Constitutional Law

Reminder

Understanding law is not a personal achievement

but a social responsibility
Contents

The 1987 Philippine Constitution

Interplay between State’s interest and human
rights
Adaptability of jurisprudence to changing society
Recent political issues
Application
The 1987 Constitution
How to understand the Constitution as a concept
The 1987 Philippine Constitution

Answer the 5 WHs questions and How

What
Why
Where
When
Who
How
When and where (When and where does
the Constitution apply)
The 1987 Philippine Constitution

Technical extent:
Article I, National Territory
The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.
Who (To whom is it applicable)

Filipino Citizens (Art IV)

The following are citizens of the Philippines:
1.Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine Citizenship upon reaching the age of majority; and
4. Those who are naturalized in the accordance with law.

Question: Does the Constitution apply even to Filipinos residing

abroad?
Why (Why is there a Constitution)

Article II- Declaration of Principles and State Policies

Section 1. The Philippines is a democratic and republican
State. Sovereignty resides in the people and all
government authority emanates from them.

Q: How many Constitution/s does the Philippines have?

What (What is the Constitution)

The Constitution is the balancing scale between the

powers of the State and the rights of the People.

Q: What are the powers of the State?

Q: What are human rights?
The Constitution as a balancing scale
between:

Powers of the State Human Rights

Art. VI-Legislative Department Art. III- Bill of Rights
Art. VII- Executive Department Art. V- Suffrage
Art. VIII- Judicial Department Art. XIII- Social Justice and Human
Rights
Art. IX- Constitutional Commissions
Art. XIV- ESTACS
Art. X- Local Government
Connecting provisions

Powers of the State -------------------------------------- Human Rights

Art. XI- Accountability of Public officers
Art. XII- National Economy and Patrimony
Art. XV- The Family
Art. XVI- General Provisions
Art. XVII- Amendments/ Revisions
Art. XVIII- Transitory Provisions
Point of emphasis (Powers of the State)
The Legislative Department (Art. VI)

Nature
Composition (Senate and House of Representatives)
Senate
HOR
Not more than 250 members, unless otherwise provided by
law, consisting of:
District representatives;
Party-list representatives ; and
Sectoral representatives
Issue on local sectoral representation

Article X, Section 9
Section 9. Legislative bodies of local governments shall have sectoral
representation as may be prescribed by law.

Section 41, para. C of RA 7160

There shall be one (1) sectoral representative from the women, one (1) from the
workers, and one (1) from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any other sector as may be
determined by the sanggunian concerned within ninety (90) days prior to the
holding of the next local elections as may be provided for by law. The COMELEC
shall promulgate the rules and regulations to effectively provide for the election
of such sectoral representatives.
LD

Sessions
Regular sessions
Special sessions
Joint sessions
Voting separately (Issues affecting the President, Declaring
a State of war, Amending the Constitution)
Voting jointy (To revoke or extend martial law or
suspension of the privilege of writ of habeas corpus)
LD
Powers:
Authority to make, frame and enact laws
Give concurrence to treaties and international agreements
Impeachment
Who can be impeached? President, Vice President,
Members of the SC, members of the Constitutional
Commissions and the Ombbudsman)
Grounds for impeachment (Culpable violation of the
Constitution, Treason, Bribery, Graft and Corruption,
Other High Crimes, Betrayal of Public trust)
Implied powers (power to punish a person in contempt
during legislative investigations)
 LD

Delegation of Powers
GR: Congress cannot delegate its legislative power
ETR:
1. Delegation of tariff powers to the President (art. VI Sec 28 (2)
2. Delegation of emergency powers to the President (art. VI, sec 23 (2)
3. Delegation to administrative bodies
Tests for a valid delegation
1. The completeness test
2. The sufficiency standard test
The Executive Department (Art. VII)

President
Vice President
Cabinet members
All members of the executive department
ED

Prohibitions (art. VI, Sec. XIII)

