Ria Jasmin-Pantoja JD 101 MID-TERM COVERAGE( August 4, 2011)

CONSTITUTIONAL LAW 1
Chapter I General Considerations Political Law is the branch of public law which deals with the organization and operation of the governmental organs of the State and defines the relation of the State with the inhabitants of its territory. Constitutional Law I is the study of the structures and powers of the Government of the Republic of the Philippines. It is also deals with certain basic concepts of Political Law, such as the nature of the State, the supremacy of the Constitution, the separation of powers, and the rule of the majority. Chapter II The Constitution of the Philippines Fundamental Law st 1 Commonwealth Constitution adopted in 1935 nd 2 Constitution of 1973 which was enforced during Marcos Regime rd 3 th 4 Constitution of 1987 since it became independent on July 4, 1946 Supremacy of the Constitution The Constitution is the basic and paramount law to which all other laws must conform and which all persons, including the highest official of the land, must defer. No acts shall be valid, however noble its intentions, if it conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Prospect of the Constitution The Constitution must be quintessential rather than superficial, the root and not the blossom, the base and framework only of the edifice that is yet to rise. Chapter III The Concept of the State The STATE is a community of persons, more or less numerous, permanently occupying s fixed territory, and possessed of an independent government organized for political ends to which the great body of inhabitants render habitual obedience. Nation indicates a relation of birth or origin and implies a common race, usually characterized by community of language and customs. The State is a legal concept, while the Nation is only a racial or ethnic concept. The State is the principal, the Government its agent The State itself is an abstraction, it is the government that externalizes the State and articulates its will. Essential Elements of State 1. People refers simply to the inhabitants of the state. No legal requirements as to their numbers, it is generally agreed that they must be numerous enough to be self sufficing and to defend themselves and small enough to be easily administred and sustained. 2. Territory is a fixed portion of the surface of the earth inhabitated by the people of the State. Components: Terrestrial Domain land mass Fluvial inland and external waters Aerial Domain air space above the land and waters 3. Government is the agency or instrumentality through which the will of the State is formulated, expressed and raealized. A. Functions Constituent constitute the very bonds of society and are therefore cumpolsary. Ministrant are those undertaken to advance the general interest of society, such as public works, public charity and regulation of trade and industry.

B. Doctrine of Parens Patriae one of the important task of the government is to act for the State as Parens Patriae, or guardian of the rights of the people. C. De Jure and De Facto Governments De Jure has the rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise therof. De Facto is a government of fact, that is, actually exercises power or control but without legal title. D. Government of the Philippines E. Administration which is the group of persons in whose hands the reins of government are for the time being. The Administration runs the government. Administration is transitional whereas the government is permanent. 4. Sovereignty is the supreme and uncontrollable power inherent in a State by which the State is governed. Kinds: Legal is the authority which has the power to issue final commands Political is the power behind the legal sovereign, or the sum of the influences that operate upon it. In our Country, the Congress is the legal sovereign, while the different sectors that mold the public Opinion make up the political sovereign Internal refers to the power of the state to control its domestic affairs. External the power of the state to direct its relations with other states, is also known as independence. Sovereignty is permanent, exclusive, comprehensive, absolute, indivisible, inalienable, and imprescriptible Chapter IV The Doctrine of State Immunity The State cannot be sued without its consent This provision is merely a recognition of the sovereign character of the State and an express affirmation of the unwritten rule insulating it from the jurisdiction of the courts of justice. Basis To Justice Holmes, however, the doctrine of non-suability is based not on any formal conception or obsolete theory but on the logical and practical ground that there can be no legal rights against the authority which makes the law on which the rights depends. Another justification is the practical consideration that the demands and inconveniences of litigation will divert the time and resources of the state from the more pressing matters demanding its attention, to the prejudice of the public welfare. The doctrine is also available to foreign States insofar as they are sought to be sued in the courts of the Local State. The added basis in this case is the Principle of Sovereign Equality of States, under which one State cannot assert jurisdiction over another in violation of the maxim par in parem non habet imperium. To do so would unduly vex the peace of the nations. Waiver of Immunity Doctrine of State immunity sometimes called the royal prerogative of dishonesty Forms of Consent The principle fortunately has built in qualifications: The State may, if it so desires, divest itself of its sovereign immunity and thereby voluntarily open otself to suit. In fine, the State may be sued if it gives its consent. The consent of the State to be sued may be given Expressly or Impliedly. Express consent may be manifested either through a general law or a special law. Implied consent is given when the State itself commences litigation or when it enters into a contract.(gain profit) Jure imperii - Sovereign and governmental acts Jure gestionis - Private, commercial, propriety acts Suits against Government Agencies Where suit is filed not against the government itself or its officials but against one of its entities, it must be ascertained whether or not the State, as the principal that may ultimately be held liable, has given its consent to be sued. This ascertainment will depend in the first instance on whether the government agency impleaded is incorporated or unincorporated. Incorporated agency has a charter of its own that invest it with a separate juridical personality, like the SSS, UP, City of Manila. The test of its suability is found in its charter. Unincorporated agency it has no separate juridical personality but is merged in the general machinery of the government, like DOJ, Bureau of Mines and the Government Printing office.

