11/11/2021

CONSTITUTIONAL LAW REVIEW

STATE POLICIES AND PRINCIPLES

(Article 2, 1987 Constitution)

Filipino People - Source of Sovereignty

Republicanism - indirect type of democracy

WE ADHERE THE RULE OF LAW, NOT TO THE RULE OF MEN

Section 1, Article 2
Democratic government
● We adhere to the rule of majority

Republican state
● We adhere to a representative type of government
(wherein the people select the representative that
would protect their rights and interests)
● Indirect democracy
● Sovereignty resides in the people
● The power to select leaders come from the people
● Rule of Majority (Plurality)

SEPARATION OF POWERS
3 branches of the government
Executive branch: Executive powers
Enforce laws (PRDD’s Freedom of Information
Policy that he enacted is only binding to executive
department)
Legislative branch: Legislative powers
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Enact, pass, repeal, amend laws
Judicial branch: Judicial powers
Interpret and determine the validity of laws enacted
by the legislative branch
ADMINISTRATIVE - QUASI JUDICIAL POWERS

BLENDING OF POWERS
- mingling of powers

Certain powers are shared among the branches of the government

Enactment of general appropriations law (funding of the
government for a fiscal year). It will start from the executive
branch of the government in preparing their budget,
legislative shall undergo budget hearing...

CHECKS AND BALANCES

A way of a branch of government to check/correct/rectify any abuses that
could be committed by any branch of the government

EXECUTIVE BRANCH
In LEGISLATIVE BRANCH
Bill
Congress - 3 readings
Congress - Ad hoc
President - veto

In JUDICIAL BRANCH
Appointment
Pardon

These three principles go hand in hand.

NOTE: Not all acts done by the judicial and legislative branch are
subject to judicial review. Justiciable question is the only subject for
judicial review.
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Ex: X is running as President but he is not a natural Filipino
citizen - Justiciable Question

GENERAL RULE:
Political questions are not subject to judicial review.
When the exercise of powers by the Congress and executive department is
about discretion, it is a political question.

Discretion - Political Question

Validity/Legality of the act - Justiciable Question

WHAT YOU CAN’T QUESTION IS THE WISDOM OF CONGRESS PASSING

THE LAW BUT YOU CAN QUESTION THE LEGALITY OF THE LAW
PASSED.

EXCEPTION:
EXPANDED JUDICIAL POWER - Par. 2, Section 1,
Article VIII, 1987 Constitution

Qualifier: It must be proven that the Congress in the

exercise of its power or the executive branch in the exercise of
its power there’s a grave abuse of discretion amounting to
lack or excess in jurisdiction. ARBITRARY. CAPRICIOUS
OR WHIMSICAL

Non-delegation of powers
WHAT HAS BEEN DELEGATED CANNOT BE REDELEGATED.
Since we’ve delegated the powers to the three branches of the government,
they cannot delegate it to others.

CAN A PRESIDENT ENACT A LAW?

No. It will violate the principle of non-delegation of powers.

In the Judicial and Executive Branch of the Government - THE RULE OF

NON-DELEGATION OF POWER IS ABSOLUTE
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EXCEPTION:
Permissible Delegation (Legislative Department)
● Power to fix tariff rates may be delegated to the
President
In the absence of a law, the President cannot fix tariff
rates, etc.
● Delegation of emergency powers
○ There must be a law enacted by the Congress
delegating the President emergency powers
● Delegation to the people
● Delegation to local government
● Delegation to administrative bodies
Subordinate legislation - power of administrative
bodies to enact addtl legislations. purpose: in order
to aid/help in the implementation of the mother law
or the law enacted by the Congress.

CAN THE ADMINISTRATIVE BODY EXERCISE

SUBORDINATE LEGISLATION IN THE ABSENCE
OF A LAW ENACTED BY THE CONGRESS?
NO. THERE WILL BE A VIOLATION OF
SEPARATION OF POWERS.

TESTS:

DE JURE VS. DE FACTO GOVERNMENT (p. 44)

De Jure - established by authority of the legitimate sovereign
De Facto - established in defiance of the legitimate sovereign

SECTION 2
DOCTRINE OF INCORPORATION
The Philippines renounces aggressive war - we cannot initiate
war against the other country.
BUT the Philippines does not prohibit defensive war.
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2 WAYS OF MAKING INTERNATIONAL LAWS AS PART OF OUR
DOMESTIC LEGAL FRAMEWORK
1. DOCTRINE OF INCORPORATION
2. DOCTRINE OF TRANSFORMATION

SECTION 3
SUPREMACY OF THE CIVILIAN POPULATION and DUTY OF THE AFP

PNP IS CIVILIAN IN CHARACTER - THE TASK OF MAINTAINING

PEACE AND ORDER IS GIVEN TO PNP AND NOT THE MILITARY

CASE
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SECTION 4
NON SELF-EXECUTING PROVISION
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SECTION 5

When the government decides to revoke a license,

Will it violate your right to due process?
NO. A license does not amount to a liberty, not equivalent to a life of
a person.. Not a property.. It is just a privilege.
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SECTION 6
Church and the State are separate entities
The Church shall not interfere with the affairs of the State. VV.

WHEN MEMBERS OF THE CHURCH CRITICIZE THE

GOVERNMENT IS SECTION 6, ART 2 VIOLATED?
NO. Members of the Church are still Filipino
citizens. ENTITLED TO BILL OF RIGHTS..
Particularly freedom of expression

SECTION 12
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IMBONG VS OCHOA
RH LAW does not encourage abortion. Does not violate Section 12.
The third kind of abortifacient include drugs that harm the fertilized
ovum even before it starts the process of implantation of the fertilized
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egg on the mother’s womb.

SECTION 16

Oposa vs Factoran
SELF-EXECUTING PROVISION
THIS IS THE EXCEPTION THE RULE
Legal standing: INTERGENERATIONAL RESPONSIBILITY

SECTION 26

Political dynasty is prohibited BUT there is no law defining it. Thus, it only
remains as a principle.