Constitutional Law II Flashcards

Flashcards covering key concepts and principles from Constitutional Law II lecture notes, focusing on fundamental rights, state powers, due process, and citizenship.

What is Constitutional law?

The study of the maintenance of the proper balance between authority as represented by the three inherent powers of the State & liberty guaranteed by the Bill of Rights.

What are the three inherent powers of the State?

Police Power, Eminent Domain, and Taxation

What are some of the safeguards provided for in the Bill of Rights?

Right to due process & equal protection of the law, Prohibition against unreasonable searches & seizures, Freedom of expression, The impairment clause, and Guarantees against injustice to the accused

What is a constitution?

The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited, and defined. Powers are distributed among the several departments for their safe & useful exercise for the benefit of the body politic.

What is the purpose of the constitution?

Prescribe the permanent framework of a system of government, assign the departments their respective powers & duties, establish certain first fixed principles on which government is founded.

How are constitutions classified?

Written or unwritten, Evolved or enacted, and Rigid or flexible

What are the essential qualities of Written Constitutions?

Broad, Brief, & Definite.

What are the essential parts to a Written Constitution?

Constitution of liberty, Constitution of government, and Constitution of sovereignty.

What is a 'Self-executing provision'?

Provisions that enable themselves, they do not need statutory implementation or legislation to become effective.

What is a 'Non-Self-Executing provision'?

Provisions that are enabled only by legislative action to become active.

How can the constitution be changed?

Changes can take place through judicial interpretation, constitutional amendments, and complete revisions of the Constitution.

What is the procedure in amending or revising the constitution?

Proposal and Ratification

What role does the judiciary play with regards to the Constitution?

The judiciary is expected to rectify wrongs and affirms its “sacred & solemn dutyˮ to uphold the Constitution and the laws of the land.

What are the matters the Supreme Court can vote on, with regards to its constitutionality?

Treaties International or Executive Agreements and Laws

What are the requisites of judicial inquiry?

Actual case, Proper party, Raised at the earliest possible opportunity, and Constitutional question to settle the case itself.

What are the three Fundamental Powers of the State?

Police Power, Eminent Domain, and Taxation

What are the similarities of the three fundamental powers?

Inherent in the State and may be exercised without express constitutional grant, Indispensable to the State these powers make the State effective, Methods by which the State interferes with private rights, All presuppose equivalent compensation for the private rights that have been interfered with, and Exercised primarily by the legislature.

What is Police Power?

The force of promoting the public welfare by restraining and regulating the use of liberty & property. It is the only fundamental power that interferes with liberty, specifically the private rights of individuals.

How is Police Power tested?

Lawful Subject and Lawful Means

What is Eminent Domain?

The highest & most exact idea of property remaining in the government that may be acquired for some public use or purpose through a compulsory sale to the State.

Who may exercise Eminent Domain?

Congress, The President, Administrative bodies, Local legislative bodies, Public companies, such as Land Authority or the National Housing Authority, and Quasi-public corporations, like Philippine National Rail, PLDT, and Meraclo

What is 'Destruction from Necessity'?

The act of self-defense, or self- preservation, when applied to persons or to property for the benefit of the public welfare.

What constitutes as 'Private Property' in Eminent Domain?

Anything under the domain of man is subject to expropriation, inclusive are real and personal property, tangible and intangible properties. Only exception are money and choses in action.

What is 'Taking' in Eminent Domain?

Trespass without actual eviction of the owner, material impairment of the value of the property, or prevention of the ordinary use for which the property was intended.

What is 'Taxation'?

The enforced proportional contribution from persons & property levied by the State by virtue of its sovereignty, for the support of government and all public needs.

What is the scope of Taxation?

Income earned at home and abroad, immovable & tangible personal properties, tangible personal property owned by persons domiciled therein are subject to the taxing power of the State.

How does taxation & due process operate?

Taxation is subject to the requirement of due process. Taxes will not be allowed if confiscatory in nature, except if to destroy.

How does taxation & equal protection operate?

