CONSTITUTIONAL LAW

The CONSTITUTION is a written instrument enacted by the 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 (MALCOLM AND LAUREL, Philippine Constitutional Law, p.6).

CHARACTERISTICS:
1. It is written as its precepts are embodied in one document;
2. It is conventional because it is an enacted constitution formally “struck off”
at a definite time and place following a conscious effort taken by a
constituent body; and
3. It is rigid because it can only amended by a formal and difficult process
(CRUZ, Philippine Political Law (2002), p.375).

 The 1987 Constitution took effect on 2 February 1987, the date of its
ratification in the plebiscite, which was held on that same date and not on the
date its ratification was proclaimed.

ESSENTIAL PARTS OF A GOOD WRITTEN CONSTITUTION:

1. Constitution of Liberty- it contains the fundamental civil and political rights
of the citizens as well as the limitations on the powers of the government
to secure the enjoyment of the rights of the citizens.
2. Constitution of Government- enumerates the powers of government and
outlines its organization.
3. Constitution of Sovereignty- contains the provisions on how changes in
the Constitution may be made.

AMENDMENT vs. REVISION

AMENDMENT REVISION

A change that adds, reduces, deletes, A change that alters a basic principle
without altering the basic principle in the Constitution or the substantial
involved. entirety of the Constitution.

Generally affects only the specific Generally affects several provisions of

provision being amended. the Constitution.

Steps involved in the amendatory or revision process:

1. Proposal; and
2. Ratification.

HOW CAN A PROPOSAL BE MADE?

1. The Congress acting as a CONSTITUENT ASSEMBLY by a vote of a
three-fourths (¾) of ALL its members voting SEPARATELY. (¾ votes from
Senate and ¾ votes from House of Representatives);
2. The CONSTITUTIONAL CONVENTION called either by two-thirds (2/3)
of ALL the members of the Congress or by majority of ALL the members
of the Congress, with the question of whether to call for a constitutional
convention to be resolved by the people in a pleviscite;
3. PEOPLE’S INITIATIVE through a petition of at least 12% of the TOTAL
 number of voters, of which every legislative district must be represented
by at least 3% of the registered voters therein.

HOW IS RATIFICATION MADE?

Proposed amendment(s) shall be submitted to the people and shall be deemed
ratified by the majority of the votes cast in a plebiscite, held not earlier than 60
days nor later than 90 days:
1. After approval of the proposal by Congress or Constitutional Convention;
or
2. After certification by the COMELEC of sufficiency of petition of the people.

I. NATIONAL TERRITORY

What comprises the national territory of the Philippines?

 Article 1 of the 1987 Philippine Constitution.

 Under the ARCHIPELAGIC DOCTRINE, the Philippine archipelago is

considered as one integrated unit instead of being divided into more than
7,000 islands. It is the integration of a group of islands to the sea and their
oneness so that they can constitute one unit, one country, and one state.

PRINCIPLE OF STATE IMMUNITY.

The state may not be sued without its consent.
(Rationale: There can be no legal right against the authority which makes the law
on which the right depends.)

 This principle may also be enjoyed the other states, consonant with the
international law principle par in parem non habet imperium.

 The head of State, who is deemed the personification of the State, is

inviolable, and thus enjoys immunity from suit.

 If the enforcement of the decision rendered against the public officer or

agency impleaded will require an affirmative act from State (not from the
public officer), then, it is a suit against the State.

 The State may, if it so desires, divest itself of its sovereign immunity and
thereby voluntarily open itself to suit. It can give its consent to be sued
expressly or impliedly.

EXPRESS CONSENT TO BE SUED.

 The State may expressly give its consent to be sued when there is a law
expressly granting authority to sue the State or any of its agency.

IMPLIED CONSENT TO BE SUED.

1. When the State enters into a private contract, unless the contract is only
incidental to the performance of the government function. This involves
jure gestionis or private, commercial, and proprietary acts;
2. When the State enters into an operation that is essentially business
operation, unless the business operation is only incidental to the
performance of a government function;
 3. When the State sues a private party, unless the suit is entered into only to
resist a claim.

II. STATE POLICIES

NATURE OF THE PHILIPPINE STATE.

 The Philippines is a democratic and republican state. Sovereignty resides
in the people and all government authority emanates from them.

FOREIGN POLICY OF THE PHILIPPINES.

