
B. Asuncion with acts unbecoming a judge on August
6, 1986.

ISSUE:
(1) Whether Judge Asuncion violated the
Article 1491, par. 5, of the New Civil
Code when he purchased a lot that was
involved in Civil Case No. 3010 decide by
him.
(2) Whether he violated Article 14, par 1
and 5 of Code of Commerce, Sec 3, par H
of RA 3019; Act. Sec 12, Rule 18 of the
Civil Service Rules, and Canon 25 of
Judicial Ethics; by associating himself
with TRADERS Manufacturing and
Fishing Industries Inc., as a stockholder
and as a ranking officer while he is a
judge
(3) That the respondent acted in disregard
of judicial decorum
(4) Culpable defiance of the law
HELD:
For the first cause of action, Judge Asuncion must be
warned while for the second cause of action, Asuncion
must also be warned because he is prohibited under the
law to engage in business. On third and fourth, the Judge
was forgiven.
Macariola pays the judge for damages.
B. CONSTITUTIONAL LAW
- Designates the law embodied in the constitution
and the legal principles growing out of the
interpretation and application of its provisions by
the courts in specific cases.
- The study of the maintenance of the proper
balance between the authority and liberty.
- Effect an equilibrium between authority and liberty
so that the rights are exercised within the
framework of the law and the laws are enacted
with due difference to rights.
Constitutional Law 1 [ERNESTINE EUSEBIO]

- A study of the structure and powers of the
Government of the Republic of the Philippines;
and deals with certain basic concepts of Political
Law: nature of State, supremacy of the
Constitution, separation of powers, and rule of the
majority.

*AUTHORITY represented by the three inherent
powers of the State

Three Inherent Powers of the State
I. POLICE POWER
- Promote the general welfare of the people
- Regulates the liberty and property, public health,
morals, public safety, and general welfare.

2 Tests to Determine the Validity Of Police Power
1. The interest of the public generally as
distinguished from those of a particular class
requires the exercise of police power.
2. The means employed must be reasonably
necessary for the attainment of the purpose and
not unduly oppressive upon an individual.

II. Power of Eminent Domain
- Taking of private property for public use
- Compensation: just compensation or the
equivalent value of the property taken.

Factors in determining the Value of the Land
Expropriated
a. Size c. Location(commands the price)
b. Shape d. Beneficial use

Note:
Eminent Domain can be exercised by the government and
public service companies.
Public Service Companies
a. Telecommunication Companies
b. Manila Water
c. Meralco

*Compensation can also be service, not always money.

III. Power of Taxation
- To collect taxes
- To raise revenues for public purpose
- Only the government can exercise the imposition
of taxes.

C. Scope of the Study
Political Law embraces Constitutional Law 1 and 2,
Administrative Law, the Law of Public Officers, Election
Law, and the Law on Municipal Corporations.

D. Necessity for the Study
Sovereignty resides in the people and all government
authority emanates from them.
The active participation of the Filipinos in public affairs will
lead to the success of the Republic of the Philippines.

II. THE PHILIPPINE CONSTITUTION
A. Constitution
- According to Cooley, it is that body of rules and
maxim in accordance with which the powers of
sovereignty are habitually exercised.
- The fundamental or supreme law of the land
*All laws must conform with it.
- According to Justice Malcolm, it is 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.

1.1 Purpose
-To prescribe the permanent framework system of
government, to assign to several departments their
respective powers and duties, and to establish certain
first fixed principles on which government is founded.

1.2 Classification
As to FORM
1. Written there is a document
2. Unwritten product of evolution; no document;
based from customs and traditions; scattered in
various sources such as statutes of a fundamental
character, judicial decisions, commentaries of
publicists, and certain common principles.

As to ORIGIN and HISTORY
1. Conventional/Enacted made by constituent
assembly; formally made at a definite time and
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place following a conscious or deliberate effort
taken by a constituent body o ruler.
2. Cumulative/Evolved - long process; result of
political evolution, not inaugurated by specific time.

As to manner of AMENDING
1. Rigid requires tedious process
2. Flexible can change from time to time
Note: The Philippine Constitution is written, conventional,
and rigid.

Characteristic of a Good Written Constitution
1. Brief not too long or too short but well explained
2. Broad- comprehensive as possible and covers all the
aspects needed in the promulgation of a certain law
3. Definite exact or concrete, can easily be
understood; no ambiguity or vagueness.

