Xavier Ateneo Law: Political and Constitutional Law II - Flashcards

Flashcards based on lecture notes covering various aspects of Political and Constitutional Law II.

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, Guarantees against injustice to the accused.

What is a constitution? (Cooley's definition)

That body of rules & maxims in accordance with what the power of sovereignty are habitually exercising.

What is a constitution? (Malcom's definition)

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, Rigid or flexible

What essential qualities must written Constitutions have?

Broad, Brief, & Definite.

What essential parts do written Constitutions have?

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

What is an advantage of the permanence of the constitution?

It becomes difficult to amend by temporary passions.

What is a disadvantage of the permanence of the constitution?

It is unable to adjust to new conditions or circumstances that necessitate change.

How is the constitution interpreted?

Follows the intention of the framers. Always consider the self-executing, mandatory, and prospective nature certain of constitutional provisions.

What are the differences between self-executing and non-self-executing provisions?

Self-Executing provisions enable themselves, they do not need statutory implementation or legislation to become effective. Non-self- executing provision 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 proposal process for Amendment?

Requires a direct legislative action, which targets specific parts of the text. The amendment has to be approved by ¾ majority of all members of Congress.

What is the proposal process for Revision?

Congress calls upon a Constitutional Convention through a ¾ majority vote of all members of Congress.

What is the proposal process for People’s Initiative?

Requires statutory activation, provision is not self-executing. Peopleʼs initiative allows only for amendments and not revisions.

What is the process for Ratification?

For the amendments or revisions to be valid, it needs to be ratified by a majority of the votes casts in a plebiscite held not earlier than 60 days nor later than 90 days after the approval of such change by Congress or the Constitutional Convention or after certification by COMELEC of a sufficient peopleʼs initiative.

Judicial Review of Amendments

The observed principle is that the Courts can inquire into whether or not the prescribed procedure for amendment or revision has been followed.

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

Treaties, International or Executive Agreements, Laws, The Rules of Court.

What matters does the Rules of Court requires review of?

Presidential Decrees, Proclamations, Orders, Instructions, Ordinances, And other regulations.

What are the requisites of judicial inquiry?

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

What is the Orthodox View in Declaration of Unconstitutionality?

There is no law and all the attending or incidental effects thereto such as the granting of a right, creation of an office, imposition of duties, does not exist. All persons are bound by the total unconstitutionality of the assailed act or law.

What is the Modern View in Declaration of Unconstitutionality?

The effects are to the parties only, the Court does not recognize the unconstitutionality. The effect rendered by the second view is limited only the parties involved. The decision made does not remove, repeal, revoke, or annul the assailed law; it is binding only on the parties involved.

What conditions must be present for Partial Unconstitutionality to operate?

The legislative is willing to retain the valid provisions of the assailed law and The valid provisions can stand independently as a separate statute.

What are the three Fundamental Powers of the State?

Police Power, Eminent Domain, 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. Exercised primarily by the legislature.

What are the differences of the three fundamental powers?

Police Power regulates liberty & property. Eminent Domain and taxation regulate property rights only. Police power & Taxation are exercised only by the government. Eminent Domain may be exercised by some private entities. Property taken under police power is destroyed due to its noxious nature. Property taken under Eminent Domain & Taxation is for public use and therefore wholesome. Compensation under Police Power is an altruistic feeling. Compensation under Eminent Domain & Taxation are concrete, either compensation or actual public improvements.

What are the limitations of these fundamental powers?

Exercise of these fundamental powers are subjected all times to the limitations and requirements of the Constitution and maybe annulled in proper cases.

What is Police Power?

The force of promoting the public welfare by restraining and regulating the use of liberty & property.

What are the characteristics of Police Power?

It can be exercised as long as the activity or property being sought and regulated has some relevance to the public welfare. Based on the maxims “the will of the people is the supreme lawˮ and “subordination of individual benefit for the interests of the greater number. Police Power may not be bargained away through contract or treaty. The impairment clause must yield to Police Power wherever the contract deals with a subject affecting the public welfare.

Retail Trade Nationalization Law

The Court held the law valid, that as an exercise of police power, the State has to obligation to protect the economic freedom of Filipinos, including measures promoting and securing economic control free from aliens.

Police Power on Society

Police power is dynamic, not static, and must move with the moving society it is supposed to regulate. Once exercised, it is not deemed exhausted and may be exercised again & again, as often as it is necessary for the protection or promotion of the public welfare.

How is Police Power exercised?

Police power is primarily lodged with the legislature, by virtue of a valid delegation of legislative power it may be exercised by the President & administrative bodies, as well as lawmaking bodies in all municipal levels.

How is Police Power tested?

Lawful Subject & Lawful Means

What constitutes as Lawful Subject?