Taxation is subject to the requirements of equal protection. The Constitution provides for uniformity & equality when it comes to taxes.

What is 'double taxation'?

When additional taxes are laid on the same subject, by the same taxing jurisdiction during the same taxing period, and for the same purpose.

What is 'public purpose' in Taxation?

The proceeds are devoted to a public purpose. Like “public useˮ in eminent domain, the phrase “public purposeˮ as applied to taxation is now given the broadest interpretation so as to include even indirect public advantage or benefit.

What is 'Due Process'?

Guaranty against any arbitrariness on the part of the government, whether committed by the legislature, the executive, or the judiciary.

What are the two aspects of 'Due Process' in relation to procedure?

Observance of procedure affecting personal rights (Procedural) and Observance of procedure affecting the crafting and implementation of law (Substantive/Intrinsic)

How is Due Process applied in the context of a 'Person'?

The due process clause protects all persons, natural as well as artificial. Natural persons include the citizen and those resident foreigners, living and sojourning in the Philippines.

Explain Substantive Due Process

Requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or property. The question of review is not on the implementation of the law, but on the validity of such a measure in the first place.

Define Procedural Due Process?

A process, “which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. Composed of two essential elements: notice and hearing that if are lacking are violative of the constitutional guarantee of due process.

Explain Judicial Due Process and enumerate the elements?

Composed of four elements indispensable to the entire procedure: 1) There must be an impartial court or tribunal clothed with judicial power to hear and determine the matter before it. 2) Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding. 3) The defendant must be given an opportunity to be heard. 4) Judgement must be rendered upon lawful hearing.

What are the elements of Administrative Due Process?

1) The right to a hearing, which includes the rights to present oneʼs case and submit evidence in support thereof. 2) The tribunal must consider the evidence presented. 3) The decision must have something to support itself. 4) The evidence must be substantial. 5) The decision must rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. 6) The tribunal or body or any of its judges must act on its or his own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate in arriving at a decision. 7) The board or body should, in all controversial questions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered.

What is 'Equal Protection'?

Requires all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.

Who are the persons covered by 'Equal Protection'?

All persons, natural and juridical. However, artificial persons are protected only in regards to their property. Aliens are included in the equal protection, however certain rights are bestowed only to citizens, such as the right to vote, hold public office, exploit natural resources, and operate public utilities.

List the requirements for Classification to be valid for 'Equal Protection'

Based upon substantial distinctions, Germane to the purpose of the law, Must not be limited to existing conditions only, and Must apply equally to all members of the class.

What are the requisites of a valid warrant for 'Searches and Seizures'?

1) It must be based upon probable cause. 2) The probable cause must be determined personally by the judge. 3) The determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce. 4) It must particularly describe the place to be searched and the person or thing to be seized. 5) In connection with the specific offense.

What are the properties that are subject to seizure?

1) Property subject of the offense; 2) Property stolen or embezzled and other proceeds or fruits of the offense; 3) Property used or intended to be used as the means of committing an offense.

What constitutes as warrantless searches and seizures?

The exceptions are contingent on a peace officer or even a private person, arresting an individual: 1) When said individual has in fact just committed, is actually committing, or is attempting to commit an offense in his presence; 2) When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; 3) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where is serving final judgement or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.

What is the ratio of the liberty of abode and travel?

That the human dignity afforded in the form of choosing a home and traveling at oneʼs discretion is guaranteed as a fundamental right subject to certain limitations in consideration of national security, public safety, or public health as provided by law.

What are the limitations imposed on the freedom of abode and travel?

Liberty of abode can be limited “Upon lawful order of the court and Right to travel can be regulated due to “national security, public safety, or public health as may be provided by law.

What is Religion?

Any specific system of belief, worship, conduct, etc. often involving a code of ethics and a philosophy.

What is encompassed in the Freedom of Expression?

Freedom of expression in general, Freedom of the press, Freedom of assembly, Freedom of petition, Freedom of religion, The right of association, The right to access information on matters of public concern, and The right not be detained solely by one’s political beliefs and aspirations.