Essential Parts of the Written Constitution
1. Constitution of Liberty consists of series of
prescriptions setting forth the fundamental civil and political
rights of the citizens and imposing limitations on the powers
of government as a means of securing the enjoyment of
those rights.
Article II: Declaration of Principles and State Policies
Article IV: Citizenship
Article V: Suffrage
Article XII: National Economy and Patrimony

2. Constitution of Government consists of series of
provisions outlining the organization of the government,
enumerating its powers, laying down certain rules relative to
its administration and defining the electorate.
Article VI: The Legislative Department
Article XI: Accountability of Public Officers

3. Constitution of Sovereignty consists of provisions
pointing out the mode or procedure in accordance with
which formal changes in the fundamental law may be
brought about.
Article XVII: Amendments or Revisions

B. AMENDMENT or REVISION
1. Amendment isolated or piecemeal change only

*LAMBINO v COMELEC

FACTS:
Raul Lambino and Enrico Aumentado, leaders of the
Lambino group, together with the other members gathered
signature for an initiative petition to change the 1987
Constitution from bicameral to unicameral.
They, together with the COMELEC, filed a petition on
August 25, 2006 to hold a plebiscite that will ratify their
petition under Section 5 (b) and (c) and Section 7 of RA
6735.
The group allegedly claimed that they have gathered 6,
327, 952 voters, and COMELEC election registrars had
verified the signature.

ISSUE:
(1) Whether or not the Lambino Group can propose
amendment through peoples initiative.
(2) Whether the Court should revisit its ruling in Santiago
declaring RA 6735 to implement the initiative clause
on proposals to amend the Constitution
(3) Whether the COMELEC committed grave abuse of
description in denying due course to the Lambino
Groups description.

RULING:
The petition is dismissed. The group failed to comply with
the basic requirements of the Constitution for conducting
peoples initiative. There is no need to revisit the Santiago
case.

2. Revision - revamp or rewriting of the whole document
(Insert Santiago case here)

C. PROCEDURE
1. Proposal made either directly by the Congress or by
a constitutional convention.
- If the proposal is for amendment only, it is
better made by direct legislative actions where the
votes of at least 3/4s of all members of the
Congress are needed.
- If the proposal is for the complete
revamping, it is better to call a constituent
convention.

*IMBONG v COMELEC
FACTS:
Manuel Imbong, running as a candidate for a delegate
to the Constitutional Convention says that the
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constitutionality of R.A. No. 6132 prejudices his rights
as such candidate.

ISSUE:
The constitutionality of part 1 of Sec 8 of RA 6132

The said RA consists of prohibitions set for aspiring
candidates.

RULING:
The said Republic Act cannot be declared as
unconstitutional because it was created by the law
making body-Legislative Body. And as the legislative
department, they have the right to make laws as
stated in the Constitution.

(Santiago v COMELEC, pirma,)

*OCCENA v COMELEC
FACTS:
Samuel Occena and Ramon Gonzales-former
delegates to the 1971 Constitutional Convention
assert that the 1973 Constitution is not the
fundamental law. They also questioned the validity of
3 Batasang Pambansa Resolutions proposing
constitutional amendments stating that IBP has no
such power to do so.

ISSUE:
The 1973 Constitution being the fundamental law
Whether or not the IBP has the power to propose
constitutional amendment

HELD:
(1) The 1973 Constitution is the fundamental law.
Simple as that.
(2) The power of the IBP is certain, meaning it has
the power to propose amendment as stated in
the 1976 Amendments that IBP has the same
capacity to Interim National Assembly. The 1973
Constitution in its Transitory Provisions vested
the INA the power to propose amendments.
(3) Amendments are extensive
(4) The IBP has the capacity to propose amendments
and only majority of votes is required.

2. Ratification

*TOLENTINO v COMELEC

FACTS: The President of the Convention issued an
order forming and Ad Hoc Committee to implement
the Resolutions issuing guidelines. The order was then
forwarded to the COMELEC.

ISSUE: Organic Resolution No.1 including other
implementing resolutions thereof subsequently
approved by the Convention has no force and effect.

RULING: The duty of the Constitutional Convention is
not to pass laws but to propose amendments. Organic
Resolution No. 1 and the Constitutional Convention of
1971 and the implementing acts and resolutions of
the Convention are null and void.

(Occena vs Comelec, see amendments)

*GONZALES v COMELEC

FACTS: Petitioner declaring RA Act NO 4193 that will
hold the plebiscite for the ratification of the
Constitution as proposed by the Joint Resolution 1 and 3
(1) RBH No. 1 proposing that Section 5, Article VI of
the Constitution of the Phil., be amended.
Increasing the membership of the House of
Representative from 120 to 180.
(2) RBH No. 3 Section 16, Article VI, be amended so as
to authorize Senators and members of the House
of Representatives to become delegates to the
aforementioned constitutional convention, without
forfeiting their respective seats in Congress.
(3) Also, the Congress passed a bill that the
amendments be included in the general election.

ISSUE:
Whether or not a Resolution of Congress acting a
constituent assembly- violates the Constitution essential
essentially justifiable, not political, and hence subject to
judicial review.