1. The Philippines renounces was as an instrument of national policy;
2. It adopts the generally accepted principles of international law as part of
the law of the land;
3. Adheres to the policy of peace, equality, justice freedom, cooperation, and
amity with all nations.

METHODS OF ADOPTION OF GENERAL PRINCIPLES OF INTERNATIONAL

LAWS.
1. Doctrine of Incorporation- by virtue of this doctrine, the Courts have
applied the rules of international law in a number of cases even if such
rules had not been previously been subject of statutory enactments,
because these generally accepted principles of international law are
automatically part of our own laws.
2. Doctrine of Transformation- the transformation method requires than an
international law be transformed into a domestic law through a
constitutional mechanism such as local legislation.

 CIVILIAN SUPREMACY means that the sovereign Filipino people is

supreme. Civilian authority is, at all times, supreme over the military.

 The prime duty of the government is to serve and protect the people.

 The Government may call upon the people to defend the State and, in the
fulfillment thereof, all citizens may be required, under conditions provided by
law, to render personal military, or civil service.

SEPARATION OF POWERS.
Purpose: It seeks to prevent the concentration of authority in one person or
group of persons that might lead to irreparable error or abuse in its exercise to
the detriment of republican institutions.

BLENDING OF POWERS.
Purpose: It is necessary for certain powers to be reposed in more than one
department, so that they may better collaborate with and, in the process, check
each other for the public good.

III. BILL OF RIGHTS

A. FUNDAMENTAL POWERS OF THE STATE

1. Police Power- it is the most essential, consistent and illimitable power of
the State which enables it to prohibit hurtful things to the comfort, safety
and welfare of the society.
 2. Eminent Domain- it is the power of the State to forcibly take private
property for public use upon payment of just compensation.
3. Power to Tax- it is inherent in the State in order to raise revenues to
defray the necessary expenses of the government or for any public
purpose.

B. DUE PROCESS
ASPECTS:
1. Substantive Due Process- serves as a restriction on the government’s law
and rule-making power.
2. Procedural Due Process- serves as a restriction on actions of judicial and
quasi-judicial agencies of the government.

SUBSTANTIVE PROCEDURAL

As to the nature Requires that the law itself, not Method or manner by
merely the procedure by which which the law is
the law would be enforced, is enforced.
fair, reasonable and just.

As to who must Directed to the lawmakers. Addressed to those who

comply with the adjudicate (ex. Judges)
requirement

As to the Implies fundamental notions of Right to be notified and

requirements to be fairness and justice heard.
complied with

 The primacy of human rights over property rights is recognized.

VOID-FOR-VAGUENESS DOCTRINE.
 When a statute forbids or requires the doing of an act in terms so vague
that men of common intelligence must necessary guess at its meaning
and differ as to its application, that law is deemed void.

C. EQUAL PROTECTION

 The right to equal protection provides that all persons or things similarly
situated must be similarly treated both as to rights conferred and
responsibilities imposed.

Requisites for Valid Classification.

1. Such classification rests upon a substantial distinctions;
2. It is not confined to existing conditions only;
3. It applies equally to all members of the same class; and
4. It is germane to the purpose of the law.

D. SEARCHES AND SEIZURES

 The right against unreasonable searches and seizures affords protection to

the following:
1. The sanctity and privacy of a person himself; and
 2. The inviolability of a person’s home and his possessions.

 General Rule: Searches and seizure are normally unreasonable.

 Exception: Authorized by a validly issued search warrant or warrant of arrest.
 Exception to the exception: In cases of VALID warrantless search or arrest.

SAMPLE OF WARRANTLESS ARREST

1. Consented warrantless search
2. Incidental to a lawful arrest- A person caught in flagrante delicto and
lawfully arrested may be searched, PROVIDED that the search is
contemporaneous to the arrest and within the permissible area of search
or the place within the immediate control of the person being arrested.
3. Searches of vessel and aircraft for violation of fishery, immigration and
customs laws.
4. Inspection of buildings and other premises for the enforcement of fire,
sanitary and building regulations.
5. Visual search at checkpoints.
6. Where prohibited articles are in plain view.

E. PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE

 In evaluating a claim for violation of the right to privacy, a court must

determine whether a person has exhibited a reasonable expectation of
privacy and, if so, whether that expectation has been violated by
unreasonable government intrusion.