What are the elements of Freedom of Expression?

Freedom from previous restraint or censorship and Freedom from subsequent punishment.

What are the tests for the measurement for Freedom from Punishment?

The clear and present danger rule, The dangerous tendency doctrine, and The balancing test.

What is the purpose of the Impairment Clause?

A provision of law designed to safeguard the integrity of valid contractual agreements against unwarranted interference by the State.

What is the subject that is protected by the Impairment Clause?

A “Contractˮ is the subject to the protection of the impairment clause. The “contractˮ is considered to any lawful agreement on property or property rights, whether real or personal, tangible or intangible.

What is the “lawˮ contemplated in the Impairment Clause?

The “lawˮ contemplated in the Impairment Clause is inclusive of statutes enacted by the national legislature, executive orders, administrative regulations under a valid delegation of power, and municipal orders passed by local legislative bodies. Judicial decisions or adjudications of administrative bodies are exempted.

What is impairment executed?

Anything that diminishes the efficacy of the contract. It is contingent on changes to the original rights of the parties that are prejudicial in nature.

What is the purpose of an Ex Post Facto law?

An ex post facto law makes a previous act criminal although it was not so at the time it was committed. It is contingent on the provisions of the law acting retroactively.

What are the characteristics of an Ex Post Facto law?

Refer to criminal matters, be retroactive in its application, and to the prejudice of the accused.

What is a Bill of Attainder?

A legislative act that inflicts punishment without trial, its essence being the substitute of legislative fiat for a judicial determination of guilt.

What is the ratio for the Non-Imprisonment for Debt

Provides liberty of persons against incarceration for the enforcement of private debts solely for the misfortune of being poor.

What is the scope of “debtˮ for Non-Imprisonment for Debt?

Refers to any civil obligation arising from contract, either expressed or implied. Only applicable in cases of the creditor trying to recover an unpaid debt.

What is the definition of “Involuntary Servitudeˮ?

The condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not.

What exceptions exist for “Involuntary Servitudeˮ?

Punishment for a crime whereof the party shall have been duly convicted, Rendering, under conditions provided by law, personal military or civil service, and Those under the conditions that merit the doctrinal operation of Patria Potestas

What is a Writ of Habeas Corpus?

A prerogative writ of liberty employed to test the validity of a personʼs detention. The writ is specifically directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do so, to submit to, and received whatever the court or judge awarding the writ shall consider in his behalf.

When is the Writ of Habeas Corpus available?

Whenever a person is subjected to the following conditions: Physical restraint, such as arbitrary detention. A person subjected to moral restraint. A prisoner convicted by a court without jurisdiction or his sentence has become invalid. Cases of unlawful denial bail.

What are the grounds for suspending the privilege of the Writ of Habeas Corpus?

The President is the sole individual with the authority to suspend the privilege of the writ of habeas corpus. However, the legislature and the judiciary can review the factual basis of the suspension and revoke it, in the proper cases. Actual invasion or rebellion and when public safety requires it.

Which body implements the rules regarding the speedy disposition of cases?

The Supreme Court is the ultimate authority in the promulgation of rules and procedures which improves the efficiency of the judiciary and ultimately the dispensation of justice.

What are the specific rights of the accused?

The Constitution provides specific safeguards in the Bill of Rights, namely Sections 12, 13, 14, 17, 19, and 21 against arbitrary punishment or prosecution.

What are deemed the necessary elements to validate an extrajudicial confession and admit it as evidence?

The act must be voluntary, assisted by counsel, in writing and expressly made.

What are natural born citizens?

Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.

What does citizenship entail?

Entails the individual certain benefits or rights exclusive to them. However, constitutional offices are retained exclusively for the enjoyment of natural-born citizens.

List the two most common methods of acquiring citizenship

Jus Sanguinis - The principle which is based on the virtue of blood relationship and Jus Soli - The principle which is based on the virtue of place of birth