What to Study for Constitutional Law I

BRANCHES OF GOVERNMENT

1. The Judiciary

◦ What is 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. [Art. VIII, Sec. 1, 1987 Constitution] ▪ Grave Abuse of Discretion exists when there is a capricious and whimsical exercise of judgement. The abuse must be patent and gross as to amount to an evasion of a positive duty or a refusal to perform a duty enjoined by law by reason of passion or hostility. [Enrile v. Sandiganbayan, G.R. No. 213847 (2013)]

◦ What is Judicial Review? ▪ The power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution. [Angara v. Electoral Commission, G.R. No. L-45081 (1936)]

◦ What are the Requisites of Judicial Review? ▪ Actual Case or Controversy - there must be a genuine conflict of legal rights and interests which can be resolved through judicial determination. [John Hay v. Lim, G.R. No. 119775 (2003)] ▪ Precludes the courts from entertaining a request for an advisory opinion, or cases that are or have become moot and academic. [Gonzales v. Narvasa, G.R. No. 140835 (2000)]

▪ Locus Standi or Legal Standing - a party’s personal and substantial interest in a case, arising from the direct injury it has sustained or will sustain as a result of the challenged governmental action. [CREBA v.

Energy Regulatory Commission, G.R. No. 174696 (2010)] ▪ May be brushed aside by the court as a mere procedural technicality in view of paramount public interest or transcendental importance of the issues involved. [Kilosbayan v. Guingona G.R. No. 113375 (1994)]

▪ Question Raised at the Earliest Opportunity - the question of unconstitutionality of the act in question should be immediately raised in the proceedings in the lower court, instead of on appeal. [Arceta v.

Mangrobang, G.R. Nos. 152895 & 153151 (Resolution), (June 15, 2004)]

▪ Lis Mota of the Case - the decision on the constitutional question must be determinative of the case itself. [Francisco, Jr. v. House of

Representatives, G.R. No. 160261, (November 10, 2003)]

2. Legislative

◦ What is Legislative Power? ▪ Legislative power is the authority to make, alter, and repeal laws. [Bernas, 676] ▪ Legislative power is vested in the Congress, which consists of a Senate and a House of Representatives. [Art. VI, Sec. 1, 1987 Constitution] ▪ Grant of legislative power to Congress is plenary. Congress may legislate on any subject matter provided that constitutional limitations are observed. [Art. VI, Sec. 1, 1987 Constitution]

◦ What is the Structure of Philippine Congress? ▪ Philippine Congress is bicameral in nature, consisting of the House of Representatives and the Senate. [Art. VI, Sec. 1, 1987 Constitution] ▪ The Senate is composed of 24 members elected at large by the qualified voters of the Philippines. [Art. VI, Sec. 2, 1987 Constitution] ▪ Senators must be: ▪ Natural born citizens of the Philippines, ▪ At least 35 years old on the day of the election, ▪ Able to read and write, ▪ A registered voter, and ▪ A resident of the Philippines for not less than 2 years immediately preceding the day of the election. [Art. VI, Sec. 3, 1987 Constitution]

▪ The House of Representatives is composed of not more than 250 members, unless otherwise fixed by law (this is the reason why there are more than 250 congressmen today) consisting of: ▪ District Representatives, who are elected from the legislative districts [Art. VI, Sec. 5, 1987 Constitution], and ▪ Party-list Representatives. [R.A. 7941]

▪ District Representatives must be: ▪ Natural born citizens of the Philippines, ▪ At least 25 years old on the day of the election, ▪ Able to read or write, ▪ A registered voter in the district where he shall be elected, ▪ A resident of the district for a period not less than 1 year immediately preceding the day of election. [Art. VI, Sec. 6, 1987 Constitution]

▪ Party List Representatives must be: ▪ Natural born citizens, ▪ Must be at least 25 years of age on the day of the election; in case of the youth sector, he must be 25 but not more than 30 years old on the day of the election, ▪ A registered voter,

▪ A resident of the Philippines for a period not less than 1 year immediately preceding the day of the election, ▪ Able to read and write, and ▪ A bona fide member of the part or organization which he seeks to represent for at least 90 days preceding the election. [R.A. 7941,

Sec. 9]

◦ What is the Party-List System? ▪ Party list representatives shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations. [R.A. 7491]

3. Executive

◦ What is Executive power? ▪ This refers to the President’s power to enforce, implement, and administer laws. The President shall ensure that the laws be faithfully executed. [Cooley, 183]

◦ What are the Qualifications for Office of the President and the Vice

President?

▪ Natural born citizen of the Philippines, ▪ At least 40 years of age on the day of the election, ▪ Registered voter, ▪ Able to read and write, and ▪ Resident of the Philippines for at least 10 years immediately preceding such election. [Art. VII, Sec. 2, 1987 Constitution]

◦ What is the Term of Office of the President and the Vice President? ▪ The President and the Vice-President shall be elected by the people for 6 years. [Art. VII, Sec. 4, 1987 Constitution] ▪ The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than 4 years shall be qualified for election to the same office at any time. [Ibid.]