 The constitutional right to privacy or communication and correspondence

includes tangible (ex. Letters, telegrams, signals, cables, telephone) and
intangible objects (ex. under the Anti-Wiretapping Law, it is illegal for any
person, not authorized by all the parties to any private communication, to
secretly record such communication by means of tape recorder.

When is intrusion allowed?

Intrusion into the privacy of communication and correspondence of individuals is
allowed upon lawful order of the court or when public safety or order requires
otherwise as prescribed by law.

WRIT OF HABEAS DATA

 It is a remedy available to any person whose right to privacy in life, liberty,
or security is violated or threatened by an unlawful act or omission of a
public official or employee, or of a private individual or entity engaged in
the gathering, collecting or storing of data or information regarding the
person, family, home, and correspondence of the aggrieved party.

F. FREEDOM OF EXPRESSION
 Speech, expression, and press include every form of expression, whether
oral, written, tape, or disc recorded. It also includes movies as well as
symbolic speech such as the wearing of an arm band as a symbol of protest,
as well as peaceful picketing.

Is freedom of expression absolute?

  NO, it is not absolute. It is always subject to some regulation of the State
and to the police power of the State.

G. FREEDOM OF RELIGION

 The Constitution guarantees religious freedom and NOT mere religious

toleration.

NON-ESTABLISHMENT CLAUSE
 It means that the State cannot set up a church, nor pass laws which aid
one religion, aid all religions or prefer one religion over another, nor force
nor influence a person to go to or remain away from church against his
will or force him to profess a belief or disbelief in any religion.
 It simply means, what our non-establishment clause calls for is
government neutrality in religious matters.

H. LIBERTY OF ABODE AND FREEDOM OF MOVEMENT

 The rights covered are the right to choose a person’s abode and the right to
travel both domestically and internationally.

 The liberty of abode may be limited only upon lawful order of a court,
whereas, the right to travel may be limited by administrative authorities as
may be provided by law in the interest of national security, public safety, or
public health.

I. RIGHT TO INFORMATION

COVERAGE:
1. The right to information on matters of public concern; and
2. The corollary right of access to official records and documents.

LIMITATIONS:
The right to information is NOT available in following instances:
1. National security matters and intelligence information;
2. Trade secrets and banking transactions;
3. Criminal matters; and
4. Other confidential information which include diplomatic correspondence,
closed door Cabinet meetings and executive sessions of either Houses of
Congress, and the internal deliberations of the Supreme Court.

J. RIGHT OF ASSOCIATION

 The right to associate also guarantees the right not to join an association.

 The right of government employees to organize include the right to form

unions but NOT the right to strike and to engage in similar activities.

K. CONTRACT CLAUSE

NON-IMPAIRMENT CLAUSE
 It renders null and void a law which changes the terms of a legal contract
between parties, either in the time or mode of performance, or imposes
 new conditions, or dispenses with those expressed, or authorizes for its
satisfaction something different from that provided in its terms.

 To fall within the prohibition, the change must not only impair the obligation of
the existing contract, but the impairment must be substantial.

L. LEGAL ASSISTANCE AND FREE ACCESS TO COURTS

 It gives constitutional stature to equal protection of the poor.

INDIGENT PARTY
 It is one who is authorized by the court to prosecute his action or defense
as an indigent upon ex parte application and hearing showing that he has
no money or property sufficient and available for food, shelter and basic
necessities for himself and his family.

M. RIGHTS OF SUSPECTS

What are the rights of suspects?

1. Right to be informed of his right to remain silent and to counsel.
2. Right to be reminded that if he waives his right to remain silent, anything
he says can and will be used against him.
3. Right to remain silent.
4. Right to have competent and independent counsel preferably of his own
choice.
5. Right to be provided with counsel, if the person cannot afford the services
of one.
6. No torture, force, violence, threat, intimidation or any other means which
vitiate the free will shall be used against him.
7. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
8. Confessions or admissions obtained in violation of these rights are
INADMISSIBLE as evidence.

 These rights are available when the investigation is no longer a general

inquiry unto an unsolved crime but started to focus on a particular suspect, as
when the suspect has been taken into police custody and the police carry out
a process of interrogation that lends itself to eliciting incriminating statements.

What are the rights of the accused?

1. The right to due process.
2. The right to presumption of innocence.
3. The right to be heard.
4. The right to assistance of counsel.
5. The right to be informed.
6. The right to speedy, impartial and public trial.
7. The right to confrontation.
8. The right to compulsory process.
9. The right to trial in absentia; and
10. The right to bail.

