CONSTITUTIONAL LAW 1 REVIEWER FOR FINALS

By: Leoni Francis Lagrama

THE CONCEPT OF A STATE

THE DOCTRINE OF POSTLIMINIUM

If a belligerent occupation of territory has ended, as by defeat or expulsion of the

enemy or relinquishment of the territory by voluntary departure of the occupant, and
the absent sovereign returns, the territory, its inhabitants and property come under
the control of the original and now restored sovereign, and the legal state of things is
conceived for many purposes to have been continuously in existence.

EFFECT OF POSTLIMINY AS TO THE SOVEREIGNTY

- Only the exercise of sovereignty, not the sovereignty itself is suspended during
belligerent occupancy. ( Laurel vs Misa )

EFFECT OF POSTLIMINY AS TO CITIZENSHIP

- The children of the natives, born during such temporary occupation by conquest,
are, upon a reconquest or reoccupation by the original sovereign, deemed, by a
sort of postliminy, to be subjects from their birth although they were then under
the actual sovereignty and allegiance of an enemy.

EFFECT AS TO CRIMES COMMITTED DURING OCCUPATION

- Only crimes that are those of political complexion will be extinguished after the
restoration of the original sovereign. ( Alcantara vs Director of Prisons )

EFFECT AS TO THE JURISDICTION OF COURTS

- The judicial acts done by the belligerent occupants under his control, when they
are not of political complexion, administrative acts so done, to the extent that they
take effect during the continuance of his control, and the various acts done during
the same time by private persons under the sanction of municipal law, remain
good. ( Co Kim Can vs Dizon )

THE DOCTRINE OF PARENS PATRIAE

A doctrine which means guardians of the rights of the people. It is a concept of standing
utilized to protect quasi-sovereign interests, such as ‘health, comfort, and welfare’ of the
people,” when such interests are threatened and state government intervention may be
needed.
 - The state, as parens patriae, has the right to enforce all charities of public nature,
by virtue of its general superintending authority over the public interests, where
no other person is entrusted with it. ( Government of the Philippine Islands vs
Monte de Piedad )

THE DOCTRINE OF STATE IMMUNITY

Generally speaking it is the doctrine that the sovereign or state cannot commit a legal
wrong and is immune from civil suit or criminal prosecution. In short, the state cannot be
sued without its consent.

EXCEPTIONS TO THE DOCTRINE

a. when the state enters into a contract;

b. when the state consents to its suability;

c. when the state initiates the filling of a suit.

- Government funds are not subject to levy and execution ( Yujuico vs Atienza,
supra )

- Mandamus is the proper remedy in order to compel the state payment of

obligations. ( Yujuico vs Atienza )

- If after five years the state fails to pay its obligations on an expropriated property,
then the owners have the right to recover it. ( Republic vs Lim )

FUNDAMENTAL PRINCIPLES AND STATE POLICIES

The Incorporation Clause

Article II, Section 2. The Philippines renounces war as an instrument of national policy, adopts
the generally accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all
nations.

THE DOCTRINE OF INCORPORATION

Legal principle that, in general, the provisions of international law are enforceable in
a jurisdiction so far as they are consistent with the provisions of its domestic law.

- International Laws are given equal standing with national legislations. ( Lim vs
Executive Secretary )
 THE DOCTRINE OF TRANSFORMATION

Legal principle that the provisions of international law are enforceable in a jurisdictions if
they are adopted through customary use, court decisions (precedence), or legislation.

- Although the president may enter into Executive Agreements without previous
legislative authority, he cannot however, by executive agreements, enter into a
transaction prohibited by statutes enacted prior thereto. ( Gonzales vs Hechanova
)

- Municipal Laws enacted in pursuance to the state’s police power must be upheld
over treaties. ( Ichong vs Hernandez )

- Treaties are always subject to qualification and amendments by a subsequent law

( Ichong vs Hernandez )

- The constitution authorizes the nullification of a treaty not only when it conflicts
with the law but when it runs counter to an act of congress. ( Gonzales vs
Hechanova )

The Civilian Supremacy Clause

Article II, Section 3. Civilian authority is, at all times, supreme over the military. The
Armed Forces of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.