The President, Vice-President, the Members of the Cabinet, and their deputies or
assistants shall not, unless otherwise provided in this Constitution, hold any other
office or employment during their tenure. They shall not, during said tenure, directly
or indirectly, practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries. They
shall strictly avoid conflict of interest in the conduct of their office.
The spouse and relatives by consanguinity or affinity within the fourth civil degree of
the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.
Executive Department
Powers of the President
Executive Power
General Supervision of local governments
Power of appointment (with consent of CA: Heads of the
executive departments, ambassadors, officers of the
Armed force with rank of colonel or naval captain,
chairman and commissioners of the ConCom, regular
members of the Judicial and Bar Council, Sectoral
representatives)
Executive clemencies
Commander in chief
Power over foreign affairs
ED

Doctrine of qualified political agency (Villena vs Sec of the

Interior, April 21, 1939)
Department secretaries are alter egos or assistants of the
President and their acts are presumed to be those of the
latter unless disapproved or reprobated by him. Thus, as a
rule, an aggrieved party affected by the decision of a
cabinet secretary need not appeal to the OP and may file
a petition for certiorari directly in the Court of Appeals
assailing the act of the said secretary.
ED
Power as commander in chief
Call out armed force to prevent lawless violence (David vs Arroyo, 2006)
Suspend the privilege of the writ of habeas corpus (In the matter of
habeas corpus of Aquino, Sep. 1974)
Proclamation of martial law (President Rodrigo Duterte issuance of
Proclamation No. 216 in 2017)

Prohibition on midnight appointments (Aquino’s EO No. 2)

Section 15. Two months immediately before the next presidential
elections and up to the end of his term, a President or Acting President
shall not make appointments, except temporary appointments to
executive positions when continued vacancies therein will prejudice
public service or endanger public safety.
Judicial Department

Section 1. The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
JD

Jurisdiction

Section 5. The Supreme Court shall have the following powers:

Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:
 All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.

 All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

 All cases in which the jurisdiction of any lower court is in issue.

 All criminal cases in which the penalty imposed is reclusion perpetua or higher.

 All cases in which only an error or question of law is involved.

Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the
consent of the judge concerned.

Order a change of venue or place of trial to avoid a miscarriage of justice.

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
Constitutional Commissions
Local Government (Art. X)

Section 3. The Congress shall enact a local government code which shall
provide for a more responsive and accountable local government
structure instituted through a system of decentralization with effective
mechanisms of recall, initiative, and referendum, allocate among the
different local government units their powers, responsibilities, and
resources, and provide for the qualifications, election, appointment and
removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation
of the local units.

Governing Law: RA 7160/ The Local Government Code of 1991

Point of Emphasis (Human Rights)
Bill of Rights (Art. III)
Sec. I. Right to Life, Liberty and Property
Sec. II. Right against illegal arrest and unreasonable searches and seizure
Warrant of arrest-
Legal process issued by a competent authority, directing the arrest of a
person or persons upon grounds stated therein

When is warrantless arrest valid? (Sec. 1, Rule 113)

 (a) When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
 (b) When an offense has just been committed, and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it; and
 (c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.”
BOR

Search warrant
A search warrant is an order in writing, issued in the name of the People of the
Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace
officer, commanding him to search for personal property and bring it before the court
Valid warrantless searches
Custom searches (Pp vs Marti, anuary 18, 1991)
Search of moving vehicle (Almonte vs De Villa, Sep. 29, 1989)
Plain view doctrine (Pp vs Sarap, March 26 2003)
Consent searches
Search incidental to a lawful arrest (Robin Padilla vs CA, March 12, 1997)
Stop and frisk (Malakat vs CA, Dec. 12, 1997)
BOR

Sec. 3 Privacy of Communication and Correspondence

Sc. 4. Freedom of speech, expression, the press and right
to peaceful assembly
-clear and present danger rule doctrine (Miriam college vs
CA, Dec. 15 2000)
Sec. 5 Freedom of religion (Estrada vs Escitor)
Sec. 6 Right to abode and travel (Marcos vs Manglapus)
BOR

Sec. 7 Right to Information on matters of public concern

(Chavez vs Gonzales, Feb. 15, 2008)
Sec. 8 Right to associations (labor law)
Sec. 9 Private property shall not be taken without just
compensation (Ph. Press Institute vs COMELEC, May 222,
1995)
bor

Sec. 10 Non-impairment of contracts (Civil Code)