CRIMINAL DUE PROCESS

Requisites:
 1. Accused is heard by a court of competent jurisdiction;
2. Accused is proceeded against under the orderly processes of law;
3. Accused is given notice and opportunity to be heard; and
4. Judgment rendered was within the authority of a constitutional law.

N. WRIT OF HABEAS CORPUS

 It is a writ issued by the court directed to a person detaining another,

commanding him to produce the body of the prisoner at designated time and
place, with the day and cause of his capture and detention, to do, to submit
to, and to receive whatever the court or judge awarding the writ shall consider
in his behalf.

O. WRIT OF AMPARO, HABEAS DATA and KALIKASAN

Writ of Amparo
 It is a remedy available to any person whose right to life, liberty and
security is violated or threatened with a violation by an unlawful act or
omission of a public official or employee, or of a private individual or
entity.

Writ of Habeas Data

 It is a remedy available to any person whose right to privacy in life, liberty
or security is violated or threatened by an unlawful act or omission of a
public official or employee or of a private individual or entity engaged in
the gathering, collecting or storing of data or information regarding the
person, family, home and correspondence of the aggrieved party.

Writ of Kalikasan
 It is a remedy available to a natural or juridical person, entity authorized
by law, people’s organization, non-governmental organization, or any
public interest group accredited by or registered with any government
agency, on behalf of persons whose constitutional right to a balanced and
healthful ecology is violated, or threatened with violation by an unlawful
act or omission of a public official or employee, or private individual or
entity, involving environmental damage of such magnitude as to prejudice
the life, health or property of inhabitants in two or more cities or provinces.

P. SELF-INCRIMINATION CLAUSE

 It includes the right to refuse to testify to a fact which would be a necessary

link in chain of evidence to prove the commission of a crime by a witness.

 It can only be invoked in instances of testimonial compulsion and production

of documents, papers and chattels in court except when books of account are
to be examined in the exercise of police power and the power of taxation.

Q. INVOLUNTARY SERVITUDE

 It is the condition where one is compelled by force, coercion, or

imprisonment, and against his will, to labor for another, whether he is paid or
not.
R. NON-IMPRISONMENT FOR DEBTS

 The following are not valid causes for imprisonment under the Constitution:
1. Debt
2. Poll tax

S. DOUBLE JEOPARDY

 When an accused is acquitted or convicted, or the case against him is

dismissed or otherwise terminated without his express consent, by a court of
competent jurisdiction, upon a valid complaint or information or when a formal
charge sufficient in form and substance to sustain a conviction and after the
accused had pleaded to the charge, the conviction or acquittal of the accused
or the dismissal of the case shall be a bar to another prosecution for the
same offense.

DOCTRINE OF SUPERVENING EVENT

 It allows the prosecution for another offense if subsequent development
changes the character of the first indictment under which he may have
already been charged or convicted.

T. EX-POST FACTO LAWS AND BILLS OF ATTAINDER

 Ex-post facto laws are

1. Laws making an act criminal which was not so before its passage;
2. Laws aggravating the penalty for a crime committed before its
passage;
3. Law inflicting a greater or more severe penalty.

BILL OF ATTAINDER
 It is a legislative act that inflicts punishment without trial.

IV. CITIZENSHIP

Who are Filipino citizens?

1. Natural born citizens- citizens of the Philippines from birth without having
to perform any act to acquire or perfect their Philippine citizenship.
2. Naturalized citizens- citizens who become such through judicial
proceedings.
3. Citizens by election- citizens who become such by exercising the option to
elect a particular citizenship, usually within a reasonable time after
reaching the age of majority.
Mode of acquiring citizenship:
1. Jus sanguinis- acquisition of citizenship on the basis of blood relationship.
2. Jus soli- acquisition of citizenship on the basis of place of birth.
3. Naturalization- the legal act of adopting an alien and clothing him with the
privilege of a native born citizen.

 The Philippine laws generally follow the rule of jus sanguinis and provides for
naturalization.
NATURALIZATION
 It is the legal act adopting a foreigner and clothing with the
privileges of a natural-born citizen.

DUAL CITIZENSHIP
 This arises when as a result of concurrent application of the different laws
of two or more states, a person is simultaneously considered a national by
the said states.

DUAL ALLEGIANCE
 This refers to the situation in which a person simultaneously owes, by
some positive act, LOYALTY TO TWO OR MORE STATES.