- Calling out of the armed forces to assist civilian police officers in the patrol over
the metropolis in suppression of crimes is not a derogation of the civilian
supremacy over the military. ( Integrated Bar vs Zamora )

- Court Martials are instrumentalities of the Executive Department to enable the

president as commander-in-chief, to effectively control, and discipline the armed
forces. In short, it forms part of the system that ensures the president’s control,
and thus, civilian supremacy over the military. ( Gonzales vs General Abaya )

- Mere declaration of a state of rebellion does not suspend the habeas corpus and
do not violate constitutionally guaranteed rights ( SANLAKAS vs Executive
Secretary )

- When the president prohibits as commander-in-chief, it is within her constitutional

powers to ensure civilian supremacy over the military. Thus, whent the military is
torn between obeying the president or the senate, he should render obedience to
the president.( Gudani vs Senga )

The Separation of Church and State

Article II, Section 6. The separation of Church and State shall be inviolable.
 - Only an imminent danger to public safety or welfare can suppress religious
freedom. ( Islamic Da’wa Council vs Executive Secretary )

DOCTRINE OF BENEVOLENT NEUTRALITY ACCOMMODATION

Under the benevolent-neutrality theory, the principle is that freedom to carry out one’s
duties to a Supreme Being is an inalienable right, not one dependent on the grace of
legislature. Religious freedom is seen as a substantive right and not merely a privilege
against discriminatory legislation. With religion looked upon with benevolence and not
hostility, benevolent neutrality allows accommodation of religion under certain
circumstances.

- Moral Belief is upheld over Secular Belief if such do not run counter to the state’s
interest. ( Estrada vs Escritor )

Healthful and Balanced Ecology

Article 2, Section 16. The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with the rhythm and harmony of nature

- Right to a healthful and balanced ecology is a legally demandable right. ( Oposa

vs Factoran )

- Right to equitable access and use of the different segments of the population to
the development and use of the country’s natural resources is an inter-
generational right. ( Province of Rizal vs Executive Secretary )

THE DOCTRINE OF SEPARATION OF POWERS

The doctrine of the separation of powers divides the institutions of government into three
branches: legislative, executive and judicial: the legislature makes the laws; the executive
put the laws into operation; and the judiciary interprets the laws. The powers and functions
of each are separate and carried out by separate personnel. No single agency is able to
exercise complete authority, each being interdependent on the other. The doctrine can be
extended to enable the three branches to act as checks and balances on each other. Each
branch’s independence helps keep the others from exceeding their power, thus ensuring
the rule of law and protecting individual rights.

- The courts cannot interfere with the legislature in its rights to conduct
investigation in aid of legislation. ( Senate Blue Ribbon vs Majaducon )

- The power to create political subdivisions is a function of the legislature. ( Camid

vs Office of the President )
 - Power of inquiry, with process of enforcement is an essential and appropriate
auxiliary to legislative function. ( Senate vs Ermita )

- If an information possessed by executive officials on the operation of their offices

is necessary for wise legislation,congress has the right to that information and
the power to compel its disclosure. The only way to exempt themselves is through
a valid claim of executive privilege. ( Senate vs Ermita )

- Appearances of department heads in hearings in aid of legislation is mandatory,

while appearance in the question hour is necessary. ( Senate vs Ermita )

- Congress has to provide advance information to the resource speaker on what

questions to be asked in order for the person to have ample time to consult the
president whether answers to such questions are previliged. ( Neri vs Senate )

- Failure of the president or executive secretary to take cognizance of identifying

whether an information is privileged after ample time shall be tantamount to make
such information uncovered by executive privilege. ( Neri vs Senate )

TWO KINDS OF EXECUTIVE PRIVILEGES

Presidential Communications Privilege – pertains to communications, documents and

other materials that reflect presidential decision making.

Deliberative Process Privilege – involves advisory opinions, recommendations and

deliberations comprising a process by which governmental decisions and policies are
formulated.

Elements of Presidential Communications Privilege

a. the protected communication must relate to a non delegable presidential power.

b. the communication must be authored by a close advisor of the president or the

president himself.

c. can be overcome by a showing of adequate need such as the information contains

important evidence and by the unavailability of the information elsewhere.