◦ What is the Doctrine of Qualified Political Agency (Alter Ego Doctrine)? ▪ All of the executive and administrative organizations are adjuncts of the Executive Department. As such, the acts of the Secretaries of the Executive departments, when performed in the regular course of business or unless disapproved by the Chief Executive, are presumptively the acts of the Chief Executive. [Villena v. Secretary of Interior, G.R. No. 46570 (1939)]

◦ What is Presidential Immunity? ▪ The President is immune from suits during his incumbency. Such is because the immunity seeks to assure that the exercise of Presidential functions and duties are free from any hindrance or distraction. [Soliven v. Makasiar, G.R. No. 82585 (1988)]

▪ After his tenure, the Chief Executive cannot invoke immunity from suit for civil damages arising out of acts done by him while he was President which were not performed in the exercise of official duties. [Estrada v.

Desierto, G.R. Nos. 146710-15 (2001)]

◦ What is the Commander-in-Chief Clause? ▪ The President has the power to call-out the Armed Forces to prevent or suppress lawless violence, invasion, or rebellion. [Art. VII, Sec. 18, 1987 Constitution]

▪ The conditions of “actual invasion or rebellion” and “public safety requiring it” need not concur before the President may exercise his calling out power. The only criterion is that “whenever it becomes necessary”, the

President may exercise his calling-out power. [SANLAKAS v. Executive

Secretary, G.R. No. 159085 (2004)]

◦ What are the Grounds for Suspension of the Privilege of the Writ of Habeas

Corpus?

▪ The privilege of the writ can only be suspended when there is an invasion or rebellion, when public safety requires it. [Art. VII, Sec. 18, 1987 Constitution]

◦ When can Martial Law Be Declared? ▪ Martial Law can only be declared when there is an invasion or rebellion, when public safety requires it. [Ibid.] ▪ A state of Martial Law does not suspend the operation of the Constitution, nor supplant the functioning of the courts or legislative assemblies. [Ibid.]

◦ What is the Extent of the Pardoning Power of the President? ▪ The President can grant reprieves, commutations, pardons, remission of fines, forfeitures, and amnesty. [Art. VII, Sec. 19, 1987 Constitution] ▪ The President may extend executive clemency for administrative penalties. The Constitution makes no distinction as to the extent of the pardoning power, except with respect to impeachment cases. [Llamas v. Orbos, G.R. No. 99031 (1991)]

SEPARATION OF POWERS

◦ What is the Doctrine of Separation of Powers? ▪ The principle of separation of powers ordains that each of the 3 great branches of the government has exclusive cognizance of and is supreme in matters falling within its constitutionally allocated sphere. [Defensor v. Guingona, G.R. No. 134577 (1998)]

▪ The Judicial branch is the only constitutional organ which can be called upon to determine the proper allocation of powers between the branches of government and among the integral or constituent units thereof. [Angara v. Electoral Commission, G.R. No. L-45081 (1936)]

▪ The principle of separation of powers obtains not through express provision but by actual division in our Constitution. [Angara v. Electoral

Commission, G.R. No. L-45081 (1936)] ▪ Such principle exists to prevent the concentration of authority in one person or group that might lead to irreparable error or abuse in its exercise to the detriment of republican institutions. [Pangasinan v. PSC, G.R. No. 47065 (1940)]

CITIZENSHIP

◦ Who are Citizens of the Philippines? ▪ Those citizens of the Philippines at the time of the adoption of the Constitution, ▪ Those whose parents are citizens of the Philippines, ▪ Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority, and ▪ Those who are naturalized in accordance with the law. [Art. IV, Sec. 1, 1987 Constitution]

◦ Who are Natural-Born Filipinos? ▪ Those who are citizens of the Philippines from birth who do not have to acquire any act in order to acquire or perfect their Philippine citizenship. [Art. IV, Sec. 2, 1987 Constitution]

SUFFRAGE

◦ What are the Requisites for One to Vote? ▪ Must be 18 years of age, ▪ Must be a Philippine citizen, ▪ Resident of the Philippines for at least 1 year before the date immediately preceding the election, and ▪ Resident of the place wherein he proposes to vote for at least 6 months immediately preceding the election. [Art. V, Sec. 1, 1987 Constitution]

◦ Is there a difference between Residence and Domicile? ▪ Residence is the same as domicile for the purposes of election and suffrage. Residence is defined as the place where one stays on a temporary basis. On the other hand, domicile is a fixed permanent residence, where a person has animus revertendi (intent to return). [Romualdez-Marcos v. COMELEC, G.R. No. 119976 (1995)]