Exemption from legal Requirements When the States litigates, either directly or through its authorize officers, it is not required to put up a bond for damages, or an appeal bond, since it can be assumed that it is always solvent. Suability vs. Liability The mere fact that the State is suable does not mean that it is liable. Suability is the result of the express or implied consent of the State to be sued. Liability on the other hand, is determined after hearing on the basis of the relevant laws and the established facts. When, therefore, the State allows itself to be sued, all it does in effect is to give the other party an opportunity to prove, if it can, that the State is liable. The State in many cases, may be suable but not liable. ( unless there is law pass by the congress) Chapter V Fundamental Principle and State Policies Chapter VI Separation of Powers Chapter VII Delegation of Powers Chapter VIII The Legislative Department The new Congress represents a return to bicameralism after our recent experiment with unicameralism.

SENATE

CONGRESS

PARTY LIST twenty(20) percentum of the total membership of House of Representatives.

COMPOSITION

24

not more tha 250,unless otherwise fixed by law

QUALIFICATIONS

Natural Born Citizen at least 35 years old able to read and write registered voter resident of the Philippines not less than two(2)years six(6) years 2 terms National

Natural Born Citizen at least 25 years old able to read and write registered voter resident of the Philippines not less than two(1)year three(3) years 3 terms District

TERM

CONSTITUENCY

Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine Citizenship. Those who elect citizenship in accordance with paragraph 3 section 1 of the Constitution. Residence is defines as the place where one habitually resides and to which, when he is absent, he has the intention of returning. The continuity of the life of the Senate is intended to encourage the maintenance of senate policies as well as guarantee that there will be experienced members who can help and train newcomers in the discharge of their duties. A territory must be compact(solid), contiguous(in physical contact), adjacent(close by or near by) to become a legislative district. The New Constitution reiterates the guaranty against Gerrymandering, which is the arrangement of districts in such a way as to favor the election of preferred candidates (usually re electionist) through the inclusion therein only of those areas where they expect to win, regardless of the resultant shape of the district.

Parliamentary Immunities Privilege from Arrest is intended to ensure representation of the constituents of the member of the Congress by preventing attempts to keep him from attending its session. Privilege of Speech and Debate enables the legislator to express views bearing upon the public interest without fear of accountability outside the halls of the legislature for h is inability to support his statement with the usual evidence required in the court of justice. Requirements to avail Privilege of Speech and Debate: 1. The remarks must be made while the legislature or the legislative committee is functioning, that is, in session; 2. They must be in connection with the discharge of official duties. Conflict of Interest There are some persons who may be tempted to run for Congress not because of a desire to serve the people but precisely for the protection or even enhancement of their own interest. Incompatible and Forbidden Offices Incompatible Offices which may not be held by the legislator during his tenure in the Congress. The purpose is to prevent him from owing loyalty to another branch of the government, to the detriment of the independence of the legislature and the doctrine of separation of powers. Forbidden Offices even if the congress is willing to forfeit his seat therein, office in the government that has been created or the emoluments thereof have been increased during his term. The purpose id to prevent trafficking in the Pbulic office. Inhibition and Disqualification No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before Electoral tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the government, or any subdivision, agency, instrumentality thereof, including any government owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit or where he amy called upon to act on account of his office. Session Does no t refer to the day-to-day meetings of the legislature but to the entire period from its initial convening until its final adjournment. The congress shall convene once every year on the fourth Monday of july for its regular session, unless a different date is fixed by law. Quorum Any number sufficient to transact business, which may be less than the majority. In our Constitution, it is required that the quorum be a majority of each house. Journals Are record of what is done and past in a legislative assembly. They are useful not only for authenticating the proceedings but also for the interpretation of laws through a study of debates held thereon and for informing the people of the official conduct of their respective legislator. Only a resume or the minutes of what is transpired during a legislative session. The Record is the word-for-word transcript of the proceedings taken during the session. The Commission on Appointments Also revived in the 1987 Constitution, to limit once agaun the Presidents appointing power, is the Commission on appointments. Composition: President of the Senate as Ex Officio Chairman, 12 Senators, 12 Members of the House of Representatives, elected by each house on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within 30 session days of the Congress from their submission. The Commission shall rule by a majority vote of all the members.