Philippine Constitution

• The Bill of Rights also includes protections against unreasonable searches and seizures, the right to a fair trial, and the prohibition of cruel and unusual punishment.
• Constitution:

  • Judge Thomas Cooley defines it as a body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised
  • Justice Malcolm defines it as a written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among the several departments or branches for their safe and distributed exercise for the benefit of the people
• Statute:

  • An act of the legislature as an organized body, expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land
  • Passed by the Philippine Commission, the Philippine Legislature, the Batasang Pambansa, and the Congress of the Philippines
• Jurisprudence:

  • Decisions or principles enunciated by a court of competent jurisdiction on a question of law serve as guides and authority to be followed by all other courts of equal or inferior jurisdiction in all cases involving the same question until overruled or reversed by a superior court
  • Judicial decisions applying or interpreting the laws, or the Constitution shall form a part of the legal system of the Philippines (Art 8 Civil Code)
• International Law:

  • Body of rules and principles of action binding upon civilized states in their relation with one another
  • Law dealing with the conduct of states and international organizations and their relations inter se, as well as with some of their relations with persons, whether natural or juridical
• Types of International Law:

  1. Public International Law:

  • Governs relationships between and among states and their relations with international organizations and individuals
  • Applies between Sovereign States and other International Personalities

  2. Private International Law:

  • Deals with cases where foreign law intrudes in the domestic sphere
  • Conflict of law involving foreign elements
• 1987 Constitution Art 2 Sec 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
  • Adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations
• Sources of International Law:

  • Treaties
  • International Conventions
  • Judicial decisions
  • Comments of publicists
  • Customs and Traditions acknowledged and approved by society through long and uninterrupted usage
• Local Ordinance:

  • Political and territorial subdivisions of the State
  • Empowered, through the Congress, to enact local laws applicable to their respective jurisdictions
  • Requisites of a valid ordinance:
  • Must not contravene the Constitution or any statute
  • Must not be unfair or oppressive
  • Must not be partial or discriminatory
  • Must not prohibit but may regulate trade
  • Must be general and consistent with public policy
  • Must not be unreasonable
• Executive Orders:

  • President provides rules of a general or permanent character in implementation or execution of constitutional or statutory powers
  • Limited in scope
• Natural Law:

  • Divine inspiration in man of the sense of justice, fairness, and righteousness
  • Impressed in man as the core of his higher self at the very moment of being or even before that
• Police Power:

  • Power of promoting the public welfare
  • Restricts/regulates liberty for general welfare
  • Use of property
  • Lodged primarily in legislative but may be delegated to president, administrative boards, and LGUs
  • Lawful subject: subject of the measure is within the scope of the police power
  • Lawful means: must not violate the law
• Power of Eminent Domain:

  • Power of expropriation
  • Highest and most exact idea of property remaining in the government that may be acquired for some public purpose through a method in the nature of a compulsory sale to the State
  • Need of just compensation
  • Just compensation: a full and fair equivalent of the property taken from the private owner by the expropriator
  • Voluntary transaction: if the owner is willing to sell and the parties can agree on the price and the other conditions of the sale
• • Coercive authority: the owner of the private property is unwilling to part with it, or, being willing, cannot agree to the conditions of the transfer
• Taxation:

  • Lifeblood of the State- levy of proportionate amount
  • Collecting contributions
  • Symbiotic protection between state and citizens
  • Pervasive power but weakest because of certain limitations
  • Inherent limitations: tax must be used for public use only, uniform/equitable, follows the territoriality rule
  • Constitutional limitations/prohibitions: Due process or equal protection clause, Non-impairment clause, Non-payment of poll tax
• Legislative Branch:

  • Law-making body of a state
  • Power to make or change laws
  • Two types: unicameral & bicameral
  • PH Legislature was once unicameral under 1973 Consti, Malolos Consti, and 1935 Consti before it
  • PH Bill of 1902 become Jones Law now HOR and Senate
• Article 6 Section 25:

  • No increase of budget but decreases are allowed
  • Related to line item budgeting
  • Procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies
  • President's powers: General Veto or Item Veto
  • Ensure public purpose
• Senate:

  • Composed of twenty-four Senators
  • Senatorial requirements: PH citizenship, able to read and write, registered voter, at least 35 y/o on the day of election, resident of the Philippines for not less than 2 years
  • Term of office: six years, no more than two consecutive terms
  • Privilege from arrest for offenses punishable by not more than six years imprisonment
  • Conduct inquiries in aid of legislation
  • Oversight function of congress
  • Power to declare war, ⅔ vote in both House/separately
• Taxation:

  • Rule of taxation shall be uniform and equitable
  • Congress shall evolve a progressive system of taxation
  • Congress may authorize the President to fix tariff rates, import and export quotas, etc
  • Religious, charitable, educational purposes are exempted from taxation
• Power to appropriate, by law:

  • No money shall be paid out of the Treasury except in pursuance of an appropriation made by law
• Article 7:

  • Congress may vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards
  • No treaty or international agreement shall be valid and effective unless concurred in by at least ⅔ of all the Members of the Senate