DELEGATION OF POWERS

Principle: Potestas Delegata non delegari potest. ( What has been delegated cannot be
delegated )

Permissible Delegations:

a. Delegation of Tariff powers to the president

b. Delegation of emergency powers to the president

c. Delegation to the people

d. Delegations to Local Governments

e. Delegation to Administrative Bodies

Delegation of Tariff Powers

Article 6, Section 28(2). The Congress may, by law, authorize the President to fix within
specified limits, and subject to such limitations and restrictions as it may impose, tariff rates,
import and export quotas, tonnage and wharfage dues, and other duties or imports within the
framework of the national development program of the Government.

Delegation of Emergency Powers

Article 6, Section 23(2). In times of war or other national emergency, the Congress may, by
law, authorize the President, for a limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to carry out a declared national policy.
Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next
adjournment thereof.

Conditions for vesture of Emergency Powers upon the president

a. There must be war or another national emergency

b. The delegation must be for a limited period only

c. The delegation must be subject for limitations by congress

d. The delegation must be exercised to carry out a national policy declared by congress

THE ALTER-EGO PRINCIPLE

All acts done by department heads on their discretion are deemed acts of the
president unless the president expresses otherwise.

- When the law grants the secretary of an executive department to perform a certain
discretionary function, then the alter-ego principle do not apply. ( Southern Cross
Cement vs Philippine Cement Corporation )

- The president must issue executive orders in pursuance of a law. ( Ynot vs IAC,
supra. )

Tests for Valid Delegation

Completeness Test
The law must be complete in all its essential terms when it leaves the legislature so that
there is nothing left to the delegated authority but to impose the law.

Sufficient Standard Test

The law must contain sufficient standards to map out the boundary by defining the
legislative policy and the circumstances under which it will be imposed.

- For a delegation to be valid, the two tests must be satisfied. ( Pelaez vs Auditor
General )

- The phrases such as “ interest of law and order”,” adequate and efficient
instruction”,” public interest”,” justice and equity”,” public convenience and
welfare”,” simplicity, economy and efficiency”,” standardization and regulation of
medical education”,and “ fair and equitable employment practices” are accepted
sufficient standards. ( Gerochi vs Department of Energy,supra )

INHERENT POWERS OF THE STATE

Eminent Domain – the power of the state to take private property for public use after
payment of just compensation.

Constitutional Limitation of the Power of Eminent Domain

Article 3, Section 9. Private property shall not be taken for public use without just
compensation.

Article 12, Section 18. The State may, in the interest of national welfare or defense, establish
and operate vital industries and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be operated by the Government.

Article 18, Section 22. At the earliest possible time, the Government shall expropriate idle or
abandoned agricultural lands as may be defined by law, for distribution to the beneficiaries of
the agrarian reform program.

- Authority to hear expropriation proceedings falls within the jurisdiction of the

regional trial court. ( Barangay San Roque Talisay vs Heirs of Pastor,supra )

- Churches and other ecclesiastical things are not properties under the eminent
domain of the state, therefore the state do not own these properties. ( Barlin vs
Ramirez )

- Taking of a private property must commence from the time the petition for
expropriation is filed. ( Republic vs Viuda De Castelvi, supra. )

- The exercise of Eminent Domain by the state has only to be limited to the
following constitutional limitations: a. taking must be for public use; b. payment
of just compensation must be made; c. due process must be observed in the
taking.( Republic vs Juan )
 - Taking of private property for public use must conform with the following
requisites: a. the expropriator must enter a private property, b. entrance to the
property must be for more than a momentary period, c. entry must be under
warrant or color of law, d. property must be devoted for public use e. utilization of
the property must oust the owner and deprive him of all beneficial enjoyment of
the property.( Republic vs Viuda de Castelvi )

Police Power - is the capacity of the government to regulate behavior and enforce order
within their territory for the betterment of the general welfare, morals, health,
and safety of their inhabitants.

- Taxation can be used to implement the state’s police power. ( Gerochi vs

Department of Energy, supra.)