Sec. 11 Free access to Courts (
Sec. 12 Miranda rights
Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably
of his own choice. If the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of counsel.
No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar
forms of detention are prohibited.
Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
The law shall provide for penal and civil sanctions for violations of this Section as well as
compensation to the rehabilitation of victims of torture or similar practices, and their families.
BOR

Sec. 13 Right to bail

All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall
not be required.
Sec. 14 right to due process of law
Sec. 15 Privilege of the writ of habeas corpus
Sec. 16 Right to speedy trial
Sec 17- Right against self incrimination
BOR

Sec. 18 Right against involuntary servitude

Sec. 19- Right against excessive fines,cruel, degrading or inhuman
punishment
Sec. 20 Non-imprisonment for non-payment of poll tax
Sec. 21 Right against double jeopardy
Sec. 22. Prohibition against ex-post facto law/bill of attainder
Right to suffrage

Suffrage may be exercised by all citizens of the Philippines, not

otherwise disqualified by law, who are at least eighteen years of age,
and who shall have resided in the Philippines for at least one year and in
the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
Social justice and human rights (art.
XIII)
Section 1. The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to human
dignity, reduce social, economic, and political inequalities, and remove
cultural inequities by equitably diffusing wealth and political power for
the common good.
To this end, the State shall regulate the acquisition, ownership, use, and
disposition of property and its increments.
Ecstacs (art. XIV)

The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such
education accessible to all.
Point of emphasis (connecting provisions)
CP

Art. XI- Accountability of Public officers

Public office is a public trust

Art. XII- National Economy and Patrimony

Equitable distribution of opportunities

Art. XV- The Family

The Family Code (EO 209)
CP

Art. XVI- General Provisions

Non-suability of the State
Art. XVII- Amendments/ Revisions
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
The Congress, upon a vote of three-fourths of all its Members; or
A constitutional convention.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people
through initiative upon a petition of at least twelve per centum of the total number of registered
voters, of which every legislative district must be represented by at least three per centum of
the registered voters therein. No amendment under this section shall be authorized within five
years following the ratification of this Constitution nor oftener than once every five years
thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Art. XVIII- Transitory Provisions
Adaptability of Jurisprudence to changing
society and Recent Issues
Development of jurisprudence in
relation to changing society
Gerona vs Secretary of
education (aug. 12m 1959)
The flag is not an image nor a symbol
of a religious rite but an emblem of a
national sovereignty, unity and
cohesion and of freedom and liberty
Ebralinag vs Division
Superintendent (mar, 1993)
Forcing students to participate in flag
ceremony through the iron hand of
law, violates their religious beliefes,
absent any grave and present danger
of a serious evil which the State aims
to prevent
changes
Marcos vs Manglapus (1989)
The resolution of the problem is made
difficult because the persons who seek
to return to the country are the
deposed dictator and his family at
whose door the travails of the country
are laid and from whom billions of
dollars believed to be ill-gotten
wealth are sought to be recovered.
(marcos vs Manglapus, 1989)
Ocampo vs exec. Sec (dec.
9, 2016)
The President's decision to bury
Marcos at the LNMB is in accordance
with the Constitution, the law of
jurisprudence
While the Constitution is a product of
our collective history as a people, its
entirety should not be interpreted as
providing guiding principles to just
about anything remotely related to
the Martial Law period such as the
proposed Marcos burial at the LNMB.
changes
Lecaroz vs Sandiganbayan
the clear intention of the framers of the
Constitution was to create an exclusive category
of public officers who can be removed only by
impeachment and not otherwise.
Republic vs Sereno (May 11,
2018)
Quo warranto as a remedy to oust an ineligible
public official may be availed of when the
subject act or omission was committed prior to or
at the time of appointment or election relating to
an official’s qualifications to hold office as to
render such appointment or election invalid. Acts
or omissions, even if it relates to the
qualification of integrity being a continuing
requirement but nonetheless committed during
the incumbency of a validly appointed and/or
validly elected official cannot be the subject of
a quo warrantoproceeding, but of impeachment
if the public official concerned is impeachable
and the act or omission constitutes an
impeachable offense, or to disciplinary,
administrative or criminal action, if otherwise.
Thank you.
Kayo naman :D
Application

If you will propose a law, what will it be and why?

Please be minded of the ff. standards:

Feasibility of:
Enactment
Enforceability
Constitutionality