NOTE: Judicial department is the only constitutional
organ which can be called upon to determine the
proper allocation of powers between several
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departments and among the integral or constituent
units thereof.

NOTE: The power to amend the Constitution or to
propose amendments therto is not included in the
general grant of legislative powers to Congress.
Congress may propose amendments to the
Constitution merely because the same explicitly
grants such power.

FACTS:
RBH Nos 1 and 3 have been approve by a vote of 3/4s
but it is urged that said resolutions are null and void
declared by the Supreme Court because:
(1) The members of the congress which approved the
proposed amendments are de facto Congressmen.
(2) Congress may not avail both (propose amendments
or call a convention therefor-but may mot avail of
both) at the same time
(3) The election for the proposals for amendment to the
Constitution for ratification must be a special election
not a general election
(4) Do not give people a fair grasp of nature and
implications of said amendment

D. JUDICIAL REVIEW of AMENDMENTS
The judiciary may declare a proposal invalid.

*SANIDAD v COMELEC

FACTS:
Pablo Sanidad and Pablito Sanida, father and son,
contend that under the 1935 and 1972 Constitutions that
there is no grant to the incumbent president to exercise
constituent power to propose amendments to the New
Constitution.
According to the Solicitor General stated that the
petitioners has no right to sue. The issue raised is political
not judicial. At the current state of the transition period,
only the incumbent President has the authority to exercise
constituent power.
ISSUE:
(1) Constitutionality of the Presidential Decrees No. 991,
1031 and 1033 political or justiciable?
(2) Does the president have the power to amend during
the transition period?
(3) Is the submission to the people of the proposed
amendments within the time frame allowed therefor
a sufficient and proper submission?

HELD:
Upon the first issue, majority voted the Pres. Decrees
justiciable.
Second issue, the president has the power to amend
the Constitution.
Third issue, there is a sufficient and proper
submission of the proposed amendments for ratification
by the people.

E. CONSTITUTIONAL HISTORY
During the past, the Philippines originally consisted of
disparate tribes scattered in the island and governed
by a datu or council of elders.
Magellan discovered the Philippines in 1521 brought
the rule of Spain. The rule lasted for more than 300
years.
The Philippine Revolution ended Spanish sovereignty
in the Philippines through Bonifacio, Rizal, and
Aguinaldo.
The First Phil. Republic was established with
Aguinaldo as the president.
The Malolos Constitution, under which the new
government was the first democratic constitution
ever made in the whole Asia. But it was short lived
because the US conquered the Philippines.
American organized a military government but then
issued a civilian rule.

F. 1935, 1973, freedom, and 1987
*SATURNINO V. BERMUDEZ
Saturnino filed a petition in the Supreme Court because
according to him the Section 5 of Article 18 of the proposed
1986 Constitution was not clear.
The said section contains the term of the incumbent president
and vice president.
Saturnino then stated that the provisions is not clear as to
whom it refers, whether President Aquino or Marcos.
The petition was dismissed due to lack of jurisdiction and no
cause of action.
Constitutional Law 1 [ERNESTINE EUSEBIO]

It was cleared that the legitimacy of the Aquino government is
not a justifiable matter, because it belongs to the reality of
politics where the Filipino people are the judge.
*LAWYERS LEAGUE FOR A BETTER PHILIPPINES v AQUINO

The petition was about the legitimacy of the Aquino
government where the petitioners claiming that the Aquino
government was illegal because it was not established
pursuant to the 1973 Constitution.

The petitions have been dismissed because:
(1) You cannot sue a president while he/she is in his term

*DE LEON v ESGUERRA
FACTS:
The petitioners filed a complaint because they were
being replaced in their positions. The Governor appointed
persons who will replace them while their term has not yet
ended.

ISSUE:
Whether or not the designation of respondents to replace
petitioners was validly made during the one year period which
ended on Feb. 25, 1987.

HELD:
Petitioners pray that the Memoranda issued by the
Government shall be declared null and void. According to
Section 3 of the Barangay Election Act of 1982, their terms of
office shall be six years. Because the 1987 constitution was
ratified, the Government no longer has the authority to
replace them and designate successors.
The respondent rely on Section 2, Article III of the
Provisional Constitution stating that all elective appointive
officials and employees under the 1973 constitution will
continue within a period of one year from February 25, 2986.
The section 2 was overtaken by Section 27, Article 18 of
the 1987 Constitution stating that the Constitution shall take
effect immediately upon its ratification so the government
could no longer rely on the Section of the provisional
Constitution.

Political questions have been defined as Questions of
which the courts of justice will refuse to take cognizance, or
to decide, on account of their purely political character, or
because their determination would involve an
encroachment upon the executive or legislative
powers; e.g., what sort of government exists in a state.
Blacks Law Dictionary,