- If generation of revenue is the primary purpose and regulation is incidental, the

imposition is a tax; but if regulation is the primary purpose, the fact that revenue
is incidentally raised does not make the imposition a tax. ( Gerochi vs Department
of Energy, supra.)

- A business permit authorizes a person, natural or otherwise, to engage in

business or some form of commercial activity. A professional license on the other
hand, is the grant of authority to a natural person to engage in the practice or
exercise of his or her profession. ( Acebedo Optical vs Court of Appeals )

- The Doctrine does not run in granting a permit since permit is not a contract, it is
a privilege. ( Acebedo Optical vs Court of Appeals, supra. )

- The power to issue license or grant business permits, if exercised for a regulatory
and not revenue raising purpose, is within the ambit of police power. ( Acebedo
Optical vs Court of Appeals )

- The four elements of equal protection clause are: a. must be based on substantial
distinctions which make for real differences b. must be germane to the purpose of
the law c. must not be limited to existing conditions only d. must apply equally to
each member of the class ( Magtajas vs Pryce Properties, supra. )

- The elements of a valid ordinance are: a. It must not contravene the constitution or
any statute b. It must not be unfair or oppressive c. It must not be partial or
discriminatory d. It must not prohibit but may regulate trade e. It must be general and
consistent with public policy f. It must not be unreasonable ( Magtajas vs Pryce
Properties )

THE LEGISLATIVE DEPARTMENT

The Party List Representatives

- The four parameters to follow inn proclaiming winners in a party-list election: a.

twenty percent allocation for party list from all members of the house of
 representatives; b. two percent threshold, thus only those who got 2% of all the
total votes will be entitled to one seat; c. three seat limit; d. proportional
representation, thus the additional seat of a qualified party will be determined in
proportion to the total number of votes. ( Veterans’ Federation vs COMELEC )

- The twenty percent membership of the party list in the house of representatives is
a ceiling, not necessarily to be filled up completely. ( Veterans’ Federation vs
COMELEC )

- The COMELEC has the duty to disclose all the names of the nominees of the part
list groups. ( Bantay Republic Act vs COMELEC )

Parliamentary Immunity

- The immunity from arrest or detention of Senators and members of the House of
Representatives arises from a provision of the Constitution. The privilege has
always been granted in a restrictive sense. The provision granting an exemption
as a special privilege cannot be extended beyond the ordinary meaning of its
terms. It may not be extended by intendment, implication or equitable
considerations. ( People vs Jalosjos )

Privilege Speeches

- Members of Congress has the authority to discipline its members for any
imputable speeches and disorderly behavior and therefore can suspend him from
performing his function. ( Osmeña vs Pendatun )

Appointments

- Prohibitions under Sec.15 Article 7 of the constitution only applies to the

vacancies in the executive department and not to the judiciary. ( De Castro vs JBC
)

- An ad interim appointment is a permanent appointment because it takes effect

immediately and can no longer be revoked or withdrawn by the president once the
appointee has qualified into office. ( Matibag vs Benipayo )

- The fact that an ad interim appointment is subject to confirmation by the

commission on appointments does not alter its permanent character. The
constitution itself makes an ad interim appointment permanent in character by
making it effective until disapproved by the Commission on Appointments or until
the next adjournment of Congress. ( Matibag vs Benipayo )

- An ad interim appointment means a permanent appointment made by the

president in the mean time that congress is in recess. ( Matibag vs Benipayo )
- While an ad interim appointment is permanent and irrevocable, an appointment or
designation in a temporary or acting capacity can be withdrawn or removed at the
pleasure of the appointing authority. ( Matibag vs Benipayo )

- Confirmation by the commission on appointments is required only for presidential

appointees mentioned in the first sentence of in Article 7, Section 16, including
those officers whose appointments are expressly vested by the constitution itself
in the president. ( Calderon vs Carale )

- Confirmation 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 authorized by law to appoint. ( Calderon vs Carale )

- There are four groups that a president may appoint. 1. Heads of executive
departments, ambassadors, other public ministers and consuls; 2. All officers of
the government whose appointments are not otherwise provided by law; 3. Those
whom the president may be authorized by law to appoint; 4. Officers lower in rank
whose appointments the congress may by law vest in the president alone.
( Calderon vs Carale )