Interests of the public generally, as distinguished from those a particular class, require the exercise of the police power. The subject of the measure is within scope of the police power, that the activity being regulated affects the public welfare.

What constitutes as Lawful Means?

The means employed are reasonably necessary for the accomplishment of the purpose & not unduly oppressive upon individuals. Both the ends and the means must be legitimate for it to be a valid exercise of police power. Failure to do so renders it an arbitrary intrusion into private rights.

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, 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.

“Necessity of Exercise

Questions of necessity are essentially political questions determined by the legislature and not subject to judicial review.

What constitutes Private Property?

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.

Republic vs. PLDT

Normally, of course, the power of eminent domain results in the taking or appropriation of title to, and possession of, the expropriated property, but no concrete reason appears why said power may not be availed. Private property is subjected to a burden for public use & benefit.

What is Taking?

Taking in political law may include 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.

Define Damnum absque injuria

Losses sustained in the expropriation of private property for the improvement of the general welfare, valid as long as the prejudice suffered by the individual property owner is shared in common with the rest of the community. If he suffers more, than he is entitled to just compensation.

How is “Just Compensation defined?

Full & fair equivalent of property being taken from the private owner by the expropriation. There is intention to indemnify the owner fully for the loss he has sustained as a result of the expropriation. The equivalent compensation has to be real, substantial, full, and ample.

How is just compensation ascertained?

The Court should determine first the actual or basic value of the property. Basic or market value of the property is the price that may be agreed upon by the parties willingly but not compelled to enter into a contract of sale.

What is Taxation?

Are 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.

Differences Between Taxes and LIcenses

Taxes are to levy revenues; licenses are imposed for regulation purposes only.

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.

Taxation is validly used as an implement of police power in discouraging & prohibiting certain things or enterprises inimical to the public welfare. But taxation as revenue generation, then it cannot be allowed to confiscate or destroy property.

Taxation as the “power to destroy

Taxation & due process

Taxation is subject to the requirement of due process. Taxes will not be allowed if confiscatory in nature, except if to destroy. Due process does not require prior notice & hearing before a law presumably fixed a specific tax on certain articles may be executed. But if tax to be collected is based on the value of taxable property, taxpayer is entitled to be notified & to be heard on the correct valuation of the property to be taxed.

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. Uniformity in taxation means that if items belong in the same category, then they shall be taxed at the same rate, regardless of value. Equality in taxation means that the tax shall be strictly proportional to the relative value of the property.

What is “public purposeˮ?

In sustaining a tax, it is necessary to show that the proceeds are devoted to a public purpose.

Who are allowed to receive “tax exemptions

Constitutional and Statutory

What taxation is being referred to in Section 28 (3), Article 6, 1987 Constitution?

Property tax for all lands, buildings, and improvements.

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 is the origin of Due Process?

That “no man shall be taken or imprisoned or disseized or outlawed, or in any manner destroyed; nor shall we go upon him, nor send upon him, but by the lawful judgment of his peers or by the law of the land.

Webster on Due Process

Law of the land, means the general law, a law which hears before it condemns, which proceeds upon inquiry and renders judgement only after trial.

What are the two aspects of “Due Processˮ in relation to procedure?

Observance of procedure affecting personal rights and Observance of procedure affecting the crafting and implementation of law.

In the context of a “Personˮ , Due Process apply to?

Natural as well as artificial

Define Deprivation

To take away forcibly, to prevent from possessing, enjoying or using something. In the context of Due Process, this connotes denial of the right to life, liberty, or property.

What is “Life

It is the integrity of the physical person.

Define Liberty

Is the freedom to do right and never wrong; it is ever guided by reason and the upright and honorable conscience of the individual.

Explain “Property

Is anything that can come under the right of ownership and be subject to contract.

What are the kinds of Due Process?

Substantive Due Process & Procedural Due Process

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. The law itself provides that the objective of the law must of public interest that requires intervention of the State and the pursued in a lawful and valid manner.

Define Procedural Due Process?

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

What are the elements of Judicial Due Process?

There must be an impartial court or tribunal clothed with judicial power to hear and determine the matter before it. Jurisdiction must be lawfully acquired over the person of the defendant and over the property which is the subject matter of the proceeding. The defendant must be given an opportunity to be heard. Judgement must be rendered upon lawful hearing.

What are the elements of Administrative Due Process?

The right to a hearing, which includes the rights to present oneʼs case and submit evidence in support thereof. The tribunal must consider the evidence presented. The decision must have something to support itself. The evidence must be substantial. The decision must rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. 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. 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?

Is embraced in the concept of due process, as every unfair discrimination offends the requirements of justice and fair play. Aimed at acts of unwarranted partiality or prejudice.

How can “Equal Protectionˮ be defined?

Equal protection requires all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. That the law be enforced and applied equally, even if the intention is noble, but the application is unjust, this cannot be held under equal protection.

What requirements are needed for classification to be valid?

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

Relevance to Purpose of Law

If the classification is based on substantial distinction, it will need to conform to the second requirement, that it will be relevant to the purpose of law

Duration

The classification must be enforced for as long as the problem sought to be corrected continues to exist.

Applicability to All Members

The classification will be held invalid if all the members of the same class are not similarly treated, both as to rights conferred and obligations imposed.

What is the scope of protection for Searches & Seizures?

The rights against unreasonable searches and seizures and to the privacy of communication and correspondence are available to all persons, including aliens, whether accused of crime or not. Artificial persons, are also entitled, although they may be required to open their account books for examination of the State.

What is the essential document that validates a Search & Seizure?

Searches of a place and the effects therein, as well as the seizure of persons and things are contingent on the issue of a valid warrant.

What are the requisites of a valid Warrant?

It must be based upon probable cause. The probable cause must be determined personally by the judge. The determination must be made after examination under oath or affirmation of the complainant and the witnesses he may produce. It must particularly describe the place to be searched and the person or thing to be seized. Fifth requirement determined by Fr. Bernas, SJ: In connection with the specific offense.

Stonehill vs. Diokno

The Court determined that warrants were issued upon applications alleging a violation of Central Bank circulars, the Tariffs and Customs Law, the Internal Revenue Code, and the Revised Penal Code was a violation due to the fact that no specific offense had been alleged in the applications.

Particularity of Description

Descriptions that make reference to the particular identity of the accused or articles to be seized, or place to be searched are indispensable to the issuance of a valid warrant.

Searches and Seizures - Article III, Section 2, 1987 Constitution

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be search, and the persons or things to be seized.

What is the scope of protection for Searches & Seizures?

The right against unreasonable searches and seizures and to the privacy of communication and correspondence are available to all persons, including aliens, whether accused of crime or not. Artificial persons, are also entitled, although they may be required to open their account books for examination of the State.

Custom Search

Those who board a vehicle, board a vessel who are believed, in cases of custom laws, have a violation against trade and tariff, one can conduct warrantless search

John Doe Warrant

A warrant to seize a person must have the name of the person to be seized, failure to do so leads to “John Doe warrantsˮ which are considered insufficient and illegal. However, a “John Doe warrant“ can be valid if there is a sufficient description that enables identification of the accused.

Moving Vehicle

Vehicle where one may believed to have done violation to trade and tariff and custom laws, illegal transport can be subjected to warrantless search

Plain Viev

Where evidence is obvious, can be taken into an arrest without warrant; an example is that one is on top of a building smoking marijuana, then they can apprehend the one into custody.

Consented Searches

If someone willingly permits searches and seizure, warrant is not necessary such as to give access to authorities to the residence or other places.

Searches in Vessels and aircraft

Searches and seizures without warrant of vessels and aircraft for violation of custom laws have been traditionally exempted due to the fact that the vessel could quickly leave the jurisdiction before the warrant could be issued. The same applies to land vehicles.

Stop and Frisk Rule

The power to search a limited amount of a place or person to make assure that individual not doing harm to an others.

Case of People vs Perez

A municipal secretary in the course of a casual conversation suggested beheading the head of then Governor-General Wood. He was then convicted and the Court held that “Perez has uttered seditious words. He has made a statement and done an act which tended to instigate others to cabal or meet together for unlawful purposes.ˮ

Case of Iglesia ni Cristo vs Court of appeals

The case involved whether the Movies and Television Review and Classification Board had the power to review petitioner program.

Rights against Searches and Seizure

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be search, and the persons or things to be seized

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.

how does the separation of the Church and State operate?

Wherein a clear and definite delineation of boundaries are applied to avoid encroachments of their respective jurisdictions, this is furthered by “render therefore to Ceasar the things that are Ceasarʼs and unto God the things that are Godʼs

What is the purpose of the Impairment Clause?

The impairment Clause is a provision of law designed to safeguard the integrity of valid contractual agreements against unwarranted interference by the State.

What is an Ex Post Facto Law?

In the basic sense, 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 is the ratio for the Non-Imprisonment for Debt?

As the concept of law evolved the response to the idea that a person can be held imprisoned for non-payment of a debt has relaxed. The 1987 Constitution provides liberty of persons against incarceration for the enforcement of private debts solely for the misfortune of being poor.

What is the ratio for the Non-Imprisonment for Debt?

As the concept of law evolved the response to the idea that a person can be held imprisoned for non-payment of a debt has relaxed. The 1987 Constitution provides liberty of persons against incarceration for the enforcement of private debts solely for the misfortune of being poor.

What is the Writ of Habeas Corpus?

Is a prerogative writ of liberty employed to test the validity of a personʼs detention